News
New circular letter regarding article 19bis ITC and possibilities to claim refund of withholding tax
The Belgian tax administration issued a new circular letter on article 19bis ITC (circular letter of 25.09.2019).
News
Deadline UBO registration: 30 September 2019. Sanctions as from 2020.
The law of 18 September 2017 lays down the rules regarding the framing of the UBO register. By Royal Decree of 30 July 2018, the initial deadline to submit to…
News
Newsflash: ECJ State Aid on Starbucks & Fiat
The EU General Court Tuesday ruled in favor of Starbucks and in disadvantage of Fiat on the European’s Commission claim that both companies received illegal state aid from the Dutch, respectively…
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Deadline for the registration with the Luxembourg UBO register postponed to 30 November 2019
The Law of 13 January 2019, which implements the register of ultimate beneficial owners in Luxembourg, grants the entities concerned, following its entry into force, a 6-month delay for complying…
Events
Global Transfer Pricing Forum - Europe 2019
Publications
The uniform application of European Union law: The Court of Justice confirms its role as ultimate Cerberus
Click here for the publication in EC Tax Review 2019/3, p. 122-124.
News
New tax treaty between France and Luxembourg ratified by Luxembourg parliament
On 2 July 2019 the Luxembourg parliament approved the new double tax treaty as signed between France and Luxembourg on 20 March 2018 (the “New Treaty”). This New Treaty shall…
News
Circular 793 issued by the Luxembourg VAT authorities regarding new VAT rates applicable to electronic publications, essential hygienic items & plant protection products
At the time of the publication of the 2019 budget law on 29 April 2019, a Grand Ducal Regulation of 26 April 2019 was published. This Regulation amends the Appendix…
Publications
The changes introduced by the Belgian look-through taxation regulations or Cayman Tax 2.0
In this article a comment is given on the modifications to the Belgian ‘Cayman Tax’, applicable since 1 January 2018, and partially applicable since 17 September 2017. Notably, tax regulations…
Events
IVEA - International VAT Expert Academy
News
Interest Limitation Rules in the EU
Ivo Vande Velde, counsel at Tiberghien, took part in the 'WTS Gobal ILR Study' on the implementation of the interest limitation rules in the various EU Member States. This ILR Study…
News
VAT and intra-EU trade: companies should prepare for the 4 ‘quick fixes’ from 1 January 2020
VAT rules on intra-EU trade are currently subject to a major review on an EU level. This reform is deemed necessary to counter intra-EU fraud (see link). Although the outcome…
News
VAT Update for the Digital Economy
Tax professionals of the VAT Committee of WTS (World Tax Services), including Tiberghien's Stijn Vastmans and Stein De Maeijer and T/A economics' Andy Neuteleers, share their views on VAT issues that online…
News
Pricaf Privée legislation adapted
The law on various financial provisions has been successfully passed prior to the dissolution of parliament. The new legislative text introduces several amendments throughout the Belgian financial legislation a.o. provisions of…
News
Ceci n’est pas une cigarette. The concept of ‘cigars or cigarillos’ for excise purposes
In a recent judgment, the Court of Justice ruled that rolls of tobacco part of whose outer wrapper of natural tobacco is covered, at the filter, by an additional paper…
News
The MLI ratification process formally completed - What happens next for Luxembourg?
