Income from SCIs no longer subject to double taxation?
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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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