Pierre-Antoine Klethi

The “Law of 27 March 2024 on the digitisation of justice and miscellaneous provisions Ibis” makes certain important amendments to the Belgian Code of Companies and Associations in particular in relation to the company size criteria, the governance of listed companies and the transfer of significant assets by a listed company. In this e-zine, our experts Peter De Ryck and Clément Defechereux give you more details on this topic.   Read it now: 👉 ENG: https://lnkd.in/eiXmya_a   Please feel free to contact our authors with any specific questions you may have.   To stay updated on the latest legal developments, or to attend one of our next seminars, please click here: https://lnkd.in/egvk8q9c #BCCA #CompanyLaw #ListedCompanies #Governance #CompanyManagement

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The Belgian Pillar 2 transposition law was recently amended, in part to incorporate the most recent additional OECD Commentary. This law also provides that “Pillar 2 groups” will (have to) have a separate CBE registration (‘Crossroads Bank for Enterprises’). This should simplify relations with the tax administration by providing only one point of contact for prepayments, notifications, QDMTT, IIR and UTPR returns, etc. Rik Smet and Koen Morbée explain what this means and what the requirements are in the article below. #TaxLaw #Pillar2

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𝐖𝐡𝐚𝐭 𝐚 𝐫𝐞𝐜𝐞𝐧𝐭 𝐂𝐉𝐄𝐔 𝐫𝐮𝐥𝐢𝐧𝐠 𝐦𝐞𝐚𝐧𝐬 𝐟𝐨𝐫 𝐥𝐞𝐠𝐚𝐥 𝐩𝐫𝐢𝐯𝐢𝐥𝐞𝐠𝐞 𝐚𝐧𝐝 𝐭𝐚𝐱 𝐚𝐝𝐯𝐢𝐜𝐞   We recently advised a Luxembourg law firm on a crucial and widely publicized matter involving an order to disclose tax-related client information based on a request from another EU Member State. This raised significant questions about the scope of legal privilege rules, leading to a recent decision by the Court of Justice of the European Union (CJEU).   In our latest podcast, members of our tax and disputes teams explore this decision and its wider implications, including: the impact of the ruling, the increasing criminalization of tax matters, the influence of other cases on privilege rules, and factors clients need to consider. 🎧 Tune in here: https://lnkd.in/em3akFHY   Jean Schaffner | Julie Kofler | Hippolyte MARQUETTY | Gareth Banfield #CJEURuling #LegalPrivilege #TaxAdvice #LegalPodcast #AOShearman

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The Luxembourg Court of Cassation confirms that the bankruptcy receiver should be a defendant in bankruptcy appeal proceedings. Read our latest newsflash by our experts Ariel Devillers and Eric SAUVAGE and find out why leaving the bankruptcy receiver aside could be fatal. #newsflash #actualité #caselaw #jurisprudence #litigation #contentieux #insolvency #faillite

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Join us on Friday 22/11 10.30am CET for a short LinkedIn #Live on the #Belgian Innovation Income Deduction (#IID). The #webinar is aimed at #startup and #scaleup operators who are exploring #IID (or have never heard about it 🤔). Registration link in first comment. #Alongsight #software #developer #innovation #tax #belgium #BELSPO #research #development #ruling #breakeven #venture #ecosystem

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If you are involved in French Tax Affairs and you speak French this webinar regarding the French guilty plea under French Criminal tax Law, organized by Institut du Droit Pénal Fiscal et Financier should be very useful for your practice.

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📅 Last January, the Fiscal Chamber of the Liège Court of First Instance ruled on a case involving the Belgian State and referred the matter to the Court of Justice of the European Union (CJEU) through a preliminary question. 💡 In this case, the company contested a corporate tax assessment, arguing that the inability to deduct the Dividends Received Deduction (DRD) in the context of intra-group transfers violated Directive 2011/96/EU, known as the Parent-Subsidiary Directive. ⚖️ The Court of Justice of the European Union will have to rule on the Belgian legislation excluding the possibility of deducting the DRD for the current year on amounts transferred intra-group. ➡️ Read about the latest contribution of our Tax Lawyers Olivier Hermand and Patrice Delacroix in L'Echo (in French) here: https://lnkd.in/eAkwj5FT #TaxLaw #PwCLegal #CJEU #courtofjusticeoftheeuropeanunion #DRD #definitivelytaxedincome #intragrouptransfers

