Carried interest structured via stock option plan – no taxation as professional income at exercise of the option as per Belgian Court
A Belgian Court annulled the tax assessment levied by the Belgian tax authorities regarding carried interest income structured via the means of an option plan. The Belgian tax authorities claimed the setup was fraudulent and simulated and therefore the income gained at exercise of the options should be taxable as employment income. On 27 February
Possible important amendments to the stock option legislation and the introduction of a specific tax regime for free shares
A government proposal regarding new legislation with respect to stock options and stock plans was announced in the Belgian press last week. Below you can find a short overview of the proposed changes with some initial high-level reflections. It is however important to note that no texts are currently available and that it is currently
COVID-19 #15 Management Participation Schemes under water
The fact that Governments are gradually defining their exit strategy, does unfortunately not imply that managers are already seeing the exit horizon they were hoping for when they invested in the group. As we may have left the path of a buoyant M&A market, a lot of managers may be in dire straits as their
Benefits granted by foreign companies: Reporting and withholding tax obligation – Amended timetable
In our headline of headline of 22 January 2019 we informed you about the fact that the parliamentary finance commission has approved the draft law introducing a reporting and wage withholding tax obligation in the hands of Belgian employer/companies, in case affiliated foreign companies grant taxable benefits to employees or company directors working for a Belgian company. Once
Benefits granted by foreign companies: Reporting and withholding tax obligation – Update
Based on the current Belgian income tax legislation, there is no obligation to withhold, deduct and pay wage withholding taxes when benefits are granted by foreign (parent) companies to employees and/or company directors of Belgian (subsidiary) companies, provided the Belgian company does not intervene in the attribution of the benefits and provided no costs are re-charged
New NSSO position on benefits granted directly by parent company
In their newly published Administrative Instructions for the 3th quarter of 2018, the Belgian National Social Security Office (NSSO) included their adjusted position regarding whether or not a benefit attributed by a foreign parent company directly to the employees of a Belgian subsidiary is subject to Belgian social security contributions. This adjusted NSSO position applies
Tax Ruling Service specifies “disproportional grant” of warrants or OTCs in two particular cases
In the past, the Tax Ruling Service has taken several decisions whereby it was not excluded that the grant of warrants/options on Beveks/Sicavs or the grant of quoted options could be considered as an improper use if such grant would be considered ‘disproportionate’ in comparison with the conventional attributed remuneration. The Tax Ruling Service never
Stock options and management companies
On 13 April 2017, a practice note has been published by the Belgian tax authorities with respect to stock options granted to a director/permanent representative of a management company. Unquoted stock options attributed to natural persons and accepted in writing within 60 days following the grant are taxable in Belgium in the hands of the
