News
CBN guidance on (de)mergers with entities having negative net asset values
On February 15th, the Belgian accounting standards boards (Comissie voor Boekhoudkundige normen – hereafter “CBN”) published additional guidance with respect to mergers and demergers of companies having negative net asset…
News
International Tax update: Fixed establishment through an affiliate company in Belgium? The Court of Appeal of Liège affirms.
Recently, the concept ‘fixed establishment’(‘FE’) for VAT purposes is the subject of many discussions and it seems that the saga will continue. In a judgement of 22 October 2021, the…
News
Non-compete payment upon the ending of an international career... Taxation in the residence state?
News
International Tax Update: Expense allowances granted under the new expat tax regime are exempted from social security contributions
A new special tax regime for incoming executives and researchers entered into force in Belgium on 1 January 2022.
News
Proposal for new European directive: the end of entities with little substance?
On December 22, 2021, the European Commission published a potentially far-reaching proposal for a new directive. The aim of this proposal is to "tackle the misuse of undertakings that do…
News
New Belgian special expat tax regime – who’s in?
A new expat tax regime for incoming executives and researchers entered into force in Belgium on 1 January 2022. Considering the change in the special tax regime’s scope, conditions and…
News
International tax update: UAE introduces corporate income tax
Yesterday, 31 January 2022, the UAE Ministry of Finance announced the introduction of a federal corporate income tax (‘CIT’). For financial years starting on or after 1 July 2023, UAE…
News
The Belgian ELTIF: ready for launch in 2022?
ELTIF introduced mid 2021 By the Belgian Act containing various provisions of 27 June 2021 (Belgian Official Gazette 9 July 2021), the regime of a European Long Term Investment Fund…
News
International Tax Update: 'New' 2022 OECD Transfer Pricing Guidelines: Bundling of earlier guidance
The OECD published today the successor of the July 2017 edition of the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (“OECD TP Guidelines”). This 'January 2022' edition of…
News
International Tax Update: Belgian transfer pricing country profile at OECD.org refers to the latest Belgian transfer pricing circular letter, whereas arguably the OECD Transfer Pricing Guidelines are more relevant as a source of reference
On 13 December 2021, the OECD updated several country profiles and added profiles for three new countries (a second batch further to the first batch that was released in August…
News
The ultimate guide to get you through a transfer pricing audit
Did you or your company recently have to deal with a transfer pricing audit? If not, there is a good chance you will be faced with one soon. The number…
Publications
The design of Covid-19 recovery contributions: Taxes or Social Security Contributions?
To cover the large financial spending caused by the Covid-19 pandemic, countries worldwide are forced to take substantial fiscal actions. This contribution takes a closer look at the extent to…
News
International Tax Update: Dear tax administration: what you don’t publish can be used against you – but not against the taxpayer
How the MLI enters into effect between Belgium and the Netherlands, but is not opposable to the Belgian taxpayer (yet) In our previous international tax update we already indicated that…
News
International Tax Update: Tax treaties extend withholding tax benefits beyond the scope of European Directives - the example of interest paid to French société par actions simplifiée 'SAS'
Withholding tax exemption under EU law In the event of an allocation or payment of interest from a Belgian company to a company incorporated under foreign law, a withholding tax…
News
International Tax Update: MLI to cover the Belgium – Netherlands tax treaty as of 1 January 2022
Somewhat unexpected and until today largely undetected, Belgium and the Netherlands have deposited notifications to the OECD Secretariat, with the intention of bringing their current double tax treaty under the…
News
VAT exemptions for logistics services and (sea)port activities: watch out for the VAT officer!
A recent VAT administrative circular letter, implementing EU VAT case law, has tightened the conditions for applying the VAT exemption for services in connection with the export of goods out…
News
International Tax Update: Important changes to the Belgian special taxation regime for foreign executives
The Belgian government agreed in the recent budgetary agreement on important changes for foreign executives falling under the special taxation regime.
