CJEU rules that Belgian participation exemption infringes Parent-Subsidiary Directive
On 19 December 2019, the Court of Justice of the European Union (CJEU) rendered its judgment in the “Brussels Securities” case. The CJEU ruled that the combination of the dividends-received deduction and the order of deductions as arranged in the Belgian corporate income tax system infringes the Parent-Subsidiary Directive. What is the issue? In
Mandatory disclosure rules for intermediaries (DAC 6) – Belgian law adopted by the Chamber of Representatives
On 12 December, the draft bill implementing the EU Council Directive 2018/822/EU of 26 May 2018, also known as “DAC6 Directive”, has been adopted by the Chamber of Representatives. In short, DAC6 provides for the obligation to declare certain cross-border tax arrangements to the Belgian tax authorities. This obligation is incumbent on both taxpayers
Important update – Draft bill impacting 30% EBITDA rule delayed
The draft bill containing various modifications to article 198/1 BITC 92 (i.e. 30% EBITDA rule), has been removed from the agenda of the Finance Commission. Therefore it is unrealistic that these modifications will be adopted before year-end. The modifications included in the draft bill – and which are hence not adopted – include the allocation of
Draft bill involving significant changes on 30% EBITDA rule
On 26 November 2019, a draft bill containing various tax provisions was submitted to the Belgian Chamber of Representatives. Several upcoming changes are related to the interest deductibility limitation (i.e. 30% EBITDA rule) which was introduced in the 2017 corporate income tax reform and applicable as of 1 January 2019 (assessment year 2020). If enacted,
OECD Secretariat seeks input on global minimum tax design
On 8 November, the Organisation for Economic Co-operation and Development (OECD) Secretariat published a Public consultation document: the Global Anti-Base Erosion Proposal (‘GloBE’) (Pillar II) which seeks stakeholders’ views on the introduction of common global minimum tax rules across the more than 130 countries participating in the OECD Inclusive Framework. Such rules would operate through top-up taxes
France: upcoming new withholding tax rules for French non-resident taxpayers
On 1 January 2019, France implemented the greatest change in its personal income tax system in over 40 years through the creation of a Pay As You Earn withholding system for French tax residents. This new system that applies to the great majority of income earned by French tax residents (i.e. wages & pensions) has
Circular Letter regarding the “grandfathering” provision included in 30% EBITDA rule
On 11 September 2019, the Belgian tax administration published a Circular Letter regarding the grandfathering provision that is included in the recently introduced interest deductibility limitation (i.e. 30% EBITDA rule). The 30% EBITDA rule includes a grandfathering provision for loans that have been issued before 17 June 2016 and that have not been “fundamentally modified”
Listed companies and the UBO register: not always an exemption!
In previous news flashes we already informed you about the implementation of the UBO register, the extension of the deadlines and the updates of the Frequently Asked Questions (FAQ). In the updated version of the FAQ published on 19 July 2019 the Belgian authorities stated that listed companies are exempted from registering their UBO’s if they are subject
