Latest news & developments
Stock options granted by a Personal Service Company to its company director – not always tax deductible for the company
In a judgement of 5 December 2023, the Court of appeal of Antwerp ruled on a case regarding the deductibility of costs of stock options and upholds the lower court’s decision, confirming that remunerations (stock options income in this case) may not always be treated as deductible expenses. The dispute in this case revolves around
OECD Published Guidance on Amount B
On 19 February 2024, the OECD published a report which aims to simplify and streamline the application of the arm’s length principle to in-country baseline marketing and distribution activities (the Report) (also known as Amount B under Pillar One). The first draft guidance and call for input dates back from late 2020. Quite some time
New Circular letter on the calculation of the Federal Mobility Budget: pitfalls remain
At the end of September last year, the Belgian government published a Royal Decree to clarify the calculation of the budget for the Federal Mobility Budget and introduce a lump sum calculation method as well. These formulas are to be used both to calculate the available budget as well as the cost to be charged
Net Zero Industrial Act and the Strategic Technologies for Europe Platform: Forging a Synergy for the European Industry of the Future
During last week’s trilogue negotiations, the EU Commission, the EU Parliament, and the EU Council reached a provisional agreement on the Net Zero Industrial Act (NZIA). This Regulation will form the backbone of the EU’s strategy to boost domestic green tech production, known as the Green Deal Industrial Plan. This initiative responds to the global
Wage withholding tax exemption – Constitutional court has introduced a strict interpretation of the application requirements for the wage withholding tax exemption for shift work
Executive Summary In a request for preliminary ruling, the Belgian Constitutional Court was asked to rule on the discriminatory character (or not) of one of the conditions to apply the withholding tax exemption for night and shift work. Said condition requires that the shifts perform the same work in terms of content and magnitude of
Harmonising Carbon Pricing in the CBAM Era: EU-Switzerland ETS Linkage
Recent developments in the Agreement between the EU and Switzerland on linking their Emission Trading Systems reflect an ongoing commitment inside the European Union to aligning carbon pricing strategies across borders, that is now expected to accelerate following the adoption and implementation of the Carbon Border Adjustment Mechanism (CBAM). The EU Carbon Pricing Strategy The
New ways to carving-out and integrating your business in Belgium not always tax neutral
In 2023, new ways of performing carve-out and integrating your business became possible from a legal perspective. Meanwhile the tax law has also been adapted to enable you to perform these new ways of reorganising your group structure tax-free. Nevertheless, still some problems remain and sufficient attention should be paid to the tax consequences of
The updated benefit in kind for the private use of a company car – 12 months delay for a significant tax increase?
Executive summary Due to the acceleration of the electrification of the fleet, employees driving a combustion engine car were faced with an approx. 10% increase of the benefit in kind company car as of 2024. To mitigate the related tax cost for the individual, the Minister of Finance has announced a change in the calculation