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📣 CJEU judgement in relation to the 8th EU Directive ⚖ The case C-746/22, judged on May 16, was opposing the Slovak-established company against the Hungarian tax authorities. The CJEU confirms that the one-month deadline laid down in Article 20, paragraph 2, of the 8th European Directive for provision of additional documents to the tax authorities of the member state of refund is not a limitation period. In the event of the VAT reclaim rejection due to non-transmission of the requested documents within a period of 30 days, the foreign company has the right to provide them at a later stage within an appeal procedure, regardless the instance : ✔ before a first-tier tax authority (C-133/18) ✔ before a second-tier tax authority (C-746/22) 📌 Thus, non-resident companies having obtained a refusal of VAT refund in Hungary for the reasons mentioned above should consider the ways of appeal. Find more details and analyses in our below article 👇 https://lnkd.in/evqYChQK Siouzanna Maignan #vatrefund #Hungary #CJEU

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𝐋𝐞𝐱𝐨𝐥𝐨𝐠𝐲 𝐢𝐧-𝐝𝐞𝐩𝐭𝐡: 𝐓𝐚𝐱 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐚𝐧𝐝 𝐋𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐁𝐞𝐥𝐠𝐢𝐮𝐦   Caroline Docclo authored the Belgian chapter for the 2024 edition of Lexology in-depth - Tax Disputes and Litigation. This guide provides a practical overview of tax dispute issues across key jurisdictions, with Caroline detailing Belgium's tax dispute resolution framework.   Belgian tax procedures generally do not require fees for engagement with tax authorities or courts. While tax procedures can be slow, administrative resolutions are common through open discussions with tax authorities. Services like the Ruling Commission and the Tax Conciliation Service provide assistance in preventing or resolving disputes.   👉 Read the full article on our website: https://lawand.tax/3xGhhIy #tax #belgium #taxdisputes #litigation #lawandtax

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Cross-Border Dispute Resolution in Tax Matters: A Luxembourg Overview In our latest article published in IBFD, Andrea Addamiano, Tax Counsel at Baker McKenzie Luxembourg provides valuable insights into the procedures available to Luxembourg taxpayers involved in cross-border tax disputes. While the goal of resolving these disputes remains the same, the options can differ significantly when multiple states are involved. Understanding these procedures is crucial for making informed decisions and Andrea’s insights will help you navigate these complexities effectively. The article is available in European Taxation 2024 (Volume 64), No. 11 or online: https://lnkd.in/engpnG6M Baker McKenzie Baker McKenzie Luxembourg IBFD #TaxLaw #CrossBorderTaxation #Luxembourg #IBFD #TaxDisputes #BakerMcKenzie #BakerMcKenzieTax #TaxFromEveryAngle

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[⚡ #Newsflash] - Directors’ fees are not subject to VAT in Luxembourg. On 22 November 2024, the Luxembourg District Court (the Tribunal) has issued a judgment (2024TALCH03/00180) following a preliminary ruling by the Court of Justice of the European Union (CJEU) issued on December 21, 2023 (C-228/22). This decision confirms and applies the CJEU's interpretation of the VAT treatment applicable to directors’ fees. The Tribunal sought the CJEU's interpretation on two key issues concerningdirectors of public limited liability companies (sociétés anonymes) governed by Luxembourg law: 1. Whether the activity carried out by these directors constitutes an "economic activity" within the meaning of Article 9 of the VAT Directive. 2. Whether this activity is carried out "independently." For further information on the CJEU’s decision please refer to our autumn newsletter here: https://lnkd.in/enqKWuMz Read more: https://lnkd.in/gszXFsVB 📧 For further questions, contact our team of experts: Julie Carbiener, Camille Bénézet, Pietro Casablanca, Nicolò Lamperti and Emma Sandoz. #tax #news #insights #law #legal #luxembourg

