Important changes to the regime of specialised real estate investment funds (FIIS/GVBF)
The status of specialised real estate investment fund is organised by the Act of 19 April 2014 on alternative undertakings for collective investment (“AIFs”) and their managers and by the Royal Decree of 9 November 2016 on the specialised real estate investment fund (“FIIS/GVBF”). On 25 April 2019, a law containing various financial provisions (the
First administrative comments on VAT on rent published!
The VAT administration published today the first commentary (Frequently Asked Questions) on the letting with VAT that came into force on 1 January 2019. For buildings that are under construction, already marketed and eligible for the optional VAT regime, it is essential to monitor the practical issues. The key points addressed in the FAQ’s are
Optional VAT rental – condition for VAT deduction
In a communication published on 9 January 2019, the administration laid down certain conditions concerning the deduction of VAT which could not be deducted before the entry into force of the law. In practical terms, this is the VAT due on the costs of architects, studies, demolition, stabilisation and construction incurred before the entry into
Difference in Belgian tax treatment of income from immovable property – contrary to EU law (free movement of capital)
On 12 April 2018, the Court of Justice of the European Union (CJEU), ruled that the difference in tax treatment of immovable income, depending on whether the property is located in Belgium or in another State, is not in line with EU law, as it constitutes a restriction on the free movement of capital. Based
Belgian tax reform: impact on the real estate industry
Yesterday, the Belgian government reached an agreement on several tax measures, including a corporate tax reform and the introduction of an option to apply VAT on immovable letting. Although these measures will be developed further in detail in the coming months, it is already certain they will have an important impact on the Belgian real
Amendment of AIFM Law in view of the implementation of a new real estate investment vehicle, the FIIS
On 20 July 2016, the Parliament voted on Program Act II modifying amongst others the Belgian Act of 19 April 2014 on alternative investment funds and their managers (AIFM Law). These modifications were necessary to enable the adoption of a new royal decree implementing a new regime for real estate investment funds referred to as “Fonds
New Belgian Real Estate Investment Fund (FIIS): draft legislation introduced in Parliament
The draft Program Act of 28 June 2016 contains several tax rules applicable to the existing Belgian Regulated Real Estate Company (RREC*) and the new Belgian Real Estate Investment Fund (FIIS**) and creates the legal basis for the Belgian government to issue decrees implementing the FIIS regime. Final legislation is expected to be published during
Anti-Tax Avoidance Directive: impacts on the real estate industry
EU countries reach political agreement on Anti-Tax Avoidance Directive: impacts on the real estate industry The EU-28 Finance Ministers reached political agreement on 21 June 2016 on the Council Directive laying down rules against tax avoidance practices that directly affect the functioning of the internal market (also known as ATAD). Ministers decided not to include
