Belgium: recovery of dividend

Alessandro PasutBelgium

Recovery of Belgian dividend withholding tax by non-resident investment companies

In practical terms the Belgian tax authorities will only consider claims to be validly filed insofar as they relate to Belgian source dividends paid or attributed to non-resident investment companies between 1 January 2007 and 31 December 2012. For dividends and interest paid or attributed as from 1 January 2013, the circular states that the legislation will be amended.

The circular also states that the tax authorities will limit dividend refund claims to those filed by entities providing sufficient proof that they qualify as an investment company regulated by EU Directives 2009/65/EC and 85/611/EEC and have not been able to credit the Belgian withholding tax nor to obtain a refund in their country of residence.

Finally, the circular states that dividend refund claims filed by regulated investment companies will be treated with priority. Even though the above mentioned Court decision also declared the levying of a withholding tax on interest payments contrary to EU law, the circular takes no position as to this type of reclaims.

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