This is more relevant to taxation than any other field. A tax administration dispute can have a huge impact on your business activity so you must keep your finger on the pulse in tax cases.
Corporation tax
What is corporate income tax?
Corporate income tax applies to a company’s profits, after deducting allowable expenses and making fiscal adjustments. It plays a crucial role in company formations and structures (holdings, groups, subsidiaries, etc.), as well as in mergers, demergers, and contributions. We often act as a strategic partner in acquisitions, exits, international structures, and transfer pricing.
Our approach:
Corporate income tax is an essential part of the tax landscape for any business. Whether you are running a startup or leading an established company, the right tax strategy can significantly impact your profitability and growth. The rules surrounding corporate income tax are complex and constantly evolving, requiring expert knowledge and careful compliance.
Our expertise in this field:
We understand that every business is unique, and therefore provide tailored advice that aligns with your specific corporate structure and objectives. We are also ready to represent you in disputes with the tax authorities. Tax challenges should never hinder your business success. With our strategic approach and deep knowledge of corporate income tax, we guide you through the complex tax landscape, allowing you to focus on what truly matters: growing your business.
In practice? Illustrative cases:
CASE
We assisted an agricultural products producer who made an error in their tax return, resulting in the loss of a subsidy exemption. Tuerlinckx Tax Lawyers filed a request for ex officio relief, demonstrating that a material mistake had occurred. The request was fully granted.
CASE
A Bulgarian company carrying out construction work in Belgium was confronted with significant and unexpected tax assessments. Initially, the authorities claimed that the company had a material permanent establishment in Belgium. When this argument was refuted, the authorities instead argued that there was a personal permanent establishment, as the director was present in Belgium during negotiations and contract signings.
The stakes were high, as income attributable to a permanent establishment would be subject to Belgian corporate income tax, and this could also impact withholding taxes on employee income. After filing an objection, both assessments were fully annulled, and no reassessment followed. The tax authorities acknowledged that there was no material or personal permanent establishment.
CASE
A hospitality business was accused by the tax authorities of having undeclared revenue. This resulted in substantial assessments in both corporate income tax and VAT, including heavy fines. The total exposure would have exceeded one million euros, potentially leading to bankruptcy.
CASE
One of our recent successes involved an international transport company that depreciated its new trucks and trailers (chassis) over four years. However, the tax authorities assessed an excess depreciation on rolling stock, citing a previously agreed arrangement with the company that specified a 10-year depreciation period. The excess depreciation amounted to over one million euros, preventing the company from offsetting fiscal losses and triggering immediate corporate income tax.
Our firm took over the case and defended the transport company up to the Court of Appeal.
The outcome: The tax authorities were proven wrong, and the depreciation period was restored to four years, as originally applied by the company. The intervention of Tuerlinckx’s experienced attorneys during the assessment phase resulted in a settlement with the tax authorities, with only 25% of the initially claimed amount due.
Schedule a meeting?
Are you facing a similar issue or do you have questions following this case? We’d be glad to assist you – don’t hesitate to get in touch with team TAX: TeamTax@Tuerlinckx.eu
“Tax is everywhere”
“Better safe than sorry”.
This is more relevant to taxation than any other field. A tax administration dispute can have a huge impact on your business activity so you must keep your finger on the pulse in tax cases.
At Tuerlinckx Tax Lawyers, we offer specialised tax advice so that you can sleep soundly as an entrepreneur. We optimise your tax position and minimise associated risks, allowing you to focus on your core business.
Advice
Disputes
Are you looking for tax advice based on a firm foundation, written in regular language and which offers a viable solution? Then you have come to the right place at Tuerlinckx Tax Lawyers! We supplement classic tax advice with a tax risk analysis to ensure that a structure passes the tax administration or court review. Together, we go for well-founded solutions that meet both short and long-term objectives.
Count on the CORPORATE team for assistance with tax audits and discussions with the tax administration, both at the administrative stage and in court. We ascertain precisely what the tax administration will and will not allow in the specific tax files. We also explore the viability of the tax authority’s claims and the arguments you could use to make a difference in court.
Regularisations
Rulings
What if some components of your assets have not been subjected to the correct tax regime? You can still realise a rectification within a legally prescribed framework, through tax regularisation. The experts at Tuerlinckx Tax Lawyers can analyse how to use this tax technique correctly and guide you through the rest of a case.
Naturally, you want maximum certainty about the tax implications of the activities you undertake. With a tax ruling, you make clear and binding agreements with the tax authorities in advance. That legal certainty provides additional peace of mind and comfort in tax discussions. At Tuerlinckx Tax Lawyers, we have the required expertise and experience to properly guide you and your advisers through this complex process.
Advice
Are you looking for tax advice based on a firm foundation, written in regular language and which offers a viable solution? Then you have come to the right place at Tuerlinckx Tax Lawyers! We supplement classic tax advice with a tax risk analysis to ensure that a structure passes the tax administration or court review. Together, we go for well-founded solutions that meet both short and long-term objectives.
Disputes
Count on the CORPORATE team for assistance with tax audits and discussions with the tax administration, both at the administrative stage and in court. We ascertain precisely what the tax administration will and will not allow in the specific tax files. We also explore the viability of the tax authority’s claims and the arguments you could use to make a difference in court.
Regularisations
What if some components of your assets have not been subjected to the correct tax regime? You can still realise a rectification within a legally prescribed framework, through tax regularisation. The experts at Tuerlinckx Tax Lawyers can analyse how to use this tax technique correctly and guide you through the rest of a case.
Negotiations
Tuerlinckx Tax Lawyers are experienced negotiators. Our priority is always the best possible deal for our clients. Whether it concerns contract negotiations, settlements or business transactions, we provide the lasting and most beneficial solution!
