Q1 - 2021

A transaction with the tax authorities is not deductible as a business expense

A transaction with the tax authorities is not deductible as a business expense

March 2021 – In 2014, the tax authorities conclude an agreement with a company and the directors of this company concerning the payment of the tax evaded. In addition to the taxes, the company pays a transactional amount. The Income Tax Code prohibits the deduction of fines. But does a transactional fine constitute such a non-deductible fine? ⟶

The digital general meeting of your company

The digital general meeting of your company

March 2021 – At the end of March 2020, at the beginning of the coronavirus crisis, the government had proposed a temporary solution for company general meetings. On the one hand, they were generally postponed and on the other hand, they could be held digitally. At the end of 2020, the legislator drew up a more definitive solution. ⟶

Company cars: benefits of all kinds in 2021

Company cars: benefits of all kinds in 2021

February 2021 – Where an employer makes a company car available to an employee or a manager of an undertaking, that employee or manager is taxed on the resulting benefit. The calculation of the benefit depends, among other things, on the CO2 emission of the vehicle in relation to the average emission of the Belgian car fleet. In 2020, after two years of increase, this average emission has gone down again. This is good news for the climate, but not so good news for your wallet. ⟶

Donation via the Netherlands now less attractive

Donation via the Netherlands now less attractive

February 2021 – A law published in the Moniteur belge of 11 December 2020 introduced a new obligation to register donations of movable property via a foreign notary, thus closing what has come to be known as the "cheese route" (in Dutch, "de kaasroute"). However, it is still possible to choose the route with the least restrictions. ⟶

When is remuneration paid?

When is remuneration paid?

February 2021 – The Income Tax Code (CIR) provides that the remuneration of company directors is taxable at the time it is allocated or awarded. As for withholding tax, the law stipulates that it must be withheld at the time salaries are paid or allocated. The Court of Appeal of Liège recently gave some words of explanation regarding the notions "attribute", "allocate" and "pay". ⟶

Belgium-France tax treaty: soon the end of double taxation of dividends?

Belgium-France tax treaty: soon the end of double taxation of dividends?

February 2021 – Belgian residents who receive dividends of French origin are subject to Belgian withholding tax and French withholding tax. This is not unusual. This is also the case for other dividends of foreign origin. However, the Franco-Belgian double taxation treaty provides for a tax reduction... and the Belgian tax authorities refused to apply it. The Court of Cassation called the tax authorities to order. ⟶