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
New Royal Decree published on legal constructions outside EEA falling in the scope of the Cayman Tax
Cayman Tax The so-called ‘Cayman Tax’, introduced as from 1 January 2015, is a taxation regime in the Belgian income tax code that introduces a tax transparency of certain legal constructions that have been set up by Belgian private individual tax residents. The income of certain qualifying entities will be taxed directly in the hands
New Royal Decree published on legal constructions in EEA falling in the scope of the Cayman Tax
Cayman Tax The so-called ‘Cayman Tax’, introduced as from 1 January 2015, is a taxation regime in the Belgian income tax code that introduces a tax transparency of certain legal constructions that have been set up by Belgian private individual tax residents. The income of certain qualifying entities will be taxed directly in the hands
Cayman tax enacted – List of legal entities published
With the Program Law of 10 August 2015, the so-called “Cayman tax” has been implemented. Under this regime, certain legal constructions are treated as transparent for Belgian tax purposes, implying that income generated by them is taxable or their founders or beneficiaries. The Cayman tax is in principle applicable to income that is obtained, attributed or paid
Cayman Tax: tax transparency for ‘legal constructions’
Currently, a bill of law is discussed at the level of the Belgian federal government concerning the so-called Cayman Tax. In principle, the new rule would be applicable as from assessment year 2016 (i.e. income collected during calendar year 2015). The Cayman Tax is a tax on certain income that is derived, through legal constructions,
Reporting requirement legal constructions – Royal Decree published
On 2 April 2014, a Royal Decree was published, listing up the legal constructions which are in scope of the recently introduced reporting requirement. The Act of Miscellaneous provisions of 30 July 2013 introduced a reporting obligation for legal constructions (trusts, foundations, partnerships, certain low-taxed entities, etc.) set-up by private persons. According to the Act,
New budget measures: Bill of 8 July 2013
Tax treatment of Belgian regulated investment companies The tax regime of Belgian regulated investment companies would be amended: The withholding tax levied on Belgian source dividends paid to Belgian regulated investment companies would, as a rule, constitute the final tax in their hands (no credit/refund would be possible anymore). However, by dispensation to this general