On 14 February 2019, the law ratifying the OECD Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (“Multilateral Instrument” or “MLI”) was adopted by Luxembourg Parliament. On…
News
Luxembourg VAT updates
Brexit Newsletter from AED The Registration Duties, Estates and VAT Authority (AED) has issued a Newsletter informing all taxpayers of VAT related consequences of a British exit from the European…
News
“Two beers or not two beers, that’s the question” - The definition of “beer” and its taxable basis for excise duties
Two recent judgments of the Court of Justice of the European Union are of particular importance for the European beer sector. These judgments do not only result in certain beers…
Events
Football, Finance and the Law
News
Welcoming changes to interest limitation rules for Luxembourg tax unities
On 4 March 2019, the Luxembourg government presented its draft 2019 budget law to its parliament. This draft budget law includes some measures which the government had already announced when…
Events
ABA: 19th Annual U.S. and Europe Tax Practice Trends
News
European Commission investigates tax treatment of Huhtamäki in Luxembourg
On 7 March 2019, the European Commission (the “EC”) announced that it will open an investigation into tax rulings issued by the Luxembourg tax authorities to Huhtalux S.à r.l. (“Huhtalux”),…
News
ECJ interprets the notions of "beneficial ownership" and "tax abuse"
In its highly anticipated judgments of 26 February 2019, the ECJ took a decision in the so-called “beneficial ownership”- cases. These cases relate to the application of the interest-royalty directive…
News
Consolidatie en Intrestaftrekbeperking
Seminar : 'New tax consolidation and interest limitation rules in Belgium and their impact on M&A transactions' Antwerpen 27/03/2019 - Deinze 28/03/2019 - Brussel 04/04/2019 Speakers / team Bernard Peeters …
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State Aid Update: General Court annuls the Commission’s state aid decision concerning Belgium’s Excess Profit Rulings (EPR)
In the past Belgian entities could obtain an advance ruling from the Belgian tax authorities, confirming that profits regarded as being ‘excess’, in that they exceeded the profit that would…
News
Luxembourg UBO register will be effective as from 1st March 2019
As announced in our previous articles (UBO register very close to be introduced in Luxembourg ! and Luxembourg UBO Register accessible to all !), Luxembourg will implement a register which…
News
Tiberghien expands its customs and excise team
In order to service an increasing demand of specific expertise in the field of customs and excise duties, Tiberghien reinforces its Indirect Taxes practice group. With almost 20 years of…
News
Brexit: no time to waste
Brexit will have a significant impact on all companies doing business with the UK. In particular, the consequences for customs and VAT will be tremendous. As recently emphasised by Minister…
Publications
Does new case law on a “subject-to-tax clause” in double tax treaties provide opportunities for Belgian sportspersons?
Introduction The Belgian Court of Cassation has ruled on 25 January 2018 on the application of art. 23, § 1, a (“methods for elimination of double taxation”) of the Belgian-Dutchdouble…
News
Pro League adopts action plan clarifying the role of football agents and increasing the transparency in Belgian football: potential tax consequences and points of attention
An expert panel of the Pro League (the organization representing the interests of all professional Belgian football clubs) appointed by the latter and presided by Belgian minister of State, Melchior…
Events
Russian Wealth Advisors Forum
Events
The IBA 24th International Private Client Conference
Publications
International transfers of professional football players
An international transfer of a football player from one professional club to another may cause various financial streams with specific tax ramifications with sometimes doubtful solutions. The purpose of this…
Events
All you need to know about 'Cash for car' and mobility budget
Events
Quo vadis Belgian Football: challenges and perspectives
News
Tiberghien wins the prestigious Trends award for 'Best Law Firm in Tax Law 2018'.
We are very pleased to announce that Tiberghien has been named 'Best Law Firm in Tax Law 2018’ by the jury of Trends Legal Awards.
News
VAT and holding companies: European Court of Justice accepts the right to deduct input VAT on broken-deal costs
On 17 October 2018 the Court of Justice of the European Union (‘CJEU’) delivered its ruling in the Ryanair case (C-249/17). This decision resolves the issue of input VAT recovery…
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New developments in cross border working between Luxembourg and Belgium
Will there be soon an update of the mutual agreement (accord amiable) of 16 March 2015 to the Belgium - Luxembourg Tax Treaty?
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New developments in cross border working between Luxembourg and Belgium
Will there be soon an update of the mutual agreement (accord amiable) of 16 March 2015 to the Belgium - Luxembourg Tax Treaty?
News
Equity granted by a foreign parent company: recent developments
The Belgian government is contemplating to introduce a more general reporting and tax withholding obligation for Belgian companies/subsidiaries when benefits (such as free shares or shares at reduced price) are…
News
France 2018 - “Année Blanche” ?
Currently, French income tax is generally collected in the year after the income has been earned after the filing of a tax return.
