Belgium

Details

  • Service: Tax & Legal
  • Type: Business and industry issue
  • Date: 10/03/2014

 Valuation of assets 

E-tax flash

Commission for Accounting Standards withdraws Advice 126/17

 

The Commission for Accounting Standards has announced that it has withdrawn its advice 126/17 on the determination of the acquisition value of assets acquired for free or below market value following a judgment of the Court of Justice of the European Union (ECJ).

The advice was heavily criticized at the time because it seemed to advocate a valuation of assets at real value instead of at acquisition price.

 

However, the Court of Justice of the European Union had recently stated that the principle that a true and fair view must be given does not permit that the principle of valuation of assets on the basis of their acquisition price or their production cost is departed from in favor of a valuation on the basis of their real value, where the acquisition price or the production cost of those assets is manifestly lower than their real value (judgment of October 3, 2013 in GIMLE case (C-322/12)).

 

Following the ECJ judgment, the CAS advice no longer seemed tenable. Apparently, the CAS agrees and refers to the ECJ judgment to withdraw the advice.

 

Please note that the Minister of Finance has stated earlier that tax provisions still exist which could enable the tax authorities to tax the difference between the real value and the acquisition price of assets.

 

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