One step further in the digitisation of the administrative procedures of the Tax Authorities
Withholding tax returns (notably the tax returns 273 & 273 A) currently have to be submitted through the e-service “Prm-on-web” but this will soon be a thing of the past. Indeed, although WHT returns will still have to be submitted on “Prm-on-web” until Monday 19 October, 2020 (9 a.m.), from that date onwards, a new
COVID-19 #5 Cash repatriation
Although various listed groups have already announced to refrain from distributing dividends to their shareholders, centralising cash within the group is likely marked as a high priority item on every corporate agenda. Multinational groups may currently be revisiting their cash repatriation policy / advancing dividend distributions to get ahead trapped cash issues – e.g. arising
New ‘60-day rule’ for pension funds: the practice note was published
Quick recap Since 1 January 2017, a specific anti-abuse prevents to benefit from a WHT exemption when the Belgian tax administration proves that the dividends concerned are linked to a (set of) legal act(s) that are not genuine and aimed, even incidentally, at benefiting from the WHT exemption concerned. Since 22nd January 2019, the fact
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
Withholding tax liability on income attributed to taxpayers subject to the legal entity income tax: recent developments
Who is liable to levy the withholding tax (“WHT”) on income attributed to taxpayers subject to the legal entity income tax? This question has been addressed by the Supreme Court in several (and opposite) decisions. On its side, the Belgian tax administration has consistently adjusted its stance on this matter in various Practice Notes, the
Refund requests of Belgian WHT filed by non-residents: administrative guidance published
The Belgian tax administration has just published on its website a guidance (FR/NL) related to refund requests of Belgian WHT on dividends, interest and royalties filed by non-resident taxpayers. In particular, the Belgian tax administration has made a distinction between refund requests of Belgian WHT based on Double Tax Treaties and those based on Belgian
Taxation of French-sourced dividends: foreign tax credit available according to the Belgian Supreme Court
On 16 June 2017, the Belgian Supreme Court has reversed the current case law related to the granting of a foreign tax credit in Belgium with respect to foreign-sourced dividends received by Belgian private investors. The case concerned French-sourced dividends which, today, are normally taxed at a rate of 15% in France before being taxed
