Belgium Tax News

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ECJ: Netherlands' non-exemption of dividends paid to certain EEA countries from withholding tax found incompatible with EEA Agreement

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Protocol between Germany and Belgium initialed

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In a press release of 15 May 2009, it was announced that the Belgian Council of Ministers decided to bring the Belgian participation exemption in line with the decision of the European Court of Justice (ECJ) in  Cobelfret (C-138/07).

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Protocol to treaty between Belgium and Netherlands signed

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ECJ: Cobelfret extended to domestic situations and potentially to dividends received from third countries

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ECJ finds Finnish dividend withholding tax regime incompatible with EC freedom of establishment

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Belgian government decides to bring Belgian participation exemption in line with Cobelfret

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Protocol to treaty between Belgium and France ratified

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Treaty between Belgium and Tunisia ratified

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Treaty between Belgium and Tunisia approved

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European Commission refers Germany to ECJ over taxation of outbound dividends

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Protocol to treaty between Belgium and France approved

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Treaty between Belgium and Morocco ratified

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ECJ: Belgian rules on inclusion of dividends in taxable base followed by 95% deduction insofar as parent company makes profits incompatible with Parent-Subsidiary Directive

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Treaty between Belgium and Oman – details

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Circular on notional interest deduction published

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Treaty between Singapore and Belgium enters into force

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ECJ: Advocate General finds French legislation on group consolidation excluding lower-tier subsidiaries indirectly owned through companies resident in other Member States justifiable restriction on EC freedom of establishment – details

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ECJ: Advocate General finds Belgian withholding tax on interest paid to companies resident in other Member States compatible with EC freedom of establishment – details

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Preliminary ruling requested from ECJ regarding Belgian anti-abuse provision concerning exceptional and gratuitous advantages

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Preliminary ruling requested from ECJ on interpretation of EC Parent-Subsidiary Directive with respect to Italian tax on dividend adjustment (General Beverage)

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ECJ: Advocate General finds French legislation on group consolidation excluding lower-tier subsidiaries indirectly owned through companies in other Member States justifiable restriction on EC freedom of establishment

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OECD released 2008 Model Tax Convention

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Treaty between Belgium and France: regular participation in commodity exchange held to be permanent establishment

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Proposal to implement amendments to EC Merger Directive

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Withholding tax on copyrights and similar rights introduced

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Discussion draft on New Art. 7 of OECD Model – details

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Preliminary ruling requested from ECJ on interpretation of Merger Directive in connection with scheme to avoid Netherlands property transfer tax

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OECD Council approves 2008 Model Tax Convention

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Treaty between Italy and Belgium – Italian tax authority rules on tax qualification of payments under non-competition agreement

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