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Belgium: Changes to the new thin capitalisation rules

01 July 2012


Dirk Van Stappen
The Belgian federal government has approved a new draft programme law at its meeting of May 11 2012 which has been submitted to parliament on May 15 2012. The draft law modifies the recently approved thin capitalisation rule to ease its negative consequences for treasury centres in Belgium.

According to the thin capitalisation rules as foreseen in article 198, 11° of the Belgium Income Tax Code as recently changed by the Programme Law of March 29 2012 (published in the Belgian Official Gazette on April 6 2012), the deduction of interest paid on loans will be disallowed in case, and to the extent of the excess, the total amount of these loans is higher than five times the sum of the taxed reserves at the beginning of the taxable period and the paid-up capital at the end of this period.

The deduction limitation...



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