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Court rejects reclassification of service fees into dividends on basis of general anti-abuse provision

|Approved Changes| Belgium
 Belgium

On 24 May 2007 (decision recently available), the Court of First Instance Gent decided a case on the reclassification of director's fees into dividends on the basis of the general anti-abuse provision of Art. 344(1) Income Tax Code (ITC). Details of the case are summarized below.

(a) Facts. A group of related family companies was restructured, most likely to further a transfer to successor family members. Shares of two companies (B) and (C) were sold …

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