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Registered company in England & Wales No. 02427356 VAT GB 321 5727 22

Registered address: 188 Fleet Street, London, EC4A 2AG

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  • Article

    2024 Transfer Pricing Audit Wave

    The Belgian tax authorities recently initiated the 2024 transfer pricing audit wave, starting with a questionnaire and a pre-audit meeting.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    BREAKING NEWS: The New Tax Treaty Between Luxembourg And The United Kingdom Enters Into Force

    On 4 October 2023, the law of 18 September 2023 was officially published in the Memorial (the Luxembourg official gazette), so that the new tax treaty between Luxembourg and the United Kingdom...
    LuxembourgTax
    Tiberghien
    Tiberghien
  • Article

    European Court Of Justice Ruling: End Of The Application Of VAT On Director Fees In Luxembourg

    On December 21, 2023, the European Court of Justice ("ECJ") issued its long-awaited ruling in the case C288/22 "TP" on the VAT treatment of director fees.
    European UnionTax
    Tiberghien
    Tiberghien
  • Article

    Withholding Tax On Dividends, Interests And Royalties Under The New Belgian - Dutch Double Tax Treaty - Main Changes

    The withholding tax jurisdiction of the source state is limited to 15% for dividends, as before. Withholding tax may (no longer) be withheld when dividends are paid by subsidiaries...
    WorldwideTax
    Tiberghien
    Tiberghien
  • Article

    Covid-19 Telework: How To Mitigate The Fiscal Impact?

    Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards.
    BelgiumCoronavirus (COVID-19)
    Tiberghien
    Tiberghien
  • Article

    Cayman Tax Remains Applicable Under New Dutch-Belgian Double Taxation Treaty

    The interaction of the Belgian cayman tax with the various double taxation treaties concluded by Belgium has been the subject of discussion in practice for several years.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    Brexit: Action Required To Obtain Relief From Withholding Tax On Interest Payments As From 1 June 2021

    In its Spring Budget 2021, the United Kingdom announced to repeal the domestic provisions implementing the IRD.
    European UnionTax
    Tiberghien
    Tiberghien
  • Article

    Does Nationalization Affect The Tax Treatment Of A Cross-border Pension?

    The Italian tax authorities have issued a significant ruling on pension taxation following EDF's nationalization by the French State. A French resident considering relocation to Italy questioned whether this change in ownership could reclassify their CNIEG pension from a social security benefit to a government pension, potentially shifting exclusive taxing rights to France. The authorities' response provides important insights for similar situations involving state-owned entities performing commercial activ
    ItalyTax
    Tiberghien
    Tiberghien
  • Article

    Cross-border Employment And Foreign Pension Contributions

    Employees working across borders often continue their existing pension schemes during temporary foreign employment, but this seemingly straightforward practice raises critical tax considerations that are frequently overlooked. When foreign pension contributions fail to meet specific exemption criteria under Belgian tax law, they may be treated as taxable income, potentially leading to economic double taxation at the payment stage. Recent guidance from Dutch tax authorities on their "balance scheme" mechanis
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    International Tax Update: Unexpected Tax Exposure For Companies Due To Home Office Abroad?

    This may lead to unexpected tax consequences for the company.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    AG Kokott Backs Luxembourg’s Implementation Of The ATAD Interest Limitation Rule Exemption For Securitisation Special Purpose Entities Within The Meaning Of EU Securitisation Regulation

    The European Commission challenged Luxembourg's decision to exempt securitisation special purpose entities from EU interest deduction limitations, arguing the exemption list is exhaustive. Advocate General Kokott has now recommended dismissing this infringement action, finding that regulated SSPEs are economically comparable to other exempt financial undertakings and should be treated equally under EU law.
    LuxembourgTax
    Tiberghien
    Tiberghien
  • Article

    Luxembourg To Offer Compartments For Unregulated Alternative Investment Funds Formed As SCS Or SCSp

    Luxembourg is poised to expand its investment fund structuring capabilities by allowing alternative investment funds structured as common or special limited partnerships to establish...
    LuxembourgFinance and Banking
    Tiberghien
    Tiberghien
  • Article

    Luxembourg Case Law (Lower Court): Share Premium Reductions May Become Subject To (Up To 15%) Luxembourg Dividend Withholding Tax

    The Luxembourg Administrative Tribunal has ruled that repayments of share premium to shareholders, without a formal share capital reduction, do not qualify for tax exemption and may be subject to 15% dividend withholding tax. This decision challenges common corporate finance practices and raises important questions about the tax treatment of distributions from equity reserves in Luxembourg.
    LuxembourgTax
    Tiberghien
    Tiberghien
  • Article

    Year-End Transfer Pricing Adjustments And Their Impact On Customs & VAT

    As the end of 2020 fast approaches, we notice that many multinational companies during the coming weeks/months often perform an annual assessment of transfer prices.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    Proposed Modernization Of The Luxembourg Securitisation Legal Framework

    On 8 June 2026, draft law No. 8761 amending the amended law of 22 March 2004 on securitisation (the “Securitisation Law”) (the “Draft Law”) was submitted to the Luxembourg Parliament
    LuxembourgFinance and Banking
    Tiberghien
    Tiberghien
  • Article

    Belgium Anticipates DAC 7: New Belgian Reporting Obligations For Digital Platforms Facilitating The Provision Of Services

    Digital ‘collaboration' platforms that connect suppliers of services to their customers are subject to new reporting obligations.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    CAYMAN TAX 2.1 – Sharpened Teeth Or Mere Dentures?

    The draft bill approved at the Council of Ministers meeting on Friday, Oct. 27, 2023, proposes a whole number of changes to the cayman tax to ensure - in its own words - that several "loopholes" are closed.
    WorldwideTax
    Tiberghien
    Tiberghien
  • Article

    BEFIT, Towards A Common Corporate Tax Framework In The EU ?

    BEFIT stands for "Business in Europe: Framework for Income Taxation" and is the object of a draft EU directive proposed by the European Commission on 12 September 2023.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    The Belgian Government Also Intends To, Officially, Make B2B E-invoicing Mandatory

    On 28 December 2023, the Belgian government submitted its proposal for a mandatory B2B invoicing scheme.
    BelgiumTax
    Tiberghien
    Tiberghien
  • Article

    Luxembourg Proposes New Tax Regime For Stock Options In Innovative Companies

    Luxembourg has introduced a draft law establishing a new tax framework for employee stock option plans, creating a favorable regime for qualifying young innovative companies while codifying the general tax treatment for all other stock option arrangements. The proposal aims to defer taxation until share disposal for eligible companies, potentially reducing the effective tax burden to approximately 11.45% while addressing practical liquidity constraints for employees.
    LuxembourgTax
    Tiberghien
    Tiberghien

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