Angelika Xygka

New Position of Belgian VAT Authorities on Credit Insurance The Belgian VAT authorities will implement the Euler Hermes EUCJ case as from January 1st, 2025. 😨 This is not a good news as the VAT refund on bad debts relating to amount indemnified will be limited. Read more: https://lnkd.in/eTCMzHNy

7

The #AG Emiliou delivered an opinion in response to the request of the Dutch Supreme Court for a preliminary #ruling. The arm’s length principle (#ALP) should not serve as the proportionality standard for some types of interest limitation rules. The article by Svitlana Buriak of Loyens & Loeff explores the possibility of the ALP being suitable in certain contexts, rather than being completely disregarded. Read the full article on the Kluwer International #Tax Blog.

4

On April 23 the Dutch tax authorities released a very important new decision regarding the transitional law for the 30% ruling and the 30/20/10 reduction introduced per January 1, 2024. It has long been unclear whether the transitional law applies if the 30% ruling is not yet applied in the payroll during the request period of the ruling. It is now officially confirmed that the transitional law also applies in situations when the 30% ruling is effectuated in the payroll with retroactive effect. This decision also applies for the salary cap introduced per 2023. Check the full article here: https://lnkd.in/evWhD3Yg Want to know more? Please contact Maarten de Vries or Yvonne Bakker.  #atlasfiscalisten #ruling #payroll #wagetax #wtsglobal #transitionallaw 

36

𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐇𝐚𝐬 𝐍𝐨 𝐁𝐨𝐮𝐧𝐝𝐚𝐫𝐢𝐞𝐬 𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥𝐬 𝐛𝐞𝐜𝐨𝐦𝐢𝐧𝐠 𝐔𝐒 𝐑𝐞𝐬𝐢𝐝𝐞𝐧𝐭𝐬 𝐟𝐨𝐫 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐑𝐞𝐚𝐬𝐨𝐧𝐬 𝐞𝐧𝐭𝐢𝐭𝐥𝐞𝐝 𝐭𝐨 ‘𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐒𝐞𝐫𝐯𝐢𝐜𝐞’ 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝐄𝐱𝐞𝐦𝐩𝐭𝐢𝐨𝐧 The allocation of taxing rights in cross-border transactions is complex and has always been a controversial issue. A common question for taxpayers is whether they are entitled to a refund of taxes withheld if the taxing rights do not belong to the state? In this edition of 𝐀𝐫𝐨𝐮𝐧𝐝 𝐓𝐡𝐞 𝐆𝐥𝐨𝐛𝐞, we spotlight a recent ruling by the Dutch Court of Appeal on this issue. The Court held that if the taxing rights are not with the state, any taxes withheld must be refunded. The decision and the analysis can be accessed from the following link: https://lnkd.in/g4yvCchG If you are keen on receiving tax treaty insights, subscribe now to WhatsApp channel https://lnkd.in/gcA_eGGk #NetherlandsCourtofAppeal #Dutch #Article20 #USA #allocationoftaxingrights #taxing rights #RoyalNetherlandsAirForce #petition #judicialrights #taxavoidance #taxevasion #residentstate #sourcestate #DTAA #OECD #Internationaltax #taxplanning #treatyinsights #courts #opinions

1

Why must the Dutch Supreme Court resist the temptation of “fraus legis” to follow the CJEU’s interpretative guidance in X BV? That is the question that Błażej Kuźniacki of PwC Netherlands answers in this article. The introduction gives insight in the case's history, some facts, dispute and preliminary questions, the CJEU's decision and the conclusion to whether or not the Dutch Supreme Court should resist the temptation of “fraus legis” and follow the CJEU’s interpretative guidance in X BV. If not, it may fail to respect EU primary law. #taxlaw #CJEU #Netherlands #decision #frauslegis #EU

19

1 commentaar

Legal certainty is one of the general principles of #EU Law, where the significance has been developing over many years going back to the early case-law of the Court of Justice. This article depicts the understanding and position of the principle of legal certainty in the #tax and #customs #caselaw of the Court of Justice. Krzysztof Lasinski-Sulecki-Sulecki attempts to establish whether the principle of legal certainty impacts the construction of the EU law. Published in the EC Tax Review on kluwerlawonline.com

20

1 commentaar

The European Union's Council of Ministers has reviewed and updated the list of non-cooperative countries and territories for tax purposes. The European Union's Council of Finance Ministers (Ecofin) found that the countries and territories on the list were not cooperating on tax matters and asked them to work with the EU Code of Conduct Group to resolve problematic issues. You can read more about the topic on our website: https://lnkd.in/d5JP_TQg #eu #tax #legalupdate #kcgpartners

9

«Denying VAT corrections based on the form of documentation, whether receipt or invoice, violates the principles of fiscal neutrality, effectiveness, and equal treatment enshrined in EU law. It is a well-established principle in EU jurisprudence that Member States can lawfully withhold undue tax refunds if they lead to unjust enrichment. However, this principle must be applied with precision.» #VATrefund #fiscalneutrality #effectiveness #equaltreatment #burdenofproof #EULaw Read the full Column by Dalila Mendes Leal here: https://lnkd.in/dfUQmWxY