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On Tuesday 22 October, the Court of Appeal handed down judgment on the question of whether a State can claim immunity to resist registration of an ICSID award. The proceedings concerned two joined appeals: Border Timbers Ltd and another v Zimbabwe and Infrastructure Services Luxembourg S.A.R.L. and another v Spain. The States in both cases claimed immunity from the adjudicative jurisdiction of the UK courts in proceedings brought by the investors to register and enforce the respective ICSID awards. The basis on which they attempted to resist registration was section 1 of the State Immunity Act 1978 (UK), which accords State immunity to foreign States before the courts of the UK unless an exception as set out in the State Immunity Act 1978 (UK) applies. The Court of Appeal found that foreign states cannot rely on state immunity to set aside the registration of ICSID awards. The 3VB team representing the investors (Border Timbers Ltd and Hangani Development Co. (Private)) in the appeal against Zimbabwe comprised Christopher Harris KC leading Dominic Kennelly and Catherine Drummond, instructed by Edward Poulton, Katia Contos and others of Baker McKenzie LLP. Cameron Miles represented Spain in the joined appeal. Read more here: https://lnkd.in/ehaz2Wvy

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The Court of Justice of the European Union clarifies the conditions under which pension funds might benefit from the VAT exemption for special investment funds. Our VAT team prepared you a newsletter and is at your disposal should you have any questions! Hugo Dumas, Sophie Plancher, Alexandre Ceugniez Read more: https://lnkd.in/ewUv_KHe #Tax #newsletter

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Belgium: Important development on the permanent establishment risk inherent to cross-border telework The Belgian Tax Authorities are expected to take the general position that no fixed establishment PE exists in the situation where cross-border telework is performed for less than 50% of the teleworker's working time during any rolling 12 month-period, even when said telework is structural and mandatory. This practical approach should be considered applicable under the vast majority of the double tax treaties concluded by Belgium, in both in- and outbound situations. This appears from an answer by the Minister of Finance to a parliamentary question earlier this year. https://lnkd.in/eauaX_9m

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The Belgian rules on controlled foreign companies (CFCs) were amended by the Program Law of 📆 22 December 2023. The new rules raise a number of questions and the tax authorities have provided some important initial clarification regarding the definition of CFC and the application of the participation requirement. Further clarification is expected, but as the rules are effective as from #tax year 2024 (i.e., for financial years ending on or after 31 December 2023) taxpayers will have to take a position in the near future regarding the application of the regime when preparing their financial statements and corporate #Incometax return. Read More ➡️ https://deloi.tt/3whZW86 Hugues Hertay, Michael Van Gils, Filip Delepiere

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✏️ The fourth edition of our Luxembourg corporate law-focused case law briefing is now available!   In this edition, our Corporate team has identified and analyzed the 2023 calendar year rulings most relevant to actors in the corporate and M&A sector.   Click here to view the full publication 👉 https://lnkd.in/eHifiNyZ #Corporate #MergersAcquisions #Luxembourglaw #AOShearman

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Following the Belgian general elections last May and the formation of new regional governments, Belgium has experienced a downward trend in registration and inheritance taxes, which are largely the responsibility of the regions. The new Walloon government has presented details of the new tax measures, significantly reducing inheritance and gift taxes as well as the rate of registration tax applicable to properties intended to become one's sole residence. The new Flemish government wants to adopt tax cuts for small and medium-sized wealth, offset by savings and new taxes for the "better off". They too plan a reduction of the rate of registration tax on property intended to be used as one's sole residence, offset by an increase in the rate of registration duty applicable to estate agents. A general reduction in inheritance tax rates is also planned for small and medium-sized estates in the Flemish Region. The new government has not yet provided more precise figures, but the current gift tax will still be more attractive than the future inheritance tax. In the Brussels Region, no decision has yet been taken, pending the formation of a majority coalition. Read our article outlining the measures introduced by each region ⬇ https://lnkd.in/eP84GdpP For more details on the new taxation policies of Belgium’s regional governments, contact Stephanie Houx and Arnaud Devos. #RegistrationTax #InheritanceTax #GiftTax #WalloonRegion #FlemishRegion #cmslaw CMS Tax Group

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