In a recently published decision of 10 March 2006, the Belgian Court of Appeal of Liége (Court d'Appel Liège/Hof Van Beroep Luik) confirmed a decision of the Court of First Instance Liége of 14 October 2003, in which the abolition of the fixed foreign tax credit was held to be incompatible with the Belgium-US income tax treaty of 9 July 1970 (the "treaty").
(a) Facts. Under Art. 10(2)(b) of the treaty, the withholding tax on dividends is 15%. Belgium must grant a tax credit for t…