Category: Andersen in Belgium

The Advocate General addresses the question whether the withholding tax exemption under the Parent-Subsidiary Directive may be denied even where the immediate EU parent company is a genuine company and the beneficial owner of the dividends. The opinion suggests that in the case of a distribution of profits by a subsidiary to its parent company which is the beneficial owner of the dividends, there…

New binding social objective through 2042 The most significant change concerns the introduction of a new binding social objective (BSO) for the period 2026-2042. The decree stipulates that the existing social housing stock must be expanded by 50,000 additional social rental units by no later than December 31, 2042 (Article 2.23, §1 VCW). This objective…

1. Background and scope of the new obligation Directive (EU) 2023/2673, amending Directive 2011/83/EU as regards financial services contracts concluded at a distance and repealing Directive 2002/65/EC, inserts a new Article 11a into the Consumer Rights Directive. This introduces a new obligation for traders concluding distance contracts with consumers through online interfaces. Although the Directive…

Under certain conditions, this regime allows (the assets of) family businesses or (the shares of) family companies to be transferred free of donation tax or inherited at reduced inheritance tax rates (3% or 7%). As a result, the regime has become an important tool in family wealth and succession planning. As from 1 January 2026,…

While the general structure of the mechanism remains broadly consistent with previous regularisation cycles, recent administrative practice reveals a marked tightening of both the cost of regularisation and the evidentiary requirements imposed on taxpayers. Established by the Programme Law of 18 July 2025, published in the Belgian Official Gazette (Moniteur belge) on 29 July 2025, the DLUquinquies…

The reason is clear. Although the European Union benefits from an internal market, businesses still face, in practice, diverging national rules, formalities and administrative procedures. For start-ups, scale-ups, investors and international groups, this fragmentation remains a barrier to growth, financing and cross-border expansion. The EU Inc. aims to provide a pragmatic response to these challenges.…

The EU transposed these rules through Council Directive (EU) 2022/2523 of 14 December 2022. Belgium implemented the Directive by way of the Law of 19 December 2023 (the “Belgian Pillar Two Law”), as amended by the Law of 12 May 2024. The rules apply to MNE groups and large-scale domestic groups with consolidated annual revenues…

This new mechanism, outlined in a brochure published by the Belgian Federal Public Service Finance (“FPS Finance”) on 22 April, has become the central instrument governing the financial relationship between taxable persons and the tax authorities. While the underlying principles remain unchanged for businesses that comply with their obligations, the practical implications for monitoring payments,…

A vendor due diligence essentially means that a transferor or seller, before the actual sale process is initiated, even before the company is brought to market, conducts an internal review of the company in order to identify potential issues or deal breakers (matters that could affect the purchase price or result in extensive warranty obligations)…

1. A “Disguised Right of Pre-emption” in Practice Although this does not constitute a classic right of pre-emption, whereby the tenant simply steps into the position of a third-party purchaser, the system does require the seller to first submit a concrete and complete offer to sell to the tenant. In that sense, this right of…