New Flemish Government: announcement gift & inheritance tax measures
On 30 September 2019, the Flemish negotiating political parties presented the Flemish Coalition Agreement (the Agreement), setting the scene and focus areas for the Flemish Government in the 5 years to come (read the full text here). The last chapter of the agreement outlines the priorities of this Flemish Government in terms of finances and
Withholding tax exemption for shift work – Update
Incorrect application of the withholding tax exemption for shift work can result in very substantial claims from the tax authorities. In a recent newspaper it was for example pointed out that VAB is risking to pay millions of euros to the Belgian tax authorities in case it would lose its case before court. Shiftwork is defined by law
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
American Belgians risk losing their Belgian bank account in 2020
As recently communicated in the Belgian media, Belgians with the American nationality risk losing their Belgian bank accounts because of the strict application of the U.S. FATCA-legislation. FATCA In application of the FATCA (Foreign Account Tax Compliance Act), which is also applicable in relation to U.S. citizens residing in Belgium, financial institutions outside the U.S.
Unfavourable treatment of Belgian residents that invest in property abroad: the story continues
On 25 July 2019 the European Commission decided to refer Belgium to the Court of Justice of the EU for its failure to properly implement new rules related to the taxation of rental income of foreign immovable property owned by Belgian tax payers. Last year, on the 12th of April 2018, the European Court of
Gentlemen’s agreement Belgium-Luxembourg: a new chapter for cross-border workers
On 16 May 2019 the Luxembourg Prime Minister Xavier Bettel and the Belgian Prime Minister Charles Michel have agreed to reopen negotiations regarding the double tax treaty concluded between Belgium and Luxembourg, with respect to the taxation of individuals working in a cross-border context. Belgian-Luxembourg double tax treaty In principle, employees who are tax resident
Newshub: Belgian Tax Authorities announce some of their focus areas for 2019 tax audits
The Belgian Tax Authorities have recently announced some of their focus areas for 2019 for tax audits. This early warning allows both individual taxpayers and enterprises to ensure compliance with their Belgian tax obligations. Enterprises can expect to face more scrutiny in relation to the following subjects: Companies who do not fulfill all the conditions
Taxation of severance pay – reference year: 12 months of taxable ‘professional income’
Severance pay From a Belgian income tax point of view, all payments made by a company as a result of the discontinuation of the work or the termination of an employment contract of an employee are characterized as “severance pay”. In principle, such payments are taxed in accordance with the regime of article 171, 5°,