EU Council approves new anti-abuse clause for Parent Subsidiary Directive

On 9 December 2014, the European Council approved a second amendment to the Parent-Subsidiary Directive (recast) (2011) with the aim of preventing tax avoidance and aggressive tax planning by corporate groups. The first amendment adopted in July 2014 were aimed at hybrid loan arrangements, these are financial instruments that have characteristics of debt in one country and equity. Corporate groups can use such hybrid loan arrangements to benefit from double non-taxation …

UK 2014 Autumn Statement

On 3 December 2014, the Chancellor delivered his 2014 Autumn Statement. There are some unpleasant surprises for non residents who will have to pay Capital Gains Tax on residential property. Capital Gains Tax for Non-Residents Owning UK Residential Property Non-residents who own residential property in the UK will be liable to Capital Gains Tax. The charge will apply to disposals of UK residential property;  that …

Corporate Directors must charge VAT

Update : this obligation to charge VAT has been postponed until 1 January 2016. Individuals who have been appointed as a director or a managing director of a company are not liable to VAT. They are not obliged to register for VAT and they do not charge VAT on their director’s fees. This exemption does not extend to companies or other bodies corporate that are appointed …

47 Countries adopt the Automatic Exchange of Information as of 2017

G20 countries endorsed the new OECD/G20 standard on automatic exchange of tax information at the Global Forum on Transparency and Exchange of Information for Tax Purposes in Berlin. During a global signing session of a Multilateral Competent Authority Agreement that will activate automatic exchange of information, 51 jurisdictionsput their commitments into action.  The Agreement is based on the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. The new Standard for Automatic …

EU Council extends scope of Automatic Exchange of Information

On 9 December 2014, the European Council adopted a directive that extends the scope for the automatic exchange of information. The directive revises the Mutual Assistance Directive (Council Directive 2011/1/EU on administrative cooperation in the field of taxation) to include interest, dividends, gross proceeds from the sale of financial assets and other income, as well as account balances, within the scope of the automatic exchange of information. The dual aim …

Rest in Peace: the Book

If you are living in Belgium because you are working here, you may have discovered that things are different from what you are used to at home. Things can also get a little bit more complex in other circumstances, for example, if you are about to inherit from your parents, if you have a holiday home in Italy and France, and bank accounts to pay …

New Penalty System for Tax Offenses

On 22 October, the Belgian State Gazette published the Act of 20 September 2012 introducing the “una via” principle in tax matters and increasing criminal penalties in tax matters. In 2009, the federal parliament decided to investigate why tax evasion cases worth billions of euros in taxes petered out after protracted court proceedings. The parliamentary commission ‘in charge of investigating major tax evasion cases’ came …

More Guidance on Belgium’s General Antiabuse Rule

The Belgian program law of March 29, 2012 has replaced the general anti avoidance rule by an anti abuse rule. The GAAR was introduced in the income tax, registration tax, and inheritance tax codes in 1993 but had proven ineffective. The new rule must combat abuses of tax avoidance schemes, but even after Finance Minister Steven Vanackere published a first practice note, there was a …

Pension Regime, Thin Capitalisation Rule Amended

The Belgian State Gazette on June 28 published a June 22 program law containing various direct and indirect tax measures. The bill amends Belgium’s new thin capitalisation rule and the tax regime for pension contributions and pension income (read the full article).

Can Belgium Negotiate New Income Tax Treaties?

Because of its position on bank secrecy rules, Belgium found itself on the OECD gray list of tax havens in 2009. Finance Minister Didier Reynders announced that Belgium would raise the level of information exchange and that his department would start negotiations with its foreign counterparts. At the same time, he announced that Belgium would opt for exchange of information under the EU savings directive. …