Current practice of different filing deadlines is unconstitutional
In a recent court case (Court of Appeal of Ghent, 26 January 2014), the Belgian courts have ruled that the current practice of the tax authorities of providing different filing deadlines, depending by whom (the taxpayer or representative) or the manner of filing (on paper or electronically) is unconstitutional, as this violates the general principles
Foreign Tax Credit (QFIE/FBB) System not Compliant to Belgian Constitution
Decision The Court examines two aspects of the legislation, (1) the possible refund of FTC in case of insufficient taxable profits and (2) the gross-up of the FTC to the corporate tax base (link to decision FR/ NL). 1. Excess FTC (article 285 and 292 ITC) Under domestic law, a foreign tax credit excess may
Belgian savings pension system not in line with EU law
On 23 January 2014, the Court of Justice of the European Union (the Court) issued its decision in Case C‑296/12 Commission v. Kingdom of Belgium. The Court declared that, by introducing and maintaining a tax reduction in respect of contributions paid to a savings pension (savings account or savings insurance) in so far as that reduction
Tax on savings deposits interest: Constitutional Court throws out 15% provision
The Constitutional Court quashed the tax provisions providing for a reduced withholding tax of 15 % on interest arising from Belgian regulated savings deposits exceeding the threshold of EUR 1,250 per annum (read: EUR 1,880 for tax year 2014). As a reminder, below this threshold, interest on Belgian savings deposits is tax exempt. With the
Expected new EU rules on executive pay in public companies. How might they impact Belgian listed companies?
Is Belgium a step ahead of the game? Over the past five years, pay policies in public companies and financial services have been under deep scrutiny. To increase transparency on pay, there has been a shift from mere recommendations to more stringent rules set down in law, especially in the field of financial services. While
Allowances for business trips of more than 30 days
Social security and tax authorities on the same page In accordance with Belgian legislation, social security contributions are due on any advantage in money or which can be expressed in money, granted by the employer to the employee as a counterpart for labour, and to which the employee is directly or indirectly entitled through his
Unified statute for white and blue-collar workers
First legal step taken by the Council of Ministers During its meeting of 27 September 2013, the Belgian Council of Ministers approved a draft act regarding the unified statute for white and blue-collar workers. This draft act constitutes a first important step in the legal enactment of the political agreement which was reached in the
Government measures to fight fraud will increase costs for employers
A new law adopted on 24 September 2013 will remove exemptions on paying social security for payments made on the termination of employment contracts. Background Measures to fight fraud featured heavily in the Government’s recent budget. One such measure includes an amendment to the rules on the definition of payments subject to social security contributions.
