Modification to ELTIF Regulation: Trilogues are ready to start
On 25 May 2022, the Council reviewed and validated the Commission’s proposal amending Regulation (EU) 2015/760 on European long-term investment funds (ELTIF), following which the Economic and Monetary Committee of the EU parliament adopted its own position on the proposal on 20 June 2022. See our previous Newsflash for more information and background. Priorities In
New EU Directive and Regulation facilitating cross-border distribution of investment funds
On 20 June 2019, the European Parliament and the Council introduced a more harmonised framework on cross-border distribution of funds. The aim of the new Directive 2019/1160 and the Regulation 2019/1156 is to reduce regulatory roadblocks or barriers that hinder cross-border distribution of funds within the EU and to enhance fund managers’ ability to fully
Belgian Tax on Savings Income (art. 19bis BITC): important clarification from the Minister of Finance for certain AIFs
In answer to a recent parliamentary question, the Minister of Finance has shared his view on the extension of the scope of the Belgian Tax on Savings Income (art. 19bis BITC) to certain AIFs. According to him, if they were acquired before 1st January 2018, units of funds which hold investments that are not sufficiently
Royal Decree of 8 May 2018: Private Pricafs get a boost
Private Pricafs (Pricafs Privées / Private Privaks) are investment vehicles aimed at encouraging investments in risk capital and private equity. Due to certain regulatory features, the creation of Private Pricafs did not really take off since their appearance. To correct this situation, a Royal Decree including several adjustments on the regulatory side but also a
Belgian TIS: New Practice Note on the deduction of costs
On 9 May 2018, the Belgian tax administration has issued a Practice Note providing guidance on the deduction of costs in the framework of the computation of the Belgian Taxable Income per Share, also known as “Belgian TIS” or “BTIS”. For recall, the BTIS allows an accurate taxation of Belgian private investors of certain capitalizing
Update on the Belgian Stock Exchange Tax (TOB/beurstaks)
Recently, several modifications of the Belgian Stock Exchange Tax regime (TOB/beurstaks) have been enacted. For recall, this tax generally applies to secondary market transactions (with the exception of redemptions of own units by certain investment funds) concerning certain financial instruments entered into by Belgian investors, be it through a Belgian or a foreign financial intermediary.
Belgian-regulated investment funds: tax-on-tax
On 20 October 2016, the Belgian Constitutional Court rendered a decision confirming the non-discriminatory character of the requirement for Belgian-regulated investment funds (such as SICAV/SICAF and the new FIIS), Regulated Real Estate Companies (RRECs) and Pension Funds organised as OFPs to report corporate income tax expenses/provisions as disallowed expenses in their corporate income tax returns, resulting
Belgian Net Asset Tax compatible with EU law
The Court of Justice of the European Union (CJEU) ruled on 26 May 2016 that the Belgian Net Asset Tax (NAT) as applicable to foreign investment funds, is compatible with EU law. The CJEU’s decision in Case 48/15 (SPF Finances v. ING International SA) is rendered in the framework of a request for a preliminary
