Belgium: Fairness tax

Alessandro PasutThe excess determined by the last tax measures is reduced by the amount of any dividends that resulted from previously taxed reserves built up during tax year (at the latest) or prior periods. The result achieved after the first and second step of the tax measures will be multiplied with a percentage reflecting the proportion between on the one hand certain tax attributes (i.e. previous tax losses and notional interest deduction) and on the other hand, the taxable result of the taxable period. While the fairness tax does not apply to small and medium sized companies, non-resident companies, i.e. companies with a Belgian permanent establishment, are liable to pay the tax. Distributed dividends are defined for the purpose of the fairness tax as the part of the dividends distributed by the company in proportion to the positive share of the accounting result of the Belgian establishment in the global accounting result of the company.

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