x
Select your language: NederlandsFrançaisEnglish
OPGELET! Het kantoor in Deinze is verhuisd naar Gent! Vanaf 15 februari 2017 verwelkomen wij u op onze nieuwe locatie in de Bijenstraat 22, 9051 Gent.
x

New European Directive issued against tax evasion

This article was written by Sven Loosvelt, Hannelore Durieu.
Contact us for more info at contact@vandelanotte.be.
New European Directive issued against tax evasion
On 19 July, the so-called "Anti-Tax Avoidance" Council Directive was published in the Official Journal of the European Union. The directive is part of the implementation of the OECD BEPS project (Base Erosion and Profit Shifting) and contains five specific points:

  • A general limitation of interest deduction up to 30% of the EBITDA of the company. However, the first 3 million of interest does not have to be limited;
  • Mandatory exit taxation in the case of the transfer of assets from a head office or permanent establishment out of a Member State, in the case of moving of the tax residence out of a Member State and in the case of the moving of a permanent establishment out of a Member State;
  • A general anti-abuse rule (GAAR) designed to counter purely artificial arrangements with the sole intention of obtaining a tax advantage;
  • An obligation on Member States to effectively tax the income of controlled foreign subsidiaries (CFCs) in low-tax jurisdictions. "Low Tax" means the corporation tax paid is less than 50% of the tax that would be payable in the Member State of the parent company;
  • A framework to address hybrid mismatches. This means that different Member States give a different characterisation to the same entity or payment, whereby for example double deduction can be effected.

Most of the measures have to be transposed by Member States into national legislation at the latest on 31 December 2018. In this way, most of the new rules will be effective from 1 January 2019. However, a transitional arrangement up until 1 January 2024 covers the limitation of interest deduction and other provisions.

In future, we will inform you about the specific effects of various new regulations. Please do not hesitate to contact us if you have any specific questions about the impact of this directive on your business.

This article was written by

We are also active in the following sectors

Only a few of our specialist sectors are listed here. Click here for the complete list.

More news

New VAT formalities for Belgian directors of Luxembourg companies
recent insight

New VAT formalities for Belgian directors of Luxembourg companies

Natural persons residing in Belgium and sitting on the Board of Directors of a Luxembourg company will have to comply with a number of Belgian VAT formalities from 1 January 2017 onwards.

Vandelanotte presents a new service: cyber security and data protection
recent insight

Vandelanotte presents a new service: Cyber Security and Data Protection

Data is the new gold, protecting it our newest challenge! Vandelanotte has decided to broaden its range of services with a number of new services.

Property tax advantage and reclassification of rental income from now on calculated on a daily basis
recent insight

Property tax advantage and reclassification of rental income from now on calculated on a daily basis

The Tax Office has changed the way in which the property tax advantage is calculated and reclassified rental income relating to the advantage gained from having property at one's free disposal.

recent insight

5 FAQs on VAT: as a non-resident company carrying out operations in Belgium (2)

Vandelanotte International is contacted by numerous non-resident companies that operate in Belgium when they come into contact with Belgian VAT. This week: stock in a Belgian warehouse.

Specific social and fiscal status for students who are self-employed
recent insight

Specific social and fiscal status for students who are self-employed

Until now, however, there have been no special rules regulating tax and social security contributions with regards to these student entrepreneurs. Thanks to the Act of 18 December 2016, self-employed students still qualify as dependent children.

Complete overview>
Vandelanotte Aalst
AalstGentse Steenweg 55
T: +32 53 72 95 00
Vandelanotte Antwerpen
AntwerpenHerentalsebaan 71-75
T: +32 3 320 97 97
Vandelanotte Brugge
BruggeTorhoutse Steenweg 250
T: + 32 50 39 28 75
Vandelanotte Brussel
BrusselEsplanade 1/85
T: +32 2 427 44 53
Vandelanotte Gent
GentBijenstraat 22
T: +32 9 381 51 81
Vandelanotte Kortrijk
KortrijkPresident Kennedypark 1a
T: + 32 56 43 80 60
Vandelanotte Tournai
TournaiAvenue de Maire 101
T: +32 69 22 64 95
Zele
ZeleNachtegaalstraat 8/w5
T: +32 52 21 85 07
Menu
Language selection
nlfren