News
Luxembourg: upcoming changes regarding filing formalities with the Trade and Companies Register (RCSL)
As of 12 November 2024, the Luxembourg Business Registers (the “LBR”) will implement a few changes to the filing formalities with the Luxembourg Trade and Companies Register (Registre de Commerce…
News
Pillar 2 prepayment system
The Belgian tax authorities (FPS Finance) announced that from 2 September 2024 multinational enterprises (MNE) and large domestic groups subject to the minimum tax for MNE groups and large domestic…
News
First Luxembourg Case Law on the Specific Anti-Abuse Rule of Parent-Subsidiary Directive
On 31 July 2024, the Luxembourg Administrative Court applied the specific anti-abuse rule of the Parent-Subsidiary Directive as transposed into the Luxembourg income tax law (PSD SAAR) for the first…
News
Clarifications on the Luxembourg tax treatment of a dissolution without liquidation
Main takeaways: A Circular L.I.R. n°170/1, 170bis/1, I.C.C n°44, I.Fort. n°55 (“the Circular”) has been issued by the Luxembourg tax authorities on 19 July 2024 bringing some clarifications on the tax…
News
Tiberghien shortlisted for ITR Tax Law Firm & Indirect Tax Law Firm of the Year
We are proud to announce that we’ve been shortlisted for the 2024 ITR EMEA Tax Awards in two categories! We’re competing for the award of Tax Law Firm of the…
News
Tiberghien Lawyers ranked 'Band 1' in Private Wealth Law by Chambers
We are extremely proud to announce that Tiberghien Lawyers have been awarded a 'Band 1' ranking in Private Wealth Law by Chambers for the ninth time in a row! Alain…
News
FASTER initiative – New amendments by the EU Council
On 14 May 2024, the EU Council reached a political agreement on an amended proposal of the Directive on Faster and Safer Relief of Excess Withholding Taxes (FASTER Directive). The…
News
Belgium mandating B2B e-invoicing from 1 January 2026
Many other European and non-European countries preceded Belgium on the e-invoicing topic. This, together with the EU Commission proposal “VAT in the Digital Age” (click here), pushed Belgium to also introduce…
News
Pillar 2 in Belgium - action required before 13 July 2024
The Belgian Pillar 2 transposition law was recently amended, in part to incorporate the most recent additional OECD Commentary. This law also provides that “Pillar 2 groups” will (have to)…
News
Luxembourg draft law published 23 May 2024 contains a series of tax measures and clarifications
Main takeaways: On 23 May 2024, the Minister of Finance submitted a draft law No. 8388 with the Luxembourg Parliament (the “Draft Law”) proposing several new tax measures, mainly: Amendment…
News
Key Figures in Belgian Estate and Income Tax 2024
The Belgian Estate and Income tax is characterised by continuous changes and the differences between the three regions are becoming more and more pronounced. We would like to help you…
Events
Partner Stijn Vastmans will be speaking at ITR Indirect Tax Forum in London on 21 May 2024
Publications
Special income tax regimes for sportspersons and income from the exploitation of image rights Belgium
Daan Buylaert and Mona Vera published the article "Belgium: Special income tax regimes for sportspersons and income from the exploitation of image rights" in the March 2024 edition of Sports…
News
2024 transfer pricing audit wave
The Belgian tax authorities recently initiated the 2024 transfer pricing audit wave, starting with a questionnaire and a pre-audit meeting.
News
Tiberghien Lawyers ranked 'Tier 1' in LEGAL500 for Tax
We are extremely proud to announce that Tiberghien Lawyers have been awarded a 'Tier 1' ranking for tax by Legal500 - 2024 edition, that makes 9 times in a row…
Publications
Chambers and Partners Family Law Global Practice Guide 2024
Larissa Dewulf, Carolyn Vanthienen and Alexandra Goossens contributed to the 2024 edition of Chambers and Partners Family Law Global Practice Guide. This global law guide is offering comparative analysis from top-ranked…
News
The UK Spring Budget 2024: Replacement of the “non-dom” tax status (RND) by a new four-year foreign income and gains (FIG) regime as of 6 April 2025 – impact on Income Tax, Inheritance Tax (IHT) and trusts
The UK recently announced important tax reforms in its Spring Budget 2024. The proposed changes are relevant for individuals who are resident but not domiciled in the UK (so-called “non-doms”…
News
Rules on allocation of taxing rights on immigration and emigration of individuals under the new Belgian - Dutch Double Tax Treaty: main changes
In an earlier article in this series, we already discussed the planned changes in terms of moveable income. Whilst the changes may seem relatively limited at first glance, Dutch residents…
News
Navigating the Nuances: The Administrative Court's Interpretation of Loan vs. Equity Characteristics
On 23 November 2023, in case number 48125C, the Luxembourg Administrative Court overruled a decision rendered by the Administrative Tribunal on 23 September 2022.