Publications
The Ne Bis in Idem Rule: Do the EUCJ and the ECtHR Follow the Same Track?
On 20 March 2018 the Grand Chamber of the EUCJ delivered three rulings on the extent to which the principle of ne bis in idem permits Member States from imposing…
News
The Belgian UBO register: Modified deadline of 31 March 2019
Previously, we informed you about the introduction of the Belgian UBO register (see this link). This UBO register is a centralised database (organised on a European level) through which companies, associations,…
News
The Belgian parliament has passed the VAT taxable rent law
The optional regime for a VAT taxable rent (for a detailed overview of this new regime, see link) has been approved by the Belgian Chamber of Representatives on 4 October…
News
VAT update: Ecofin agreement on quick fixes, the generalised reverse charge mechanism and reduced rate for e-books
On 2 October 2018 a much-anticipated ECOFIN meeting was held in Luxembourg. The EU Ministers of Finance reached an agreement on quick fixes, the generalised reverse charge mechanism and the…
News
Belgian authorities take a more flexible position on VAT penalties
The Belgian authorities have adopted a new policy for imposing penalties in VAT matters. Traditionally the Belgian authorities have applied a strict policy for imposing penalties. Each VAT error is…
News
PRESS RELEASE - WTS Global opens US desk in New York and San Francisco
WTS Global opens US desk in New York and San Francisco to further strengthen its footprint in North America.
News
Luxembourg UBO register accessible to all !
On 10 July 2018, government amendments were proposed to the draft bill introducing the UBO register in Luxembourg (the “Register”). These amendments are in line with the provisions of Directive…
News
Luxembourg issues a circular on cryptocurrencies
On July 26, 2018 the Luxembourg tax authorities issued Circular L.I.R. n°14/5 - 99/3 - 99bis/3 on the Luxembourg tax treatment of transactions involving cryptocurrencies (the “Circular”).The main aspects of…
News
Luxembourg VAT Grouping – Luxembourg government publishes its final law
For prior coverage after the introduction of the bill of law dated 16 April 2018 (the “Bill”), we refer to our newsletter of 3 May 2018. As indicated in our…
News
VAT and immovable rent: what to know about the final draft law!
In March 2018, the Belgian government reached a final agreement on the introduction of an optional system for VAT and immovable rent. At that time, the main characteristics of the…
News
VAT deduction and active holdings: EU case law widens the scope
On July 5, 2018 the Court of Justice of the European Union delivered a new and welcome judgment about input VAT recovery by holding companies (ECJ, Marle Participations SARL, C-320/17,…
News
Luxembourg draft law to implement the Anti-Tax Avoidance Directive (ATAD)
On June 19th, 2018 was released the draft law (the “Draft Law”) implementing, among other provisions inspired by BEPS, the EU Anti-Tax Avoidance Directive (“ATAD” or the “Directive”). ATAD was…
News
NEW reporting obligation for cross-border arrangements – European Directive of 25 May 2018 entered into force on 25 June 2018.
On 25 May 2018, the Council Directive amending Directive 2011/16/EU concerning the mandatory automatic exchange of information in the field of taxation for reportable cross-border arrangements was approved. From 1…
News
Private Privak (Pricaf) 3.0 – an update
The Private Privak (Pricaf) has been amended a third time, based on the needs of the private equity sector. This reform eliminates major constraints which limited the success of the…
News
NEW reporting obligation for cross-border arrangements – Council Directive approved 25 May 2018
Today, Friday 25 May 2018, has seen the approval of the Council Directive amending Directive 2011/16/EU concerning the mandatory automatic exchange of information in the field of taxation for reportable…
Events
Tax Treaty Case Law around the Globe 2018
News
Luxembourg VAT Grouping On Its Way !
On 16 April 2018, a bill of law (no. 7278, the “Bill”) has been presented to Luxembourg Parliament which aims at introducing in Luxembourg a grouping regime for Luxembourg value…
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New Luxembourg intellectual property regime in force
Luxembourg new tax regime designed to increase intellectual property (“IP”) developments has entered into force in April 2018 and is effective as of 1 January 2018. The new regime (the…
