advocaten - attorneys
In the case of B2B sales abroad, the terms of your contract or your general terms and conditions can result in very different legal rules.
The Summer Agreement was intended among others to stimulate investments in growth companies. The government aimed to inject an extra boost into our economy by giving private individuals a tax benefit when they increase the capital of a growth company. The ink was not yet dry on the relevant legislative initiative and a number of important changes were already foreseen to prevent abuses.
By combining the best of a local law firm with the strengths of a top-tier company, De Langhe Attorneys is a trustworthy partner for many businesses presently in the Flemish market, or planning to enter. From their new office in Brussels, they work across the Belgian borders, specialising in international tax law.
Legal, tax and financial. The extensive team of specialists at De Langhe Attorneys guarantees a comprehensive approach to complex cases. “Our interwoven expertise definitely offers added value in the acquisition and disposal of companies,” says Sara Burm, head of the Corporate and M&A department.
A year ago, we reported on the government’s intention to introduce a legal framework for VAT-taxed property rental. Now the final draft law has finally been published (http://www.dekamer.be/FLWB/PDF/54/3254/54K3254001.pdf). With a planned entry into force on January 1, 2019, it is worthwhile to provide the outlines now so that you can take this into account when planning your future projects.
The corporate income tax reform law of 25 December 2017 brought about many tax adjustments. One of the measures, the introduction/adjustment of the minimum remuneration requirement of EUR 45 000, created a number of uncertainties. With the Act of 30 July 2018, the legislator is now creating more clarity.
Following the abolition of bearer shares in 2005, the anonymity of shareholders is increasingly disappearing. The time that the (family) shareholder keeps the share register in a safe and frenetically clings to the confidentiality is disappearing.
After the takeover and subsequent refinancing of Fieva in 2016, Obton – a prominent Danish investment fund in renewable energy- has strengthened her position on the Belgian renewable energy market once more by acquiring the shares of Greenfrun.
Lead by Werner Heyvaert, the tax team of De Langhe Attorneys has completely updated the Belgian chapter of the digital book “Outbound Acquisitions: Tax Planning for European Expansion in a Changing Landscape” (2018 edition – published by the prestigious Practising Law Institute in New York – see https://www.pli.edu).
Once again, Intermat achieves to grow through acquisition. By taking over 100% of the shares of NV Alle Bouw Machines, Intermat realises a complementary growth of its activities in sale and renting of building equipment. Both geographically (Intermat is currently positioned in 5 different locations) and product wise.
After the successful takeover of Berle earlier this year, Vybros expands – through Raes Constructies – her activities as technical service provider and in the area of metal construction works. At the same time, founder and strong entrepreneur André Raes commits to stay involved in the further development of the company.
The Netherlands abolishes dividend withholding tax and France reduces its dividend withholding tax for non-resident individuals. What is the impact for Belgian shareholders?
Together with the current management directed by Walter Kestens (Tienen Invest Maatschappij), who also enter into the share capital of BV Troost Mechanical Services, Vybros engages itself to set a new course for the Dutch company. Vybros considers this investment as complementary to its current activities relating to technical services and metal processing.
The interest that a company pays on loans is in principle deductible as a professional expense, provided that a number of thresholds are met. One of these thresholds is the so-called “thin capitalisation regulation”, which limits the deduction of interest for companies that are over-indebted in relation to their equity (undercapitalisation).
The Ultimate Beneficial Owners (“UBO”) register was established by the Act of 18 September 2017 on the prevention of money laundering and the financing of terrorism, and implemented the fourth European Anti-Money Laundering Directive. The general principles were further elaborated by royal decree. The text is ready, only the publication is delayed.
After an era that almost spans half a century, the family Carrette has decided to hand over Westlease, the Belgian leasing company for small and medium sized companies, to Van Mossel Automotive Group, a prominent Dutch player on the leasing market with transnational ambitions. The collaboration between both companies shall undoubtedly strengthen their position on the Belgian market.
Provinces, cities and municipalities have tax autonomy that allows them to impose and collect taxes. It is up to the local authorities to decide on the criterion and the amount of the tax, but always in accordance with higher authorities. And there’s the rub….
After years of being a driving force behind the Berle family business, the Samyn family decided to entrust the business to Demeyer Construct. The synergy between Demeyer Construct and Berle will undoubtedly encourage further growth for both companies. The cohesion of both companies will offer growth opportunities to the employees and will result in a broader and better service to customers. Thanks to the long-term commitment of the former managers, a stable transition seems to be guaranteed.
The media recently reported that in the future the tax authorities will closely monitor if the valuation of the usufruct – in case of a split purchase (usufruct / bare ownership) of real estate – is performed on the basis of correct criteria.
Anyone thinking of converting their sole proprietorship into a company in order to escape the progressive rates and benefit from the recently reduced rates should take into account a possible valuation of cessation gains.
Boosted by Euro Meat Group located in Mouscron, five independent business partners from the meat industry (pork and beef) have joined forces within the newly incorporated network company Belgian Meat Partners. Together with Groep De Brauwer (Group Danis, The Duke of Berkshire®), Piron Gotta, Q-Food and Sobemax, the network company’s aim consists in further focussing on a sustainable and ethical Belgian meat business.
The notional interest deduction, introduced in 2005, was intended to eliminate the fiscal distinction between equity and debt for companies and to strengthen the development of SMEs.
