Belgium Tax News

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Comments on draft contents of 2008 update to Model Tax Convention published

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

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Draft of 2008 Model Tax Convention – Proposed changes to Commentary to Art. 12 (definition of royalties)

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ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment

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ECJ: Netherlands refund regime for investment funds incompatible with EC free movement of capital

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Preliminary ruling requested from ECJ regarding compatibility of Belgian tax treatment of foreign dividends with EC free movement of capital

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European Commission takes steps against Bulgaria, Portugal, Romania and Spain concerning taxation of dividends

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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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Treaty between Belgium and Singapore ratified

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Belgian ruling that 95% dividend deduction applies to dividends received from Thai companies benefiting from tax holiday via intermediary companies in third states

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Treaty between Belgium and Luxembourg – Belgian ruling that income from real estate certificates classified as interest

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ECJ: Decision by reasoned order in UK CFC and foreign dividend test case

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ECJ: 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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Notional interest deduction – Circular on anti-abuse measures published

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European Commission refers Netherlands to ECJ for not exempting dividends paid to companies established in certain EFTA countries from withholding tax

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Treaty between Belgium and Chile – details

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ECJ: Advocate General finds German rules on taxation of cross-border dividends under old imputation system compatible with EC law

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European Commission takes steps against Belgium for failure to adopt implementing measures of Merger Directive

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Treaty between Chile and Belgium signed

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European Commission takes steps against Germany, Estonia and Czech Republic regarding taxation of outbound dividends

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ECJ: Advocate General finds 5% add-back of tax credits for withholding tax abroad compatible with Parent-Subsidiary Directive – details

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Treaty between Qatar and Belgium ratified

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Treaty between Belgium and France – Court of Appeal of Brussels decides compensation received per non-competition clause classified as employment income

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Protocol to treaty between Brazil and Belgium – details

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Treaty between Belgium and Qatar – details

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ECJ: Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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European Commission issues communication regarding accession of Bulgaria and Romania to Arbitration Convention

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Treaty between United States and Belgium enters into force

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OECD released discussion draft on transactional profit methods

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Treaty between Israel and Belgium: Israeli District Court decides domestic anti-avoidance rules may deny treaty benefits

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