Growing wealth requires more than a sound investment. We provide integrated advice on investment taxation, private equity, funds, financial structures, and the relevant regulatory framework.
Other Investment Structures
What is meant by other investment structures?
These concern investment structures that do not fall under regulated UCIs. Think of an ordinary company, a holding, a Luxembourg Soparfi, a Dutch STAK, a mutual fund (Fonds Gemene Rekening) or a partnership. These structures offer flexibility but require a well-considered tax approach.
Our approach?
We start with a thorough tax screening of existing structures, based on the articles of association, the investment memorandum and the accounting records. Our findings are compiled in clear language and a structured report.
For new or recently launched structures, we often advise applying for an advance ruling with the Ruling Commission.
Additionally, we guide you at every step: from the concrete design and implementation of the structure to, if necessary, its dismantling or sale.
Our expertise?
Review of the tax situation of Soparfis, SICAV-SIFs, French SCI, STAKs, STAK-BM and trusts in the context of the Cayman tax and proposing various options to avoid qualification as a legal construction.
In practice? Illustrative cases:
CASE
A Luxembourg Soparfi was considered too costly for a specific investment portfolio. The client feared that the Soparfi qualified as a legal construction. Through targeted optimisation based on Luxembourg accounting law, we were able to significantly improve the tax position for the calculation of the Belgian tax burden. The result: the structure no longer qualified as a legal construction, leading to a more favourable tax regime.
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 the team: TeamBanking&Finance@Tuerlinckx.eu
“Tax is everywhere”
“Finance is structured. Tax decides how”.
Wealth should generate returns. In a landscape of complex tax and regulatory obligations, we guide you in optimizing your investment structure and managing the tax impact.
Advisory
Tax Disputes
The tax landscape for investment products has undergone significant changes in recent years. The tightening of withholding tax rules, amendments to the Dividend Received Deduction (DRD) regime, the new capital gains tax, the annual securities accounts tax, as well as the application of stock exchange tax to transactions carried out through foreign accounts, the increasingly cross-border environment in which the sector operates, and the proliferation of anti-abuse measures such as the Cayman Tax, have created an unprecedented level of complexity.
In addition, investment insurance products offer tax opportunities, as does the use of feeder structures for investments in private equity funds. These solutions are complemented by a risk analysis assessing their viability in the event of a dispute with the tax authorities or before the courts.
We provide well-founded tax advice with practical and workable solutions, drawing on 25 years of hands-on experience in the financial sector and the funds industry.
Tuerlinckx Tax Lawyers has extensive practical experience in assisting clients during tax audits and disputes with the tax authorities, both at the administrative stage and before the courts.
Today, the banking and finance sector is characterized by cross-border and often highly complex structures, with funds and private equity entities frequently benefiting from specific tax regimes. As a result, the tax authorities scrutinize this sector closely and often with caution.
We specialize in conducting tax litigation and dispute resolution proceedings, both before the tax authorities and in court. We thoroughly analyse the limits of the tax authorities’ investigative and assessment powers and critically assess which claims can be sustained from both a legal and factual perspective.
Tax Returns for Assets & Income
Tax Rulings
We assist high-net-worth individuals and legal entities with the filing of tax returns, stock exchange tax declarations, and annual securities accounts tax obligations relating to their foreign accounts.
We also provide the necessary support to manage and optimize the reporting of investment income and capital gains on financial assets.
Where assets have not been subject to the correct tax treatment in the past, our team of experts can assess whether a tax regularization is possible and will determine the most appropriate approach.
We have extensive experience in obtaining advance tax rulings for banking products, traditional and private equity funds (including, where relevant, carried interest structures), as well as investment insurance products.
Such a “product ruling” not only provides protection for the Belgian intermediary or issuer regarding withholding obligations, reporting requirements, and potential information exchange obligations, but also offers investors greater legal certainty and peace of mind regarding their own tax obligations.
Advisory
The tax landscape for investment products has undergone significant changes in recent years. The tightening of withholding tax rules, amendments to the Dividend Received Deduction (DRD) regime, the new capital gains tax, the annual securities accounts tax, as well as the application of stock exchange tax to transactions carried out through foreign accounts, the increasingly cross-border environment in which the sector operates, and the proliferation of anti-abuse measures such as the Cayman Tax, have created an unprecedented level of complexity.
In addition, investment insurance products offer tax opportunities, as does the use of feeder structures for investments in private equity funds. These solutions are complemented by a risk analysis assessing their viability in the event of a dispute with the tax authorities or before the courts.
We provide well-founded tax advice with practical and workable solutions, drawing on 25 years of hands-on experience in the financial sector and the funds industry.
Tax Disputes
Tuerlinckx Tax Lawyers has extensive practical experience in assisting clients during tax audits and disputes with the tax authorities, both at the administrative stage and before the courts.
Today, the banking and finance sector is characterized by cross-border and often highly complex structures, with funds and private equity entities frequently benefiting from specific tax regimes. As a result, the tax authorities scrutinize this sector closely and often with caution.
We specialize in conducting tax litigation and dispute resolution proceedings, both before the tax authorities and in court. We thoroughly analyse the limits of the tax authorities’ investigative and assessment powers and critically assess which claims can be sustained from both a legal and factual perspective.
In our interactions with the authorities, we adopt a professional and modern communication style, with a strong focus on strategic positioning and robust case preparation. Through targeted argumentation and a deep understanding of tax controversy practice, we build a strong and effective defence for our clients.
Tax Returns Covering All Relevant Assets and Income
We assist high-net-worth individuals and legal entities with the filing of tax returns, stock exchange tax declarations, and annual securities accounts tax obligations relating to their foreign accounts.
We also provide the necessary support to manage and optimize the reporting of investment income and capital gains on financial assets.
Where assets have not been subject to the correct tax treatment in the past, our team of experts can assess whether a tax regularization is possible and will determine the most appropriate approach.
Tax Rulings
We have extensive experience in obtaining advance tax rulings for banking products, traditional and private equity funds (including, where relevant, carried interest structures), as well as investment insurance products.
Such a “product ruling” not only provides protection for the Belgian intermediary or issuer regarding withholding obligations, reporting requirements, and potential information exchange obligations, but also offers investors greater legal certainty and peace of mind regarding their own tax obligations.
