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Income from SCIs no longer subject to double taxation?

This article was written by Hannelore Durieu, Stephanie Vanmarcke.
Contact us for more info at contact@vandelanotte.be.
Tax
For years now, a discussion has been going on with the Belgian tax authorities regarding taxation on income from French SCIs. Whilst in France, this income is qualified as immovable, and - according to the double taxation treaty between France and Belgium - levies tax on it, the Belgian tax authorities maintain that this income is moveable. Since the tax treaty allocates taxation on movables to Belgium, the income from SCIs is therefore subject to taxation a second time in Belgium.  

Recently, the courts of appeal of Mons and Ghent, however, have ruled that the income Belgian tax payers receive from French SCIs must be regarded as immoveable. Both courts have ruled that the distributed profit according to French law constitutes immoveable income. Subsequently, on the basis of the double taxation treaty, they have ruled that the immoveable income is subject to taxation in the source country. Belgium must therefor exempt this income from taxation (subject to progression).   

It remains to be seen in how far the administration will adjust its interpretation to these 2 positive judgements. Our specialists will keep you posted of any further developments. Do not hesitate to contact us should you have any questions in this respect.


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