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Latest news & developments

18 May 2020

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

13 May 2020

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

8 May 2020

Parliamentary Committee approves corona tax measures

Next to the impact on human health and lives, the COVID-19 pandemic also has a worldwide economic impact. Businesses are being impacted, the economy slows down and families have less purchasing power. In Belgium, the latter is compensated to a certain extent by temporary employment due to force majeure. This week, various measures have been

8 May 2020

COVID-19 #13 Liquidation of negative net equity companies

In many groups, the current year financial performance will not meet the budget set at the start of the financial year. The current crisis is immeasurably affecting the economic landscape. When companies are no longer capable of funding their own operations, shareholders may be called to provide financial support. In circumstances like these, it is

7 May 2020

COVID-19 and cross-border employment: Belgium reaches agreement on “force majeure” tolerance for cross-border workers with the Netherlands

International travel restrictions and COVID-19 lock down measures, imposed by governments during the coronacrisis in order to “flatten the curve”, are pushing cross-border workers into a continuous home working scenario for many weeks now. Working days abroad are no longer an option. As stated by the OECD guidance, exceptional circumstances call for an exceptional level

7 May 2020

EBITDA Interest Limitation Rule: New Circular Letter avoids unintended consequences when obtaining payment holidays

On 5 May 2020, the Belgian tax administration published its Circular Letter 2020/C/62 on specific payment holidays negotiated in the context of the COVID-19 crisis. More in particular, this circular accepts that certain loans will not lose their “grandfathered” status in case specific modifications are negotiated to loan agreements so to bridge temporary payment difficulties.