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 Fairness Tax: Status Quaestionis (update)
As a recall, by request sent to the Constitutional Court, a Belgian taxpayer company has filed in January 2014 an action for annulment of the so-called Belgian ‘Fairness Tax’. This action comprises four different causes of action each of them including different headings or arguments: European law: freedom of establishment and Parent-Subsidiary Directive; Constitutional law:
Belgian Fairness Tax: Status Quaestionis
Introduction. By request sent to the Constitutional Court, a Belgian taxpayer company has filed in January 2014 an action for annulment of the so-called Belgian ‘Fairness Tax’. This action comprises four different causes of action each of them including different headings or arguments: European law: freedom of establishment and Parent-Subsidiary Directive ; Constitutional law: lawfulness principle ; Constitutional law:
Fairness tax – Reference for a preliminary ruling to ECJ
The Belgian Constitutional Court (‘BCC’) has referred to the European Court of Justice (‘ECJ’) for a preliminary ruling in respect of the fairness tax. The fairness tax was introduced by the Act of 30 July 2013 and is applicable as of assessment year 2014 (financial years ending 31 December 2013 up to and including 30
BASC published final advice 2014/8 on the Belgian GAAP treatment of the Fairness Tax
Following the draft advice published on 2 April 2014, the Belgian Accounting Standards Commission (BASC) issued advice 2014/8 on the Belgian GAAP treatment of the Fairness Tax. This advice confirms what was stated in the draft version of the advice. In brief, the final version of the advice confirms that the Fairness Tax should follow
BASC issues draft advice on the Belgian GAAP treatment of the Fairness Tax
The Belgian Accounting Standards Commission (BASC) was asked to provide guidance with respect to the accounting treatment of the Fairness Tax. The Fairness Tax is a separate tax of 5.15% (5% increased by 3% crisis surtax). This separate tax applies to a Belgian company (non SME) if: (i) the company has distributed dividends with respect
New budget measures following agreement of 30 June 2013
On 30 June 2013, the Belgian government has reached an agreement on the budget 2013-2014. The most important new tax measures that are announced in this respect are as follows: “Fairness tax” A “fairness tax” will be introduced for companies not paying any income taxes (due to tax deductions) while they distribute dividends. The rate would be
