Court of First Instance Bruges decides that non-deductible part of the foreign dividend deduction can be included in loss carry-forward

On 3 October 2012, the Court of First Instance Bruges (Rechtbank van Eerste Aanleg Brugge) gave its decision in X NV v. the Belgian Tax Administration on the treatment of the non-deductible part of the foreign dividend deduction. Details of the case are summarized below.

(a) Facts. The Taxpayer was a Belgian company which could not fully use the 95% foreign dividend deduction. Therefore, the Taxpayer claimed a carry-forward of the non-used part of the deductio…