Belgium finalises corporate tax measures in 2012 budget
07 February 2012
Matthew Gilleard - ITR
After a series of last-minute changes, the Belgian 2012 budget has been approved with changes being made to provisions for short term capital gains, stock options, thin capitalisation restrictions and the introduction of a new general anti-avoidance rule.
The capital gains exemption of 100% of the net capital gains amount will continue to apply, but subject to a one year holding requirement.
“For the capital gains exemption to apply, the shares must have been held in full ownership during an uninterrupted period of one year,” said Andre Claes of Deloitte.
The government has confirmed the introduction of a 25% tax on short-term capital gains on shares in instances where the one year holding period condition is not met. Capital losses on shares will remain non-tax deductible.
“This may be problematic for non-regulated stock trading companies who could become taxable on their trading gains, without being able to deduct trading losses,” said Thierry Blockerye of Clifford Chance.
The notional interest deduction remains, but the previous cap...
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