Tax Treaty concluded between Belgium and Luxembourg – The 24-day limit officially becomes the 34-day limit
In line with the OECD Model Convention, the treaty for the avoidance of double taxation concluded between Belgium and Luxembourg applies the ‘Work State’ principle. This means that a resident of a country working in another country is taxable in the country where the activity is performed. The Work State principle implies that a Belgian
Update COVID-19 and cross-border employment: Agreements with the neighboring countries: extended until 31 December 2021
In our previous newsflashes of 17 June 2021, 23 June 2021 and 24 June 2021 we referred to the extension of the mutual agreements between Belgium and The Netherlands / France / Germany / Luxembourg, which includes a “force majeure tolerance” for cross-border workers in relation to government imposed COVID-19 (travel) restrictions. Despite the fact
Update COVID-19 and cross-border employment: Agreements with France and Luxembourg extended
In our newsflash of 12 March 2021 and our newsflash of 2 April 2021 we referred to the extension of the mutual agreements between Belgium and Luxembourg / France, which includes a “force majeure tolerance” for cross-border workers in relation to government imposed COVID-19 (travel) restrictions. With large parts of the population vaccinated, the end
Update COVID-19 and cross-border employment: agreements with Luxembourg and the Netherlands extended
We refer to our previous newsflashes regarding the specific agreements that Belgium has concluded with almost all of its neighboring countries (Germany, the Netherlands, France and Luxembourg). These agreements implement a mutual “force majeure tolerance” for cross border employees in relation to COVID-19 (travel) restrictions. A fiction is created in relation to the employment income
Gentlemen’s agreement Belgium-Luxembourg: a new chapter for cross-border workers
On 16 May 2019 the Luxembourg Prime Minister Xavier Bettel and the Belgian Prime Minister Charles Michel have agreed to reopen negotiations regarding the double tax treaty concluded between Belgium and Luxembourg, with respect to the taxation of individuals working in a cross-border context. Belgian-Luxembourg double tax treaty In principle, employees who are tax resident
European Commission opens State aid investigation into Luxembourg’s tax treatment of Huhtamäki
On 7 March 2019, the European Commission (EC) announced the opening of an in-depth State aid investigation in a number of tax rulings granted by Luxembourg to Huhtamäki. This decision is another important decision in a range of decisions dealing with the taxation of intra-group financing activities. A brief explanation of the decision can be found
Belgian Net Asset Tax and Withholding Tax: opportunities to reclaim for Luxembourg SICAV
In a decision dated 29 November 2018, the Court of Appeal of Brussels concluded that the Double Tax Treaty concluded between Belgium and Luxembourg (hereinafter the ‘DTT’) prevents the application of the Belgian Net Asset Tax (hereinafter the ‘NAT’) to a Luxembourg SICAV. As it confirms that a Luxembourg SICAV falls within the personal scope
Decision of the European Court of Justice: taxation of foreign employment income
In 2017, the Belgian Court of First Instance of Liege referred a question to the Court of Justice of the European Union (CJEU) for obtaining a preliminary ruling. It concerned the situation of a tax resident of Belgium, employed in a company established in Luxembourg. His position as a financial consultant resulted in the fact
