For the full contribution, follow this link: As one knows, the Brussels Region has through its famous Decree of 23 July 1992 (as modified by the same of 13 April 1995) critically narrowed the opportunities to obtain a waiver of the real estate tax by way of extremelly restrictive and […]
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VAT deduction right confirmed even where costs are not recharged in taxable transactions: a precedent in the car leasing sector *
After having recently ruled over the qualification of leasing agreements with call option as a supply of goods or services [1], the ECJ has now investigated the VAT treatment of hire purchase transactions and, more precisely, the right to deduct the input VAT on costs incurred by the lessor. […]
VAT deduction right confirmed even where costs are not recharged in taxable transactions: a precedent in the car leasing sector *
After having recently ruled over the qualification of leasing agreements with call option as a supply of goods or services [1], the ECJ has now investigated the VAT treatment of hire purchase transactions and, more precisely, the right to deduct the input VAT on costs incurred by the lessor. […]
Real estate development based on a long leasehold and marketing costs: what about the VAT?
When it comes to real estate development, it happens frequently that the developer erects the constructions based on a mere long leasehold with deferral of the ownership transfer. As a consequence, prospective buyers are being offered to contract with two distinct sellers: the developer with respect to the constructions (either […]
VAT: shall a lease agreement with call option be qualified as a supply of good or service?
The European Court of Justice has delivered, on the 4th October 2017, important clarifications regarding the characterisation as a “supply of service” or “supply of good” under the VAT legislation of a lease contract with a call option. Relevant issue, if any, as the lease is subject to tax, in […]
The new tax reform deeply impacts M&A transactions
Le contexte fiscal entourant les opérations de (re-)structuration des entreprises connaît des changements importants. Eric-Gérald Lang, avocat spécialisé en droit fiscal et fondateur du cabinet Lang Legal, nous en livre un aperçu. Quel est le contexte fiscal dans lequel évoluent les (re-)structurations d’entreprises ? Eric-Gérald Lang : « La fiscalité des entreprises se complexifie à outrance. Elle s’inscrit dans […]
The valuation of the usufructs: which standard to use?
An accurate valuation of the usufructs is a precondition to a successful operation, mainly to avoid the risk of taxation of a deemed remuneration in kind in the head of the director and/or the disallowance of the related costs incurred at the level of the company. But, as we […]
In-house capital gains: first ruling re the “sale” of shares to a (partly) affiliated holding
Depuis la refonte du régime des plus-values internes par la Loi-programme du 25 décembre 2016, l’ « apport » d’actions par une personne physique à une holding interne a perdu beaucoup d’attraits (sinon s’avère désastreux). Aussi, la « vente » des actions devient-elle la seule piste concevable et était-il prévisible […]
The tax treatment of in-house capital gains: an update further to the budgetary agreement for 2018
The tax treatment of in-house capital gains has been subject to critical developments over the last years. Since 2017, a new corporate tax regime ensure the tax neutrality of capital gains realized out of contributions in kind of shares. In addition, the tax treatment of capital decrease realized after such contributions of […]
Array of discussions regarding the new option for the application of the VAT to immovable leases for businesses
For the full version, click here / Belgium was still lagged behind other Member States while not allowing taxpayers to opt for the application of the VAT to immovable leases granted to tenants able to recover it. This should become a thing of the past as from 1st January 2018. On top […]