Ruling of the Constitutional Court regarding the Cayman Tax applicable to legal constructions without legal personality
On the 28th of January, the Belgian Constitutional Court ruled in favour of an annulment of a modification of article 18, 3° BITC by the Program Law of 25 December 2017 which, in the context of the Cayman Tax, had aligned the tax regime of distributions made by the legal constructions without legal personality (“type
Constitutional Court of Belgium annuls specific regime for income from the collaborative economy
The Belgian tax regime governing the collaborative economy was introduced by the Programme Law of 1 July 2016 and was (from a practical perspective) only applicable as of income year 2017. During its lifetime, this specific regime has been subject to various changes. Following the most recent changes (Recovery Law of 18 July 2018, as
Constitutional Court Annuls the Tax on Securities Accounts
By law of 7 February 2018, the legislator introduced a tax on securities accounts (“taks op de effectenrekeningen”/“taxe sur les comptes-titres”). Many petitions to annul this law have been introduced before the Constitutional Court. In its judgement dd. 17 October 2019, the Constitutional Court annulled the law (and thus the tax), but decided to maintain
Constitutional Court rules on application of conventional notice periods concluded before 1 January 2014
In a recent judgement, the Constitutional Court ruled that – when calculating the notice period for higher earning white collar workers who entered into service before 1 January 2014 – validly concluded agreements on the notice period that existed on 31 December 2013 should be taken into account when executing part 1 of the 2-step
Annulment of the Fairness Tax by the Constitutional Court – Practice Note issued
For recall, on 1 March 2018, the Constitutional Court annulled the Fairness Tax but decided to maintain its effects for the assessment years 2014 to 2018, except in case of redistributions of dividends (see our newsflash in this respect). On 3 September 2018, the Belgian tax administration released a Practice Note commenting the content and
Belgian Tax on Securities Accounts: a Practice Note provides further guidance
The Belgian tax administration has issued on 25 May 2018 a (welcomed) Practice Note providing further guidance regarding the Belgian Tax on Securities Accounts (BTSA). For recall, the BTSA applies to (foreign) individuals holding one or several (Belgian) securities accounts which totalized (on average) more than 500.000 euros during the reference period. In such a