News
Tiberghien moves to Tweetorenwijk in Hasselt
We are proud to announce our new location in the heart of Hasselt. This move represents a significant strengthening of our presence in the region.
News
New Belgium-Netherlands double tax treaty - Permanent establishment provisions amended in line with MLI
The new double tax treaty between Belgium and the Netherlands will introduce significant changes compared to the current Article 5 on permanent establishments. Due to the positions of Belgium and…
News
(Shareholders of) corporate groups: beware of new CFC and cayman tax rules
The Belgian legislator adopted new legislation on December 22, 2023, significantly modifying two sets of rules: (i) the CFC rules (“Controlled Foreign Corporation rules”) applicable to Belgian corporate taxpayers and…
Publications
The International Comparative Legal Guide - Private Client 2024
The latest edition of the International Comparative Legal Guide – Private Client has just been published! Tiberghien Lawyers Alain Van Geel, Griet Vanden Abeele and Emilie Van Goidsenhoven contributed to…
News
Withholding tax on Dividends, Interests and Royalties under the new Belgian - Dutch double tax treaty - Main changes
The withholding tax jurisdiction of the source state is limited to 15% for dividends, as before. Withholding tax may (no longer) be withheld when dividends are paid by subsidiaries to parent companies…
News
European Court of Justice ruling: end of the application of VAT on director fees in Luxembourg
On December 21, 2023, the European Court of Justice (“ECJ”) issued its long-awaited ruling in the case C288/22 “TP” on the VAT treatment of director fees. From a Luxembourg VAT…
News
CAYMAN TAX 2.1 – sharpened teeth or mere dentures? A first update based on the draft bill as finally submitted to parliament.
PREFACE : This newsletter is only a first brief look at yet another very complex draft of cayman tax adjustment. Further analysis is recommended. This is an update of the…
News
Luxembourg minimum net wealth tax provisions declared partly unconstitutional
Main takeaways On 10 November 2023, the Luxembourg Constitutional Court ruled that certain provisions of the Luxembourg minimum net wealth tax were contrary to constitutional principle of equality. Pending a…
News
CAYMAN TAX 2.1 – sharpened teeth or mere dentures?
The draft bill approved at the Council of Ministers meeting on Friday, Oct. 27, 2023, proposes a whole number of changes to the cayman tax to ensure - in its…
News
Two new partners join the ranks
Tiberghien is known for its long and rich tradition and is determined to continue its successful path forward. The firm is therefore constantly looking ahead, scanning opportunities for future investments…
News
BEFIT, towards a common corporate tax framework in the EU ?
BEFIT stands for “Business in Europe: Framework for Income Taxation” and is the object of a draft EU directive proposed by the European Commission on 12 September 2023 (the “Draft…
News
BREAKING NEWS: The new tax treaty between Luxembourg and the United Kingdom enters into force
On 4 October 2023, the law of 18 September 2023 was officially published in the Memorial (the Luxembourg official gazette), so that the new tax treaty between Luxembourg and the…
News
Cayman tax remains applicable under new Dutch-Belgian double taxation treaty
The interaction of the Belgian cayman tax with the various double taxation treaties concluded by Belgium has been the subject of discussion in practice for several years. The question now…
News
Accounting reform in Luxembourg - Draft law submitted to parliament
Luxembourg government launched the first step of a reform of the Luxembourg accounting legal framework. The main objective is to consolidate into one single law the Luxembourg accounting rules currently…
News
New double taxation treaty between Belgium and the Netherlands - implications for individual investors
The double taxation treaty between Belgium and the Netherlands, signed on 21 June 2023, will result in certain changes for private investors. The main concerns are the impact on the…
News
Cross-border telework in Luxembourg: ongoing developments
Under the EU social security Framework Agreement, Luxembourg cross-border workers may telework more often from their state of residence without impacting their applicable social security legislation (provided telework represents less…
News
CBAM regulation adopted on 10 May 2023
On 10 May 2023, the Council of the European Union and the European Parliament adopted the new regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM). CBAM is designed…
News
Breaking - The new double taxation treaty between the Netherlands and Belgium