1 March 2018, Werner Heyvaert will officially join the firm of De Langhe Attorneys. Werner is one of Belgium’s leading lawyers in the area of international taxation. Together with Managing Partner, Frank De Langhe and Partner Sara Burm, Werner will further develop the growth and strategy of the firm in the area of international tax law.
We are pleased to announce that our firm De Langhe Attorneys has been officially recognised as formation operator by the Belgian Institute of Accountants and Tax Consultants (IAB) commencing 1 February 2018.
De Langhe Attorneys organises seminars related to tax, commercial contracts and corporate law (M&A, acquisitions).
Vybros is joining forces with CEO and founder Patrick Reyntjens, who was elected West Flemish young entrepreneur of the year in 2015. Together, they aim to support GeoXYZ further and assist in its expansion.
Nieuwpoort loses the battle over taxes on second homes. This tax, which has 15 different rates, infringes the principle of equal treatment. This was the ruling of the Court of First Instance of Brugge after twelve second-homes owners had submitted a petition.
In twelve different rulings, owners who challenged the second home tax in Nieuwpoort were proved right. The court ruled that the tax violates the principle of equality and is therefore null and void. What are the consequences?
The tax authorities have various options for collecting tax information. One of them is particularly useful: an unannounced visit to the (company) premises allows the tax authorities to collect the information at source. Even though this power is subject to conditions, entrepreneurs should prepare themselves for such visits in order to avoid unpleasant surprises.
At the end of 2017, the bill to reform the matrimonial property law was submitted to the Chamber. The bill contains a number of changes that will be important for entrepreneurs.
Through the press and social media, we received the message that the sale of the shares of RSC Anderlecht by minority shareholders had to be concluded before 31 December 2017 for tax reasons. What exactly are the changes relating to capital gains on taxation that were implemented by the summer agreement?
On Monday 18 December, De Langhe Attorneys have worked “1 Hour for Life” in favour of the Belgian projects of SOS Children’s Villages as well as Somival.
As of 1 January 2018, if a subcontractor demands direct payment from a client of a construction project, the client can consign this payment and thus stay out of the discussion between subcontractor and main contractor. At the same time, the subcontractor can thus sooner attain certainty in the event of imminent bankruptcy of the main contractor.
On Monday 18 December, De Langhe Attorneys will work one hour in favour of the Belgian projects of SOS Children’s Villages and Somival!
On 7 June 2017, Belgium and 70 other countries signed the so-called multilateral instrument (MLI), which brings about an adjustment of the tax treaties of the signatories.
On 20 July 2017, the federal Parliament definitively approved the bill amending the inheritance law. As a result, most of the rules of the inheritance law – which date back to 1804 – have been modernised and adapted to current social needs. These new rules – which will apply to all estates that devolve as of 1 September 2018 – will have a major impact for entrepreneurs on estate plans that have already been performed and those yet to be implemented.
Last week we had a booth at the VRG student job fairs in Leuven and Ghent. VRG is the student “nation” for all law students and it stands for Vlaams Rechtsgenootschap (in English Flemish Law Society).
The government wants to lower the corporate income tax rate from 33% to 29% as of 2018 and to 25% as of 2020. This change was much needed to safeguard competitiveness with our neighbouring countries. However, the Summer Agreement also contains a number of measures to compensate for the loss of tax revenue. One of these measures is the amendment of the rules on capital reduction.
On Thursday 9 November 2017 we were pleased to welcome many interested guests to the lunch seminar in Ghent. On the agenda was the topic about which much has been discussed the last few months: the tax opportunities for 2018 in light of the Summer Agreement.
The ruling of the Belgian Supreme Court of 16 June 2017, gives individuals who receive dividends of French origin an extra bonus of 15,00% on the net dividend received.
While you enjoy your lunch, we guide you through the tax opportunities for 2018 in light of the Summer Agreement. Two of our tax experts will present the new rules relating to rate reduction, reinvestment gains, capital decrease, capital gains on shares etc.
Two main topics of the day:
The Federal government has reached a consensus on the modalities relating to the tax on securities accounts announced in their recent
Summer Agreement.
Some legal evolutions in the field of tax and company law give reason to reflect on the future prospects of your management company, or the establishment thereof.
The Netherlands abolishes dividend withholding tax and reforms the investment yield tax. France abolishes the wealth tax (a tax on the ‘rich’). Norway plans to substantially reduce its wealth tax. Even the United States is considering taxing investments less via fiscally transparent entities. Is Belgium hopelessly lagging behind in all this?
“We…are your partner”, the corporate image film of De Langhe Attorneys has won a Golden Dolphin Award at the Cannes Corporate Media & TV Awards in the category Online Media Corporate.
In July 2017 NV Vybros acquired, through its investment company NV Vybros Invest, the construction and engineering company Demeyer Construct.
On 13 July 2017, the House of Representatives approved the draft act concerning the insertion of book XX “Insolventie van ondernemingen” [Insolvency of Companies] in the Economic Law Code.
Over the past few months, the terms on which a matrimonial property settlement takes place at the time of death have been in the news repeatedly.
Besides the raft of reforms in corporate income tax on which the Federal government reached agreement and which we informed you about earlier, a major change in the VAT-treatment of property rental was announced.
On 20 July 2017, the Federal Parliament definitively approved the bill to amend the inheritance law. As a result, most of the rules of the inheritance law – which date back to 1804 – have been modernised and adapted to current social needs.
