News

2024/08/09: Peut-on se faire redresser par le fisc alors que l’on n’est pas partie à toutes les étapes d’une opération abusive ?
La Cour de cassation est récemment venue préciser qu’un contribuable peut subir un redressement sur le fondement de la mesure générale anti-abus ...
2024/08/05: The prospect of higher taxes on the wealthy in the UK and France has led many HNWI to consider moving abroad.
In the UK, Prime Minister Keir Starmer’s Labour government is planning to abolish the non-dom regime. In France, the left-wing alliance (Nouveau Fro ...
2024/07/17: 'Belgium anticipates a new influx of French tax exiles'.
Le Monde has published an interesting article on the potential influx of "tax exiles' (exilés fiscaux) in Belgium, following the (relative) victory o ...
2024/07/02: Transfer of seat- Withholding tax - Parliamentary question
In a recent parliamentary question dated 18 December 2023, the deputy Marco Van Hees asked the minister of Finance what his stance is on the tax aspec ...
2023/09/19: 'INTEREST PAYMENTS BY A BELGIAN COMPANY TO A LOW-TAXED SWISS GROUP ENTITY : NO WITHHOLDING TAX EXEMPTION.'
The Court of first instance of Brussels ruled on 21 April 2023 that interest payments made by a Belgian company to a low-taxed Swiss company could not ...
2023/06/01: Minimum tax of 15% on MNE – Belgian IP Box
The draft legal texts transposing the 15% minimum tax into Belgian law are ready (implementation of the EU Directive 2022/2523 of 14 December 2022). ...
2023/05/26 : Outbound transfer of seat : taxable dividend?
For the first time, a Belgian court has ruled on the question whether an outbound transfer of seat of a Belgian company could trigger a dividend (with ...
2023/03/15: The substance of foreign holding companies : a paradigm shift
A lot of Belgian residents (HNWI, Belgian group of companies,...) use a Luxembourg holding (the so-called SOPARFI) as part of their tax planning. I ...
2023/03/09: The modification of the Belgian ruling procedure : quo vadis?
The draft legal texts of the Belgian tax reform contain a set of provisions aiming at amending the tax ruling procedure. Two key takeaways: - th ...
2023/01/01: Investment by a Luxembourg SOPARFI in tax exempt investment funds
In a decision dated 31 March 2022, the Luxembourg Administrative Court of Appeal denied the application of the Luxembourg participation exemption regi ...
2022/12/31: Luxembourg : requalification of an interest free loan into a deemed contribution
In the last issue of Agefi, I comment a recent judgment dated 23 September 2022 in which the Luxembourg administrative tribunal requalified an interes ...
2022/10/11: General anti abuse rule : must the taxpayer implement himself all the steps of an arrangement?
In a recent ruling, the application of the Belgian anti-abuse provision laid down in article 344(1) of the Belgian Income Tax Code (BITC) was rejected ...

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