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Tiberghien International Tax update: New withholding tax rules on UK sourced interest and royalty payments as from 1 June 2021
Friday, 07 May 2021
With the expiry of the Brexit transition period as of 1 January 2021, the United Kingdom is no longer bound by EU law, including the Interest and Royalties Directive (hereafter…
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An active UN adopts new UN model treaty provision regarding income from automated digital services
Tuesday, 04 May 2021
The UN has recently been very active in the area of taxation. On 20 April, the UN Committee of Experts on International Cooperation in Tax Matters agreed to adopting a…
News
Key Figures in Belgian Estate and Income Tax 2021
Wednesday, 28 April 2021
The continuing changes in Belgian Estate and Income tax, together with the growing discrepancies between the three Belgian regions, are generating a tangle of regulations that are sometimes hard to…
News
Are tax authorities allowed to exclude persons from forming a VAT group? The European Court of Justice enlightens us again
Friday, 23 April 2021
Decision of the Court On April 15, 2021, the European Court of Justice issued its ruling in the case C-868/19 “M-GmbH” on the scope of the VAT group provisions. In…
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Luxembourg clarifies financial assistance rules for private limited liability companies (SARL)
Wednesday, 21 April 2021
Draft bill N°7791, submitted to the Luxembourg Parliament (Chambre des Députés) on 16 March 2020, proposes to amend article 1500-7 of the law of 10 August 1915 on commercial companies,…
News
The Belgium / Luxembourg 24 day-rule: update
Tuesday, 20 April 2021
Belgian tax resident working in Luxembourg If a Belgian tax resident works in Luxembourg, the question arises where the Luxembourgish salary is taxable. This may be relevant considering the lower…
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The OECD’s Discussion draft on changing the Commentary on Article 9 (and others)
Friday, 16 April 2021
Article 9 of the OECD Model Tax Convention deals with the (distribution of) taxation (rights in respect) of transactions between associated enterprises. The OECD now proposes changes to the Commentary…
News
Can MLI arbitration finally kick off?
Tuesday, 13 April 2021
First competent authority agreement regarding MLI arbitration published The Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (‘MLI’) provides the possibility for a…
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E-commerce: Avoid VAT compliance obligations abroad and register now for the One Stop Shop (OSS)
Friday, 09 April 2021
From 1 July 2021, companies selling goods via web shops will have to deal with foreign VAT and the related obligations much sooner when selling goods to private individuals in…
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New EU tax transparency rules for digital platform operators officially adopted and published: DAC 7 enters into force in 2023
Friday, 09 April 2021
The European Union Member States agreed to a new measure to tackle the challenges they face when taxing the digital economy. One of the crucial elements for this to succeed…
News
Covid-19 Telework: how to mitigate the fiscal impact?
Thursday, 25 March 2021
Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards.
News
Real estate abroad - fulfil your legal obligations in time!
Wednesday, 10 March 2021
On 11 February 2021, a draft bill was approved by the Belgian parliament amending the tax treatment of real estate located abroad. With this bill, the Belgian legislator aims to…
News
VAT on making cars available to employees: a headache ahead for cross border employers?
Wednesday, 03 March 2021
On February 11, 2021, the Luxembourg VAT authorities issued a circular with respect to the treatment applicable to making cars available to employees. The Circular offers clarifications upon the judgment…
News
Further clarifications on the exemption introduced for bonuses granted to employees
Tuesday, 23 February 2021
The 2021 budget law dated 19 December 2020 (the “Law”) added a §13a to article 115 of the Luxembourg Income Tax Law (“LITL”). This measure introduces a new tax regime…
News
Constitutional Court questions the application of the cayman tax to trusts
Monday, 15 February 2021
Previously, in its judgment of 11 March 2020 (A.R. no. 2018/4033/A unpublished)1, the Brussels court of first instance approved an agreement between the Belgium-resident founder of a Canadian trust and…
News
Draft bill to deny the deduction of interest and royalty payments to blacklisted countries as of 1 March 2021 has been passed.
Thursday, 04 February 2021
The draft bill published on 30 March 2020 and introducing measures to deny the tax deduction of interest and royalty due to affiliated parties established in a blacklisted jurisdiction has…
News
FIDAL joins WTS Global in France
Thursday, 04 February 2021
Tiberghien is pleased to announce a new development within the WTS Global network: since January 2021, the leading French law firm, FIDAL, has joined WTS Global. (read press release) This…
News
Belgium anticipates DAC 7: New Belgian reporting obligations for digital platforms facilitating the provision of services
Tuesday, 02 February 2021
General Digital ‘collaboration’ platforms that connect suppliers of services to their customers are subject to new reporting obligations. These were introduced because many service providers (including Airbnb providers) allegedly do…
News
A Circular on interest limitation rules has been issued by the Luxembourg tax authorities
Wednesday, 20 January 2021
A new circular LIR 168bis/1 (the “Circular”), dated 8 January 2021, was published by the Luxembourg tax authorities on 8 January 2021. This Circular aims to clarify the interpretation and…
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HR tax & transfer pricing: an unexpected journey
Friday, 20 November 2020
Tiberghien and Tiberghien economics work together on HR tax and transfer pricing, which are two distinct fiscally- and economically-inspired disciplines that have more interaction than is often realised at first…
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