Belgium–MNE Tax

Belgium

Changes in Belgian tools to fight tax evasion impact French financial institutions

April 20, 2022

Nathalie Valluis, French tax lawyer, discusses a January 31 Belgian anti-tax evasion measure that potentially requires financial institutions in France to pass on certain information to Belgium.

Belgium

ECJ AG’s opinion on issues relating to protection of legal privilege in the context of exchange of information obligations under DAC6

April 19, 2022

Luca Tortorella and Michele Targa, Gatti Pavesi Bianchi Ludovici, discuss the European Court of Justice Advocate General’s April 5 opinion in case C-694/20 that the provisions of DAC6 did not infringe on the right to a fair trial when the name of the intermediary claiming the privilege was not disclosed to tax authorities.

Belgium

The year 2022 brings new wave of transfer pricing audits to MNEs in Belgium

March 31, 2022

Aldo Engels, Loyens & Loeff, discusses the Belgian government’s recent decision to increase the effectiveness of transfer pricing audits of MNEs—followed by a new wave of transfer pricing audits initiated in the beginning of 2022—and provides an overview of recent trends in the Belgian transfer pricing audit practice.

Americas

What every taxpayer should learn from Coca-Cola: Song / CrossBorder Solutions→

March 3, 2022

Americas

Has the Indian tax administration removed the sheen from the ‘most favoured nation’ clause in its tax treaties?

February 22, 2022

Priyanshi Chokshi, Raghav Bajaj, and Vinita Krishnan, Khaitan & Co., analyze the ramifications of the Indian Central Board of Direct Taxes’ clarification of the applicability of the “most favoured nation” (MFN) clauses in Indian tax treaties through its February 3 circular.

Belgium

EU draft directive to tackle “shell entities”: ATAD III or the European Magnificent Seven-step approach

January 28, 2022

Geoffroy Galéa, Alain Thilmany, and Cassandre Guéry, Fieldfisher, discuss the European Commission’s 22 December 2021 publication of the ATAD III directive, which will increase the tax authorities’ attention to the international concept of substance; more than ever, it is crucial for multinational groups to . . .

Belgium

Belgian court rules on application of tax general anti-abuse provision

January 18, 2022

Moïse Gnakouri, Catholic University of Louvain, discusses the Belgian High Court’s two November 25 decisions in tax matters concerning the general anti-abuse provision contained in article 344 of the Belgian Income Tax Code, as applied to . . .

Africa

OECD updates and expands transfer pricing country profiles

December 13, 2021

The OECD today released updated transfer pricing country profiles for 21 countries, including three countries for which it has not previously published profiles: Albania, Kenya, and . . .

Belgium

Belgium and France sign new tax treaty

December 13, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses the new tax treaty Belgium and France signed on November 9, which complies with new international standards, and includes several changes, including the taxation of capital gains on the sale of shares of companies with assets consisting . . .

Belgium

Belgian tax authority clarifies new rule on deduction of foreign business losses

November 22, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses the Belgian tax authority’s November 3 circular that provides a detailed commentary on new provisions in the Belgian income tax code regarding the deductibility of foreign business losses, which entered into force on . . .

Americas

UK consults on introduction of corporate re-domiciliation regime

November 2, 2021

The UK government on October 27 opened a consultation on the possibility of introducing a “corporate re-domiciliation” regime to make it easier for companies to relocate to the UK while maintaining . . .

Belgium

Belgian court rules against retroactive application of transfer pricing guidelines

September 24, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses a June 8 decision from Belgium’s Court of Appeal of Ghent in a transfer pricing dispute between the Belgian tax authorities and a taxpayer in a case involving the application of a concept introduced in OECD transfer pricing guidelines in a tax year prior to . . .

Belgium

EU Court of Justice overrules lower court in Belgian tax exemption state aid case

September 16, 2021

Setting aside the General Court’s 2019 decision, the Court of Justice of the European Union on September 16 concluded that the European Commission sufficiently demonstrated that Belgian “excess profits” tax exemptions granted to multinational companies constituted . . .

Americas

ICAP multilateral tax risk assurance program applications due September 30

September 2, 2021

Multinational entities interested in participating in the first full round of the OECD Forum on Tax Administration (FTA) International Compliance Assurance Programme (ICAP) have until September 30 to submit the . . .

Accounting

US congressman seeks to delay change in R&D expensing rules

August 31, 2021

In an August 26 letter, Congressman John Larson (D-Conn.) urged House Ways and Means Chairman Richard Neal (D-Mass.) to include in the “chairman’s mark” of the budget reconciliation bill a four-year delay in the upcoming requirement for companies to amortize research and development (R&D) expenditures . . .

Belgium

Belgium proposes tax bill on foreign loss deductions

July 12, 2021

Moïse Gnakouri, Catholic University of Louvain, discusses the Belgian government’s May 27 draft bill that would change the income tax code regarding the conditions for deducting losses realized by . . .

Belgium

EU Tax Observatory’s first report predicts amounts to be collected under a minimum tax

June 2, 2021

The European Commission on June 1 announced the launch of the European Tax Observatory, an independent, EU-financed research laboratory to study and advise . . .