13

1 commentaar

The Court of Justice of the European Union (CJEU) has handed down a crucial ruling concerning the discriminatory taxation of dividends received by non-resident insurers in the Netherlands, which could have significant implications for non-resident insurers in Belgium. While previously the burden of withholding tax in the Netherlands was neutralised for resident insurers only, the CJEU ruled that this difference in treatment constituted an unjustified restriction on the free movement of capital. The CJEU's decision paves the way for recourse by non-resident insurers that have invested in Belgian companies and suffered unjustified withholding tax on dividends. They could now seek repayment of the withholding taxes unduly withheld. The claim for repayment of the withholding tax overpaid in 2020 must be submitted to the Belgian tax authorities by 31 December 2024 at the latest. Do not miss out on this opportunity. Contact your tax advisers now to start the necessary steps. Read the full article here: https://lnkd.in/eAAuntcN For more information, contact Olivier Querinjean, Lancelot Decaesstecker and Emmanuel Dehan. #Insurance #TaxRelief #Belgium #Class23 #NonResidentInsurers #TaxOpportunities #cmslaw

4

The European Council has officially approved the VAT in the digital age proposal (ViDA). There have been several changes compared to the initial proposal of the EC following a number of delays and as always compromises. The timetable of the 3 pillars has been extended. These pillars will be gradually implemented between July 2028 and January 2035. Most notably remains the digital reporting requirements and e-invoicing becoming mandatory for intra-EU sales. Member states will have the option to require this for domestic sales as well. Starting early 2025 the required derogation by the EC for introducing e-invoicing is withdrawn. This means that Member States are allowed individually to introduce country specific rules. It is important to plan ahead to secure IT time, resources and budgets and have a single solution in the EU or even globally. #EY #ViDA #vatinthedigitalage

101

2 commentaren

On 23 April 2024, the European Parliament approved the proposal of the EU Forced Labour Regulation (“Regulation“). The text of the Regulation was approved on first reading with 555 votes in favour, 6 against, and 45 abstentions. Under the Regulation, all products (including their components) manufactured using forced labour or placed and made available on the market in the EU, or exported from the EU will be banned. For further details and to know the next steps following the approval of the Regulation, please refer to our new blog post: https://lnkd.in/ee_9UmC3 #forcedlabour #supplychain

21

The study analyzes the effectiveness and normative coherence of the four De #Minimis exclusions in the #EU's Anti-Tax Avoidance Directive (#ATAD) controlled foreign company (#CFC) rules, concluding that while Model A exclusions have limited effectiveness, Model B exclusions lack justification and should be removed. Monique Malan wrote the article for the journal Intertax, including an introduction, the CFC legislation in the EU, the purpose of De Minimis exclusions in CFC legislation, evaluating the De Minimis exclusions, and ending with a conclusion. The article is published on kluwerlawonline.com

5

On 14 May 2024, the Council of the EU reached a political agreement on a compromise text of the #FASTER Directive, which intends to significantly improve efficiency and legal certainty in certain withholding #tax relief procedures in EU capital markets. The compromise text is now ready for re-consultation with the European Parliament and afterwards for final adoption in the Council. Once formally adopted, Member states would have to implement the FASTER Directive by 31 December 2028 and apply its provisions as from 1 January 2030. With my colleagues Imme Kam, Dennis Tol and Ruben van der Wilt, we prepared an overview: https://lawand.tax/4bkz4DI

26

INTERNATIONAL TAX PLAZA - The Lithuanian Tax Disputes Commission referred questions on the anti-abuse rule of the Parent-Subsidiary Directive to the CJEU for a preliminary ruling On June 21, 2024 on the website of the Court of Justice of the European Union (hereinafter: CJEU) questions referred by the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės (Tax Disputes Commission under the Government of the Republic of Lithuania) to the Court of Justice of the European Union (hereinafter: CJEU) regarding the applicability of the anti-abuse rule of the Parent-Subsidiary Directive (Council Directive 2011/96/EU) for a preliminary ruling were published. The request of the Lithuanian Tax Disputes Commission was lodged on March 26, 2024 (Case C-228/24, Nordcurrent group’ UAB versus Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos). Basically, the questions referred to the CJEU comes down to the question whether the anti-abuse rule applies to the situation in which the tax authorities consider a foreign subsidiary to constitute an arrangement since according to the Lithuanian tax authorities the foreign subsidiary does not meet the minimum substance requirements that would justify the profits attributed to the foreign subsidiary. https://lnkd.in/eCU-_PNq

8

Important change related to data privacy legislation in Turkey

13

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

16

No fines when enforcing labor relations with self-employed persons and more On 18 December, the Enforcement Plan for Labor Relations Tranche 2025 was published on how the Dutch Tax and Customs Administration will monitor and enforce labor relations in the Netherlands starting 1 January 2025: https://lnkd.in/eAPW2Vef The Enforcement Plan is based on a 'soft landing' approach as requested by the Lower House: The key points in this plan are: - after-tax payroll tax and social security contributions will remain as usual. - no default and fines will be imposed. - the Tax and Customs Administration will hold discussions with companies about the hiring of self-employed persons by means of company visits and, if necessary, will remind companies to pay attention to the qualification of the employment relationships and possible risks of false self-employment. - this counts as a (non-official) warning and thus the opportunity to adjust business operations. - company visits can be followed up by audits, possibly resulting in the imposition of corrective obligations (via an instruction) and, if necessary, the retroactive levying of payroll taxes due. - retroactive levies will not go back further than 1 January 2025, unless there is malicious intent, or the instruction was given before 1 January 2025. - model agreements already approved by the Tax and Customs Administration shall remain in force and are automatically extended until 31 December 2029. Tip: we advise companies to remain critical of properly setting up the hiring process of self-employed persons and take the necessary management measures (what is and is not possible). #clintlittler

10

1 commentaar

#CJEU confirms Dutch law limiting interest deductions on intra-group loans is legal, a move to combat tax fraud. More details: https://lnkd.in/dGwX4YSX   #TaxCompliance #TaxLaw #CorporateTax #TaxPolicy #Tax #Taxes #Taxation #TaxNews #News Court of Justice of the European Union

2