News
International Tax Update: Public Country-by-Country Reporting takes last hurdle in legislation process
On 11 November 2021, the European Parliament approved the implementation of what is commonly referred to as the public country-by-country reporting (CbCR) Directive.1 This formal approval of the European Parliament came…
News
Breaking news : Belgium and France signed a new Double Tax Convention
On 9 November 2021, after long discussions and negotiations, France and Belgium signed a new Double Tax Convention (‘DTC’). Once the ratification process will be completed in both countries, this…
News
International Tax Update: Digital Service Tax: Dead and done with?
On 8 October 2021, the already historical agreement about Pillars I and II was reached between 136 member jurisdictions of the OECD/G20 Inclusive Framework. A part of the overall agreement…
News
International Tax Update: Recent tax developments in Germany
German Real Estate Transfer Tax Rules for share deals As in Belgium, German Real Estate Transfer Tax (“RETT”) is triggered by the notarization of a direct real estate purchase. The…
News
Belgian Annual Tax on Securities Accounts challenged before Constitutional Court: annulment appeal is no suspension
With its Law of February 17, 2021, Belgium introduced a new annual tax on securities accounts (hereafter: “ATSA”), which has replaced the previously annulled tax on securities accounts that the…
News
International Tax update: Excess profit rulings: Victory for the European Commission?
On 16 September 2021, the Court of Justice of the European Union dealt for the first time with the Belgian excess profit rulings. The Court ruled (in contrast to the…
News
International Tax update: Belgian Transfer Pricing Court Case
In a recently published decision dd. 8 June 2021 of the Court of Appeal of Ghent relating to transfer pricing (nr. 2016/AR/455), the Court decided in favor of the taxpayer.…
News
International Tax update: The Belgium - Luxembourg 24 day-rule becomes the 34 day-rule
The salary of a Belgian tax resident relating to days performed in Luxembourg is generally taxable in Luxembourg according to the Belgium-Luxembourg double tax treaty. The days worked outside of…
News
Luxembourg Newsflash: New administrative circular sets guidelines for the imposition of tax fines
The 2017 tax reform significantly strengthened the power of the Direct Tax Authorities to impose tax fines on taxpayers found in infringement of their tax obligations. In this scope, the…
News
VAT registration with a fiscal representative in Belgium: new guarantee rules will create more burdens for foreign taxpayers
A recently adopted amendment to Royal Decree nr. 31 will alter the guarantee requirements for a Belgian VAT registration of a foreign taxpayer with the appointment of a fiscal representative.…
News
VAT and e-commerce: Belgium implements new rules on importer of record
Following the adoption of the law implementing the new e-commerce VAT rules in Belgium, a Royal Decree has been published on 29 June 2021, amending several earlier Royal Decrees on…
News
Asia is stepping up its tax game: faceless tax audits, major tax reforms and much more
The Asia-Pacific Tour of the Tiberghien World Tour brought to light a number of interesting developments in the innovative and changing tax landscape in Asia. Not only are Asian countries…
News
Luxembourg tax authorities update their Circular on interest limitation rules for members of a consolidated group
On June 2nd, 2021, the Luxembourg tax authorities reissued their Circular n°168bis/1 dated January 8th, 2021 on the interest limitation rules governed by article 168bis of Luxembourg Income Tax Law…
News
International Tax update: Evolving towards more OECD-compliancy: the times are changing in the Middle East
The Middle Eastern leg of the Tiberghien world tour showed some interesting developments in tax legislation of this region. These (expected) changes will undoubtedly have a big impact on MNE’s…
News
Can tax related and IT services benefit from the VAT exemption for the management of special investment funds? The European Court of Justice says yes.
The Court of Justice of the European Union (ECJ) ruled in the joined cases K (C-58/20) and DBKAG (C-59/20) that the management of tax related responsibilities and the supply of…
News
International Tax update: Mutual tax agreements mitigating the impact of Covid-19 telework for internationally active employees extended until the end of 2021
UPDATE 28/09/2021 Due to the Covid-19 pandemic, most employees have worked from home for a large number of days from March 2020 onwards. As the taxation of salaries and the applicable…
News
Teleworking due to COVID 19: Luxembourg mutual tax agreements with Belgium, France and Germany still in force.
