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Are Belgian residents discriminated against when it comes to taxation on French dividends?

This article was written by Hannelore Durieu, Stephanie Vanmarcke.
Contact us for more info at contact@vandelanotte.be.
France
The French Council of State is of the opinion that Belgian residents receiving French dividends are being discriminated against compared to shareholders residing in France and receiving French dividends. By virtue of the double taxation treaty between France and Belgium, Belgian residents pay a withholding tax of 15% on French dividends they have received, and another 25 % taxation on dividends will be levied in Belgium. This amounts to a total taxation of 36.25% and is therefore discriminating Belgian residents.  

The French administration has not yet taken any measures in this matter. Whether the foreign withholding tax (15%) can be claimed back needs to be examined on a case-by-case basis.  

If you wish to know how much impact this recent case law will have on your situation, do not hesitate to contact us.

Contacteer ons via: contact@vdl.be

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