On 6 May 2019, a bill of 28 April 2019 (54-3528) containing various tax and other measures was published in the Official Gazette.
In particular, it provides :
- that spin-offs and other corporate events of foreign companies, similar to a partial division of a Belgian company, are not subject to withholding tax in the hands of Belgian residents if (i) the shares are listed, (ii) the foreign companies are established in a treaty country providing for the exchange of information , (iii) the spin-off is tax neutral in the resident state of the foreign companies, (iv) it concerns the contribution of a branch of activity, and (v) the contribution and distribution of shares is part of one single re-organisation (applicable as of 1 January 2019);
- that relaxed rules on the 25% tax credit for investments in shares of new medium-sized companies (scale-ups), as implemented by the law of 26 March 2018 relating to the strengthening of economic growth and social cohesion are only valid for assessment year 2019 (see European Taxation, 2019 (Volume 59), No. 1);
- for a formal instead of an interpretative solution for the contradictory case law on the issue of who the debtor is of the withholding tax if the beneficiary is subject to the legal entities tax (see Belgium, News 1 October 2018). It will be the beneficiary, if the withholding tax has not been withheld in accordance with the applicable rules (applicable as of 6 May 2019).
Furthermore, it provides for some clarifications in respect of the salary withholding tax exemption, some corrections to the tax shelter for the audiovisual works and performing arts and various customs & excise amendments.