UPDATE Teleworking due to COVID 19: Luxembourg mutual agreements with Germany, Belgium and France will remain in force until the end of 2021 As covered more into detail here, a…
News
Taxation of (ex-)partners and children
Some points of attention for spouses, legal cohabitants and separated parents You are separated or in the process of separating and are wondering how you will be taxed and who…
News
International Tax update: EU Agreement with regard to Public country-by-country reporting for certain undertakings
On 1 June 2021 the EU Council negotiators and the negotiation team of the European Parliament reached a provisional political agreement on a proposed directive on the disclosure of income tax…
News
International Tax update: Biden’s Green Book and the Old Continent
Last week the US Treasury Department released the long-awaited “Green Book”, explaining the tax proposals of the Biden Administration. The final version is shorter and less detailed than expected. Nevertheless,…
News
International Tax update: The ECJ further defines the notion of a VAT fixed establishment
The Court of Justice of the European Union (ECJ) ruled in the Titanium case (C‑931/19) that own staff is required for a (sales) VAT fixed establishment (FE) to be present…
News
Tax Treaty Making in Belgium. Well regulated?
The fact that Belgium has a wide network of double taxation conventions (‘tax treaties’) is positive for the Belgian economy and Belgian taxpayers. Each new tax treaty is welcomed. But…
News
Tiberghien colleague Rik Smet receives honorable mention for prestigious award
In June last year our colleague Rik Smet successfully defended his doctoral thesis on tax treaty making in federations.
News
International Tax update: Tiberghien World Tour PART I - AMERICAS
Last week, on 27 May 2021, we organized the first of four free interactive web events of our Tiberghien World Tour 2021. In these events, local experts of our WTS…
News
International Tax update: European Commission’s view on business taxation in the 21th century
On May 18, 2021, the European Commission announced its vision on “Business Taxation for the 21st century”. It did so by means of a Communication to the European Parliament and…
News
EU General Court judgements: Engie received illegal state aid, Amazon did not
On 12 May 2021, the EU General Court delivered two judgements relating to appeals made against the EU Commission’s decisions taken back in 2017 and 2018. In these decisions, the…
News
International Tax update: Unexpected tax exposure for companies due to home office abroad?
As a result of the COVID-19 crisis, many cross-border workers are working from their home office, which is not necessarily located in the same country as their employer’ office. Also…
News
New e-commerce VAT rules as from 1 July 2021: Watch out for double taxation on e-sales of imported goods with a value exceeding € 150
As from 1 July 2021, the e-commerce VAT package enters into force. As a result, online sales to private individuals will generally be subject to VAT in the EU Member…
News
The CSSF has published a circular on teleworking for supervised entities in a non-pandemic situation
On 9 April 2021, the Luxembourg's financial sector supervisory authority (Commission de Surveillance du Secteur Financier - "CSSF") published CSSF Circular 21/769 on “Governance and security requirements for Supervised Entities…
Events
Tiberghien World Tour: Asia-Pacific (web event)
Events
Tiberghien World Tour: Middle East & Africa (web event)
Events
Tiberghien World Tour: Americas (web event)
News
Tiberghien International Tax update: Wake-up call: European Parliament demands EU to take appropriate action in taxing the digital economy
On April 29th the European Parliament (“EP”) adopted its resolution “on digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax”. The EP again reiterates…
News
Tiberghien International Tax update: New withholding tax rules on UK sourced interest and royalty payments as from 1 June 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…
News
An active UN adopts new UN model treaty provision regarding income from automated digital services
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
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
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…
News
Luxembourg clarifies financial assistance rules for private limited liability companies (SARL)
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
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…
News
The OECD’s Discussion draft on changing the Commentary on Article 9 (and others)
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?
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…
News
E-commerce: Avoid VAT compliance obligations abroad and register now for the One Stop Shop (OSS)
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…
News
New EU tax transparency rules for digital platform operators officially adopted and published: DAC 7 enters into force in 2023
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…
