The tax authorities have released a new version of the form to claim back withholding tax paid by a Belgian company or bank. The form is called 276 Div.- Aut and it comes with an explanatory note. The main change is the statute of limitation as described in the explanatory note. Tax must be claimed within five years from 1 January of the year in which the tax was withheld. That …
French Social Charges and Non-Residents
The Court of Justice of European Union has ruled that it was illegal for France to charge social charges on the income and capital gains of non-residents from within the European Economic Area. In the French system of taxing income from assets and capital gains, the taxpayer does not only pay income tax, but also social security contributions (“prélèvements sociaux”) called “Contribution Sociale Généralisée” (CSG) …
Tax Authorities Audit Application of Tax Treaties
In recent months, the Belgian Tax Authorities have been sending letters to all taxpayers who claimed treaty relief in their tax returns. You may have received a letter from the tax authorities with two or three pages of strange questions, referring to double tax treaties and asking weird questions. Have you also wondered why they seem to be under the impression that you may be …
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 …