Tax neutral merger possible in Belgium in case of negative accounting net equity
When a merger is performed between two Belgian legal entities whereby the acquired company has a negative accounting net equity, the question pops-up whether such merger is possible and feasible to perform tax-free. Given that Belgian law does not explicitly require a positive net equity, it can be assumed a contrario that a merger should
Belgian Net Asset Tax and Withholding Tax: opportunities to reclaim for Luxembourg SICAV
In a decision dated 29 November 2018, the Court of Appeal of Brussels concluded that the Double Tax Treaty concluded between Belgium and Luxembourg (hereinafter the ‘DTT’) prevents the application of the Belgian Net Asset Tax (hereinafter the ‘NAT’) to a Luxembourg SICAV. As it confirms that a Luxembourg SICAV falls within the personal scope
Taxation of Dutch AOW pensions – Circular 8 March 2018
Certain taxpayers, who have been living and/or working in The Netherlands, may decide to move their residency from The Netherlands to Belgium and retire in Belgium. Over the years, there has been quite some discussion and uncertainty in the Belgian fiscal landscape with respect to the taxation of Dutch AOW pensions, paid to tax residents
Dutch wage tax exemption withdrawals affecting Belgian residents’ Dutch pension schemes
Since end of last year, about 1,300 pensioners who receive benefits of EUR 25,000 or more per annum under a Dutch pension scheme and who are resident in Belgium have been notified by the Dutch tax authorities that the exemption these pensioners enjoyed as regards Dutch wage tax withholding over such benefits is withdrawn effective
Belgium’s corporate tax reform becomes reality
Today the Federal government has published a press release regarding the agreement on the concrete implementation of the important corporate tax reform announced earlier in July 2017. The Act has been sent to the Council of State for advice and is expected to be voted by Parliament in the course of December 2017. The great achievement of this
Notional interest deduction rate for tax year 2019 is 0,746%
The Belgian notional interest deduction (NID) rate for tax year 2019 (accounting years ending between 31 December 2018 and 30 December 2019, both dates included) would be 0,746%. For SMEs (Small and Medium-sized Enterprises), the NID rate would be 1,246% for tax year 2019. According to article 205quater, §2 of the Belgian Income Tax Code
