Tax law is a matter of public policy. This is a legal doctrine which means, among other things, that tax law must be applied at all times, that it cannot be deviated from, not even by the court. The competence of everyone and everything related to it is limited to its rigorous implementation. After all, paying taxes is the cornerstone of our society.
Anti-money laundering regulations have gone too far
There was an avalanche of Belgian top tax experts’ comments on Twitter a few weeks ago, following the Supreme Court ruling of 13 October 2020. The stumbling block was the burden of proof in money laundering cases.
Governments would like us taxpayers to believe that there is only one battle, and that would be the fight against tax fraud. There is at least one other battle, but the authorities would rather not tell us about it. It is an internal struggle that they prefer to keep under wraps.
Studies predicted it, and it is now becoming a reality: the economic crisis caused by the COVID-19 pandemic has become a liquidity crisis. For companies trying to shift up a gear, this is a nightmare. While their invoice payments are delayed if paid at all, they nonetheless need to meet their own financial obligations in good time.
Transposition of the 5th Anti-Money Laundering Directive: preliminary draft law
The transposition of the 5th EU anti-money laundering directive (AML) into Belgian law is currently the subject of a preliminary draft law containing various provisions to prevent money laundering and terrorist financing (Anti-Money Laundering/Combating the Financing of Terrorism - AML/CTF) and to restrict the use of cash.
A Dutch entrepreneur got into trouble with his company during the previous credit crisis. He came up with a creative solution: he asked his insurer for his accrued pension capital and temporarily transferred it to the company, with the intention of replenishing that capital as soon as his equity had recovered.
THESE ARE STRANGE CIRCUMSTANCES. New insights and concepts that were simmering below the surface are emerging, even in taxation. In this respect, this manifests itself in a particular form of paternalism, and this time not only in Belgium.
OVER THE PAST FEW WEEKS, we’ve all been on lockdown. We’ve been working from home and travelling was totally out of the question. In this context, we’ve had to make do with what we had, trying our best. For some jobs, teleworking is not an option at all, for others more so. Working from home and remotely has replaced working in a workplace.
Agreements and clarity are crucial, also with regard to taxation affecting cross-border employees
The coronavirus crisis is presenting us with unprecedented challenges. International taxation is no exception. In Belgium, a blanket entry and exit ban on non-essential travel has been in effect since 18 March 2020. In addition, teleworking is mandatory for all employees whose function allows it.
THIS IS ONE OF THE fundamental principles of our society: everyone is equal before the law. As such, it is the pillar of our democratic system. It constitutes the basis of Articles 10 and 11 of the principle of equality enshrined in the Constitution.
Accounting errors at Belgium Ltd are no small matter
‘It’s not that simple, you say? That could very well be true, but we are not blind. We can see what kind of cars your top people drive. We can see the luxury enshrined within your offices.’ Jan Tuerlinckx, partner at Tuerlinckx Tax Lawyers, addresses the State of Belgium in a letter.
IT MADE THE NEWS the other day: the Belgian government is only an average performer where it comes to digitisation. And we may even consider ourselves fortunate in having Tax-on-web to boost our reputation.
DATA IS FOR the economy what oil used to be. It also becomes more and more important for the fiscal control. New IT applications are supposed to help optimise that control.
IN BELGIUM AND ABROAD, banks find themselves increasingly in trouble because they accept money that may not have been taxed fully in the past. It recently happened to KBC in the Netherlands, and to Degroof-Petercam before that. Sooner or later, however, all banks will probably face the same music.
THE BELGIAN COMPANY CODE (Wetboek van Vennootschappen en Verenigingen - WVV) came into effect last month. The possibility to contribute to a company’s capital with one’s work is one of the Code’s signature reforms. Or to put it in the terminology of the old code: it is now possible to contribute to the capital of the company by working for that company.
FISCALITY INFLUENCES our behaviour. People avoid highly taxed transactions or income, preferring tax exemption and low tax solutions. The government has planned for that.
THE TAX PROCEDURE of direct taxes and VAT dates back to March 1999, which is twenty years ago this month. If this anniversary may have gone unnoticed, the two decades following its introduction have by no means been plain sailing. Right from its conception, there was a suspicion that there were major flaws in the legislation.
YOU WOULD HAVE TO BE A MARTIAN to not know that elections are coming. A characteristic of our constitutional system is that the House of Representatives then designates the articles of the Constitution which may be amended in the following legislature.
ON CLOSER INSPECTION, money matters are not so complicated. If you earn an income from your work, you can either keep, invest or spend that money. Whatever the option, the State has a finger in every pie.
Doctors have an unenviable position at parties. People bombard them with dozens of medical questions about their ailments, possible medication and corresponding prescriptions, let alone the situation in which and uncle or grandchild makes an unfortunate movement or breaks something.
Almost three years ago to the day, my article “Le cadastre des fortunes arrive” was published under this section. The Central Contact Point (CCP), created by the National Bank of Belgium, has been operational since mid-2015.
Our Finance Minister announced a few weeks ago the introduction – faster than expected by Europe – of a reporting requirement for accountants and tax advisers. In fact, aggressive tax planning will be the subject of the reporting.
