Since the decisions of the European Court of Justice in the so-called “Danish cases”, passive income streams are being scrutinized more than ever across Europe. This is not different in Belgium, where we have seen a substantial increase in tax audits focusing on passive income streams where withholding tax is being claimed also in the framework of business-driven structures.
During this webinar, we gave a recap of the beneficial ownership concept, as interpreted and applied by the OECD and the European Court of Justice, and the interrelation of the beneficial ownership concept with treaty abuse. We also touched upon the first case law in Belgium and in other EU countries on this topic. In this framework, we moreover discussed our experience with respect to beneficial ownership challenges by the Belgian tax authorities and our recommendations to reduce such challenges.
Do not hesitate to reach out to Isabelle Reynertz if you would like to obtain the recording of this webinar.