Challenges to Belgian tax law on dividends and excess profits
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Challenges to Belgian tax law on dividends and excess profits
Challenges to Belgian tax law on dividends and excess profits
Wed 02 Oct 2019
The CJEU Advocate General has issued an opinion that Belgian tax law requiring recipients to include dividends in their taxable base before claiming a 95% deduction, does not comply with the EU parent subsidiary directive, as the rules can prevent the recipient accessing other tax benefits available in Belgian law. It will be interesting to see if the CJEU follows the Advocate General’s view. The case summary is not available in English, but the a French version of case C-398/18 is available.
Separately the EC has announced state aid investigations into 39 companies’ use of Belgian ‘excess profits’ tax rulings.
Please get in touch with the Mazars international tax team if you consider your clientsto discuss the actions your business should consider in relation to these developments
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