Sale and Lease Back of real property: nothing changes, but does a VAT payer really have to pay back the VAT?

Upon referral from the Court of Appeal of Mons, the Court of Justice of the European Union will hear a case regarding the Belgian VAT treatment of real property acquired through sale and leaseback transactions (C-201/18 – Mydibel S.A. v État belge). The VAT payer, a producer of potato products, had given a right of emphyteusis (a temporary right in rem between …

European Commission refers Belgian to European Court of Justice

On 18 June 2015 the European Commission announced that it is referring Belgium to the Court of Justice of the European Union because it taxes Belgian residents differently on property abroad and at home. If a Belgian resident earns income from property located abroad, that is taxed at a higher value than that from comparable property in Belgium. The Commission does not …

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 (“prĂ©lèvements sociaux”) …