Benefits granted by foreign companies: Reporting and withholding tax obligation – approved by parliament
We refer to our previous headline of 22 January 2019 regarding the draft law introducing a reporting and wage withholding tax obligation in the hands of Belgian employers/companies, in case affiliated foreign companies grant taxable benefits to employees or company directors working for a Belgian company. The draft law is now approved by parliament and the measures
Benefits granted by foreign companies: Reporting and withholding tax obligation – Update
Based on the current Belgian income tax legislation, there is no obligation to withhold, deduct and pay wage withholding taxes when benefits are granted by foreign (parent) companies to employees and/or company directors of Belgian (subsidiary) companies, provided the Belgian company does not intervene in the attribution of the benefits and provided no costs are re-charged
Tax Ruling Service specifies “disproportional grant” of warrants or OTCs in two particular cases
In the past, the Tax Ruling Service has taken several decisions whereby it was not excluded that the grant of warrants/options on Beveks/Sicavs or the grant of quoted options could be considered as an improper use if such grant would be considered ‘disproportionate’ in comparison with the conventional attributed remuneration. The Tax Ruling Service never
Stock options and management companies
On 13 April 2017, a practice note has been published by the Belgian tax authorities with respect to stock options granted to a director/permanent representative of a management company. Unquoted stock options attributed to natural persons and accepted in writing within 60 days following the grant are taxable in Belgium in the hands of the
Stock options – Opinion on fiscal regime of stock options in case of a cashless exercise
The Court of Appeal of Ghent confirmed in its decision of 9 September 2014 that the so-called ‘cashless exercise’ of options does not prevent the application of the tax regime as mentioned under the Stock-Option Act of 26 March 1999. The case concerned a doctor company who attributed stock options on quoted shares to his managing director. These
