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This article is only available in Dutch....

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Saskia Lust, co-head of our Family Owned Business and Private Client practice, wrote an article on the Belgian ‘Cayman tax’ and its impact on wealth and estate planning in Belgium. This article, published in the Trusts and Trustees journal of 28 December 2017 (Oxford University Press), is the written reproduction of the presentation Saskia Lust gave at the Benelux STEP Conference in Luxembourg on 26 September 2017. The Belgian federal government has reinforced the Cayman tax, as part of a…...

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On 22 December 2017, the Belgian parliament approved the Corporate Income Tax Reform Act that includes among others a reduction of the corporate income tax rate, a minimum taxable basis, a reform of the holding regime and a tax consolidation regime. The Income Tax Reform Act was published in the Belgian Official Gazette on 29 December 2017. Some of these new measures are briefly described hereunder. For a complete and more detailed overview of the new measures please refer to…...

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Following the increasing difficulties with the enforcement of the legislative framework applicable to Food for Special Medical Purposes (FSMP) reported by national authorities of Member States, the European Commission has published on 25 November 2017 the Notice on the classification of FSMP. This gives the opportunity to take a closer look at this type of products. FSMP vs ‘common’ food National authorities have been faced with an increasing number of products placed on their markets as FSMP and, in particular,…...

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On the 6th of February 2018 the European Court of Justice (ECJ) delivered an important judgement concerning the social security-certificate E101/A1. Certificates issued by another Member State can be disregarded if they were fraudulently obtained and the competent authority doesn’t review or withdraw the certificate in the light of these (new) circumstances. This judgement will most definitely have an impact on the legal certainty of these certificates. It was the Belgian Supreme court who demanded a preliminary ruling upon the…...

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The Belgian VAT exemption has been restricted since December 2017 upon request of the European Commission. While article 148 of the EU VAT Directive provides in a VAT exemption for “vessels used for navigation on the high seas” the Belgian VAT exemption only spoke of ‘seagoing vessels’[1] so that it did not matter whether those vessels were effectively used for an activity on the high seas. This interpretation was considered too broad and thus not in line with the EU VAT Directive. The…...

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For effective estate planning at international level, one needs to get an in-depth understanding of a series of legal systems. It is only by comparing the pro’s and con’s of each system that one will be able to take the best informed decision. Given the increased complexity of tax and legal systems and the increased scrutiny of tax authorities, advising private clients becomes an even more delicate matter. With this in mind the International Comparative Legal Guide: Private Client 2018…...

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Holiday accumulation is the next step for employees to plan their career and work – life balance. Since these provisions of the law on agile and workable work come into effect on 1 February 2018, this newsflash briefly explains what the system of holiday accumulation means, how it is introduced, what needs to be done in the event of a possible termination of the employment agreement and a short introduction to an already existing alternative. 1. What exactly does the…...

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The draft Belgian Companies Code is expected to be approved before summer. It provides for a number of fundamental changes in the key principles governing the legal situation and functioning of directors of Belgian companies. The aim of this seminar is to provide you with (i) a survey of the main changes, from both a corporate and employment law perspective as well as (ii) tips and tricks to reflect these changes in management agreements. The topics will include: New principles…...

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This article is only available in Dutch....