Constitutional Court gives foreign (inheritance) tax credit

Banco de Espana

In a decision of 3 June 2021, the Constitutional Court ordered a major change of the Belgian inheritance tax code, or rather the three regional inheritance tax codes. The Court ruled that the inheritance tax legislation in all three regions, is discriminatory, where it grants a credit for overseas inheritance tax on foreign real property, but not for overseas inheritance tax levied on movable assets …

How do you tax overseas real property …

… without infringing European law? After the European Court of Justice ordered Belgium to change its rules on the taxation of overseas properties and to pay a penalty of €2 million and a daily payment of €7,500 (for prior coverage see here). Finance Minister Vincent Van Peteghem rolled out an ambitious plan to set up a register of all properties held by Belgian residents all …

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Confused UK retirees …

The Belgian tax authorities are emphasising that it has nothing to do with Brexit, but this year, they have suddenly decided to tax Belgian state pensions paid to British retirees living in the UK. The problem is the double tax treaty between Belgium and the United Kingdom and the transitional rule for older retirees. What is it all about? If you live in one country …

Tax Filing in Corona Times

2021 Tax Return: the Guide In these Covid-19 times, many of us are still trying to work from home. The government is trying to make life a bit easier with some tax measures (see “Taxes in Corona Times”). Even in confinement, the taxman wants your tax return by 30 June; if you file online, you have another two weeks, until 15 July. It is time to …

Flanders ends Dual Bequest Route

Yesterday the Flemish parliament introduced a tax break for “bequests to friends” and for bequests to charities. These are just the sweeteners to close the dual bequest route. The route is closed to people living in Flanders, people living in Brussels or Wallonia can still use the dual bequest. Dual bequests A dual bequest allows the testator to engage in philanthropy while reducing the inheritance …

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EU Officials after Brexit

It is official now. The UK is not part of the EU anymore. Many people struggle with the new rules that govern how the UK and EU will live, work and trade together. Brexit will also affect many Brits living and working in Belguim, including EU officials, British EU officials living and working in the EU, (non-British) EU officials living and working in the UK, …

France Upholds Broad Interpretation of Permanent Establishment

In a recent landmark decision, the French Supreme Administrative Court has ruled that a French company can qualify as a dependent agent, and as such be the permanent establishment of an Irish affiliated company, if it habitually exercises the authority to conclude contracts in the name of that company, even though formal consent to these contracts can only be given by the Irish affiliate. (Conseil …

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Have Stocks, Must Pay Taxes

If you invest on the stock market, and buy Apple, AB Inbev or Microsoft shares, you must not forget the taxman.
When you buy shares, you pay tax. When you receive dividends or when you sell shares, you pay tax. You pay tax just for holding stocks.

The US ends corporate anonymity

Shell companies that conceal the identity of a company’s true owners facilitate crime and corruption. Most countries have put an end to such anonymity. The U.S.A. has finally followed suit by adopting the Corporate Transparency Act that obliges the true beneficiaries to disclose their identity.