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
Amendments to the Parent-Subsidiary Directive implemented under Belgian tax law
On 1 December 2016, a Bill was published in the official Belgian Gazette implementing into Belgian tax law two amendments to the Parent-Subsidiary Directive. The first amendment to the Parent-Subsidiary Directive aims at tackling situations which would result in ‘double non-taxation’ by introducing a rule against hybrid instruments. Under this new rule, dividends received by
Commonly named “catch-all” clause – Amendments enacted
The commonly named “catch-all” clause (article 228, §3 BITC) has been recently amended. One of the main points requiring special attention is the addition of a new condition of application, namely the requirement of any direct or indirect link of interdependence. Below, we provide some background as regards the previous version of the “catch-all” clause
Company cars, internal capital gains, withholding tax, … What are the new tax measures for the year end?
Last October, the Federal Government reached an agreement on the budget and, in this framework, on several tax measures. The most important ones relate to the taxation of company cars and the end of the tax-free step-up in the case of a contribution in capital of shares by an individual (commonly referred to as “internal
Former prohibition of exemption of withholding tax on dividends distributed by Belgian Regulated Real Estate Companies annulled by Constitutional Court
On 11 May 2016, the Belgian Constitutional Court annulled the former prohibition of exemption of withholding tax on dividends distributed by Belgian Regulated Real Estate Companies (RRECs) on the ground that it was discriminatory compared to dividends paid by Belgian Real Estate Investment Funds (REIFs). The Act of 12 May 2014, applicable as from 16
Belgian Tax on Savings Income: Scope Enlarged
Last week, the Belgian tax authorities published a practice note enlarging the scope of application of the Belgian Tax on Savings Income (or “Reynders Tax”) so as to include new categories of funds. Capital Gains Tax. As is already known, the Belgian Tax on Savings Income (“BTS”), also referred to as the Reynders Tax, (the main provision of
Wage withholding tax scales as applicable for income year 2015
The Royal Decree of 10 December 2014 containing the wage withholding tax scales for income year 2015 was published in the Belgian Official Gazette of 16 December 2014. These updated withholding tax scales are applicable to income that is paid or attributed to resident and non-resident taxpayers of Belgium as from 1 January 2015. In
