On 21 November 2012, the tax measures of the budget 2013 were published Some details of the plans, which apply from the tax year 2013 (assessment year 2014), are summarized below: - From 2013, capital gains on the sale of shares, realized by large companies and holding structures, will be subject to a separate 0.4% tax (increased by a 3% crisis contribution). The tax is not deductible for corporate tax purposes. - The withholding tax on dividends will become 25% in all cases. The withholding tax on interest will be increased from 21% to 25%. The withholding tax remains 15% for savings accounts which will in excess of €1,830 (to be indexed) and government bonds issued between 24 November 2011 and 2 December 2011. - The withholding tax will, in principle, again be a final levy. The recently introduced system of obligatory reporting of dividends and interest in the tax return, communication of information to a central contact point and the additional austerity levy of 4% on passive income above €20,020 on which a withholding tax was levied of less than 25%, will be abolished. - Dividends paid by real estate investment companies (Sicafi/Vastgoedbevaks) will become subject to a ...
Circular Ci. RH.81.616.308 (AAFisc No. 10/2012) of 3 March 2012 on the income tax consequences of the abolition of the bank secrecy is published Until 1 July 2011, the tax administration could not collect information of taxpayers from accounts, books and documents kept by financial institutions. This was not the case when, during an audit of a financial institution, concrete indications (aanwijzingen) were found that a taxpayer was committing, or preparing to commit, tax fraud. Furthermore, the tax administration took the view that, during an audit of a taxpayer, it was not possible to request information from a financial institution as a third person. Article 333(1) of the Income Tax Code provides that, as from 1 July 2011, a taxpayer must be notified about indications that he has committed tax fraud. From 1 December 2011, a taxpayer must be notified if the tax administration intends to issue an assessment on the basis of indications that he has committed tax fraud. This obligation also applies if the investigation concerns previous tax years. A taxpayer, however, does not have to be notified if a request for exchange of information is received from a foreign country. Since 1 July 2011, the tax administration ...
The European Commission has officially asked Belgium to amend its legislation on the property transfer tax in the Brussels Capital Region. The legislation at stake allows for a tax base reduction of the property transfer tax when buying a primary residence in the Brussels Capital Region on the condition of staying resident in the Region during the next 5 years. The Commission considers that this legislation is incompatible with the Treaties as it discourages the free movement of persons, workers and self-employed persons which is guaranteed by EU rules (Articles 21, 45, 49 TFEU and 28 and 31 EEA). Taxpayers who settle in newly bought property in the Brussels Capital Region are dissuaded from leaving it for the next 5 years as otherwise they would lose the above mentioned tax advantage and would have to retroactively pay the tax to the Region. The Commission's request takes the form of a reasoned opinion (the second stage of an infringement procedure). If the rules are not brought into compliance within two months, the Commission may refer the matter to the Court of Justice of the European Union. Source: European Commission
If the rules are not brought into compliance within two months, the Commission may refer the matter to the Court of Justice of the European Union Belgium legislation at stake allows for a tax base reduction of the property transfer tax when buying a primary residence in the Brussels Capital Region on the condition of staying resident in the Region during the next 5 years. The Commission considers that this legislation is incompatible with the Treaties as it discourages the free movement of persons, workers and self-employed persons which is guaranteed by EU rules (Articles 21, 45, 49 TFEU and 28 and 31 EEA). Taxpayers who settle in newly bought property in the Brussels Capital Region are dissuaded from leaving it for the next 5 years as otherwise they would lose the above mentioned tax advantage and would have to retroactively pay the tax to the Region. ec.europa.eu
