Debt waivers without a tax cash out (?)
Last week, Belgian Minister of Finance Van Peteghem announced to extend the scope of the existing Belgian tax exemption for debt waivers to non-judicial debt reorganizations. This is very relevant for debt restructurings involving Belgian debtors, especially as the 2018 Belgian tax reform introduced a cap on the amount of certain tax attributes (such as
Brexit does not only impact fishing territories but also M&A transactions
During the holidays and after lengthy negotiations, the EU and the UK agreed on a Brexit – deal. As foreseen, on 1 January 2021, the transition period during which the UK was still considered a Member State of the EU and European Economic Area (EEA) has ended. Among a variety of topics, this is
New legislation impacting 30% EBITDA rule
In order to address criticism of the European Commission on inter alia the Belgian implementation of the “EBITDA interest limitation rule”, the Belgian legislator has published new legislation to address those. This might impact the financing of real estate, entities that perform factoring activities or entities active in “long-term public infrastructure projects”. The scope of
Consolidation of Joint Ventures not always required for the 30% EBITDA rule
As from assessment year 2020 (FY starting as from 1 January 2019) a 30% EBITDA rule limits the maximum amount of interest relief, whereby ‘exceeding borrowing costs’ are only tax deductible up to the higher of 30% of the tax-adjusted EBITDA or €3m. This de minimis rule should be calculated at Belgian group level. Based
COVID-19 #17 Carry-back of tax losses approved by Chamber, cash savings for companies with COVID-19 losses
In the beginning of the COVID-19 health crisis some measures were undertaken with an immediate short-term cash effect, such as the extension of the deadline for tax payments and filings. Recently, as the COVID-19 health crisis appears to be under control, the attention of the Belgian government has been shifting towards measures aimed to cope
COVID-19 #16 Change of control – impact on tax attributes
A staggering US$2,500bn. That’s the estimated ‘dry powder’ currently held by private equity firms at a global level. Although a lot of that money is likely to be invested in businesses that are coping (reasonably) well with the ongoing crisis, troubled sectors may nonetheless see a greater deal of activity as they may present opportunities
COVID-19 #15 Management Participation Schemes under water
The fact that Governments are gradually defining their exit strategy, does unfortunately not imply that managers are already seeing the exit horizon they were hoping for when they invested in the group. As we may have left the path of a buoyant M&A market, a lot of managers may be in dire straits as their
COVID-19 #14 Impact of decreasing EBITDA on interest deductibility
You don’t need a crystal ball to predict that a lot of companies will be confronted with a lower EBITDA than projected. Especially for highly leveraged businesses, this may bring some additional challenges. Indeed, by transposing the interest limitation rules embedded in the EU Anti-Tax Avoidance Directive (‘ATAD I’) in national law, Belgian taxpayers may