On 21 June Belgium and the Netherlands signed a new double tax treaty on income taxes. Unlike under the current treaty, the scope of this treaty will be limited to…
News
Brazil’ legislator enacts new transfer pricing law
On 15 June 2023, Brazil published a new law establishing a transfer pricing framework that is aligned with the OECD Transfer Pricing Guidelines (“OECD TPG”). Reforming Brazil’s transfer pricing (“TP”)…
News
Luxembourg tax authorities issue guidance on reverse hybrid rules
On 9 June 2023, the Luxembourg direct tax authority (Administration des contributions directes, the “ACD”) released a 3-page circular – L.I.R n°168quater/1 (“Circular”) in relation to the so-called reverse hybrid…
News
Cross-border telework: increase of social security threshold to 49%
The Administrative Commission for the Coordination of Social Security Systems of the European Union proposed a standard agreement aiming to increase the social security “threshold” for cross-border telework as from…
News
Key Figures in Belgian Estate and Income Tax 2023
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
The recent tax and social security reforms on copyright income: what employers need to know
Following an intense debate, the legislator introduced a new tax scheme applicable to copyright income. Main raison for this initiative is the assumed abuse of the until then beneficial tax…
Publications
ICLG Private Client Laws and Regulations Belgium 2023
Griet Vanden Abeele, Alain Van Geel and Emilie Van Goidesenhoven contributed to the International Comparative Legal Guide (ICLG) - Private Client 2023. This publication covers common issues in private client…
Publications
Chambers and Partners Family Law Global Practice Guide
Dominique De Bie & Carolyn Vanthienen contributed to this year's Chambers and Partners Family Law Global Practice Guide. They provide expert insights on numerous trends & developments in Belgian family law. Be sure…
News
Are the tax authorities ‘partying with you on stage’?
Many festivals have announced the first names for spring and summer 2023. We explain below the tax obligations for festival organisers with foreign artists on the bill.
News
Amendments to Hong Kong tax regime not sufficient? Update of the EU list on non-cooperative jurisdictions
Last week, the ECOFIN meeting of the Council of the EU took place, deciding on an update of the list of non-cooperative jurisdictions (the “black list”) and the list of…
News
Luxembourg double tax treaties update : UK, France and Germany
On 20 January 2023, the Luxembourg Council of Government took two different important decisions.
News
Christophe Dillen joins the partners of Tiberghien
Tiberghien continues to grow and evolve to provide its clients with forward-looking services of the highest standard. It is therefore with great pleasure that we announce the appointment as partner…
News
ATAD 3 and more: a brief update
In December last year, the European Parliament published a resolution on the proposal for a Directive laying down the rules to prevent misuse of shell entities for tax purposes (so-called…
News
An informal gift by way of bank transfer in cross-border context: points of interest
The gift by way of bank transfer is a popular technique for making gifts to children or grandchildren. As this article will show, it involves more than simply transferring money…
News
Pillar Two/IFRS Newsflash: IASB consultation on IAS 12 amendements for Pillar Two
On 9 January 2023, the International Accounting Standard Board (IASB) published Exposure Draft ED/2023/01 which contains important proposed amendments to IAS 12, the International Accounting Standard dealing with accounting for…
News
Belgian expat tax regime now extended to foreign non-profit organisations
On 1 January 2022, a new expat tax regime was introduced in Belgium that provides for a favourable income tax (and social security) treatment for employees, directors and researchers recruited…
Publications
Fiscal Federalism in the EU. A Dynamic Process With Multiple Dimensions
In 2021 the European Association of Tax Law Professors held its annual conference on ‘History and Taxation’. One topic dealt with Fiscal Federalism. This concept refers to the study of…
News
Pillar Two - OECD’s Recently Released Safe Harbours and Penalty Relief Guidance : Solving key issues that MNEs face, or just a drop in the ocean?
On 20 December 2022, the OECD/G20 GloBE (Global Anti-Base Erosion) Inclusive Framework released, as part of a broader package[1], its Pillar Two Safe Harbour and Penalty Relief guidance document. Numerous…
News
Belgium - Luxembourg 34-day rule to be approved before year-end
On 31 August 2021, Belgium and Luxembourg signed a protocol increasing the 24-day tolerance to 34 days as from 2022.
Tiberghien Tax Law Manual
