On 12 November 2020 the European Court of Justice (ECJ) imposed a lump-sum fine of EUR 2 million and a daily penalty of EUR 7.500 for each day that the Belgian tax authorities continue to maintain a difference in tax treatment for rental income depending on whether the property is located in Belgium or abroad.
On 25 July 2019 the European Commission decided to refer Belgium to the Court of Justice of the EU for its failure to properly implement new rules related to the taxation of rental income of foreign immovable property owned by Belgian tax payers. Last year, on the 12th of April 2018, the European Court of
Difference in Belgian tax treatment of income from immovable property – contrary to EU law (free movement of capital)
On 12 April 2018, the Court of Justice of the European Union (CJEU), ruled that the difference in tax treatment of immovable income, depending on whether the property is located in Belgium or in another State, is not in line with EU law, as it constitutes a restriction on the free movement of capital. Based