Belgium updates list of tax havens

In two Royal Decrees dated 1 March 2016 (published in the Belgian State Gazettes of 10 and 11 March 2016), the Minister of Finance has updated the list of countries which are deemed to have an advantageous tax regime. The first list relates to the participation exemption, the basis for the Belgian holding company regime. One of the conditions for the participation …

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 …

New Developments For Belgium’s Dividends Received Deduction

The Antwerp Court of Appeal recently rejected a Belgian company’s claim that the participation exemption (the Belgian dividends received deduction) conflicts with the EU parent-subsidiary directive. Meanwhile, the Belgian government has introduced a bill in Parliament that would further ease restrictions of the participation exemption (read the full article).