Belgium

ECJ to rule on whether DAC 6 tax reporting obligation infringes rights

April 21, 2021

A Belgian court has requested a preliminary ruling from the European Court of Justice with respect to whether certain fundamental EU rights are infringed by a provision of DAC 6, which requires mandatory automatic exchange of information in the field of taxation in

Asia-Pacific

Australia and Belgium enter into a memorandum of understanding on procedure for arbitration of tax disputes: Australian Taxation Office→

March 18, 2021

Americas

Report estimates effective tax rates on investment in the EU member states, North Macedonia, Turkey, UK, Norway, Switzerland, Canada, Japan, and US: EU Commission→

February 19, 2021

Africa

OECD publishes details on 40 countries’ uptake of transfer pricing rules for hard-to-value intangibles

December 16, 2020

The OECD today published 40 responses to a questionnaire that asked officials whether their country has adopted transfer pricing rules for . . .

Americas

Taxing multinational group excess profit in the US, UK, and Belgium

December 15, 2020

Dr. J. Harold McClure, New York, notes the EU Advocate General’s recent opinion concerning Belgium’s excess profits tax and discusses approaches to the taxation of these profits in the US, UK, and Belgium . . .

Belgium

CJEU should reverse Belgian excess profits tax decision, Advocate General says

December 4, 2020

The Advocate General of the Court of Justice of the Europe Union (CJEU), in a December 3 opinion, advised the CJEU to overturn . . .

Belgium

The new Belgian government’s agreement: a symphony with tax notes

October 7, 2020

Geoffroy Galéa, Of Counsel and Head of the Tax Practice at Fieldfisher, Brussels, discusses a policy paper, agreed to September 30 by Belgium’s new government, the so-called “Vivaldi coalition,” which includes the coalition’s position on international tax matters . . .

Americas

OECD publishes report on tax policy reforms enacted both before and after COVID-19 in 37 OECD member countries plus Argentina, China, Indonesia, South Africa: OECD→

September 4, 2020

Belgium

Belgium parliament digital tax hearing considers effect of reforms on patent box, features negotiation update by Pascal Saint Amans: Johan Bernardo Langerock / Twitter→

June 30, 2020

Belgium

Belgium to introduce tax loss carryback, recovery reserve in response to pandemic

June 9, 2020

Geoffroy Galéa, Of Counsel, Head of the Tax Practice, Fieldfisher Brussels, discusses June 5 Belgian government tax proposals aimed at bolstering the liquidity and restoring the solvency of Belgian businesses in the current COVID-19 context . . .

Asia-Pacific

Synthesized text of Belgium-Australia tax treaty as modified by MLI published: Australian Taxation Office→

March 4, 2020

Belgium

Belgium gazettes law clarifying earnings stripping rules: KPMG→

January 6, 2020

Austria

Germany, France, Italy, seven others, supporting plan for EU tax on stock trades of a minimum of .2% of transaction value: Patricia Kowsmann / Wall Street Journal→

December 11, 2019

Belgium

Latest EU effort to make country-by-country reporting public fails

December 3, 2019

Davide Anghileri of the University of Lausanne, Switzerland discusses a recent EU Council vote on a proposal to make public country-by-country reports on large multinationals . . .

EU finance ministers urge adoption of aviation tax

November 11, 2019

Finance ministers from 9 European nations on November 7 called on the European Commission to advance a proposal for . . .

Belgium

Belgian Council of Ministers approves law on reporting of cross-border tax schemes and exchange of information with EU states: Belgium government→

October 17, 2019

Americas

France joins ICAP pilot to jointly assess MNE tax positions

September 18, 2019

France has joined the International Compliance Assurance . . .

Belgium

EU Commission to investigate 39 Belgium “excess profit” tax rulings for potential State aid violations

September 16, 2019

The European Commission today announced that it has opened 39 in-depth investigations to assess whether Belgian . . .

Americas

OECD releases “stage 2” reports on tax dispute resolution in US, UK, Belgium, Switzerland, Canada, Netherlands

August 14, 2019

The OECD on August 13 published six “stage 2” peer review reports assessing whether the United States, United Kingdom, . . .

Asia-Pacific

BEPS multilateral tax treaty to enter into force for Ukraine

August 8, 2019

Ukraine today deposited with the OECD legal documents ratifying . . .

Belgium

Belgium deposits MLI ratification instrument with OECD

June 27, 2019

Belgium has deposited with the OECD its instrument ratifying . . .

Belgium

Belgium transfer pricing reporting burdens reduced through legislation

June 2, 2019

Geoffroy Galéa of Laga (Deloitte Legal) and Laura Deroy and Florence Siccard of Deloitte, Belgium, discuss new legislation introduced in Belgium on May 15 that decreases in the compliance burden related to the transfer pricing reporting obligations of multinational groups . . .

Emma Hinson Sims on The Pillar One blueprint — the potential future of international taxation and transfer pricing: “HAPPY BIRTHDAY TO A VERY SMART, BEAUTIFUL, YOUNG LADY ON JANUARY 13TH.” January 6 ,2024

David Valdez on US Tax Court resolves Whirlpool tax dispute involving Mexican maquiladora structure: “Greetings Whirlpool Mexico, I’m trying to contact someone involved with the decision making for transportation from all of your Mexican…” October 20 ,2023

Jose Dominguez on The new US international tax rules: what you need to know about GILTI, FDII, BEAT etc.: “Very informative article. Question. Do you have a software to compute these US International Calcs to make them in house?” April 12 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms Susi, This article is immensely clarifying. I’d like to know whether Danish Supreme Court has already granted its…” March 24 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms. Susi, This article is very clarifying. I wonder whether Danish Supreme Court has already granted its decision referred…” March 24 ,2023

May 19 – 20	Tax Council Policy Institute Conference	Washington, D.C.
May 19 – 20	IFA Second European Region Conference	Milan, Italy
May 24	IFA Webinar Series Pillar Two: An Update	Virtual Event
Sept. 4 – 8	IFA Congress	Berlin