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
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
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
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.
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
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