In the context of the budget control for 2013 and the budget for 2014, the federal government on Sunday evening has reached an agreement about the following tax measures. Please note that the following may still be subject to change.
- “Alternative minimum tax” or “fairness tax”: a special contribution of 5% will be introduced on the amount of distributed dividends which originate from the profit of the year and which have been compensated with the notional interest deduction of the year and the loss carry forward. SMEs (in the meaning of article 15 of the Companies’ Code) are excluded from the special contribution. The contribution is not deductible.
- As from 1 July 2013 (instead of 1 September 2013 as mentioned earlier - cfr. notice published in the Belgian Official Gazette (2nd edition) of 1 July 2013), capital gains realized at the repurchase of shares in bond funds and mixed funds (more than 25% invested in fixed income products) without European passport will also be subject to a withholding tax of 25% (now already applicable on such funds with European passport).
- The withholding tax of 25% borne by Belgian investment companies on their received dividends will no longer be creditable and repayable (implementation of the judgment of the Court of Justice of the European Union in the case Commission v Belgium of 25 October 2012).
- The withholding tax rate on dividends distributed to foreign companies is determined at 1,69% (implementation of the judgment of the Court of Justice of the European Union in the case Tate & Lyle of 12 July 2012).
- The withholding tax on dividends distributed to “intercommunales” is increased from 15 to 25%.
- The services of lawyers will be subject to VAT as from 1 January 2014
- Increase of excise duties on alcohol by 5% as from 1 August 2013 and on tobacco as from 2014.