PwC Legal Belgium

🚀 Exciting Updates in R&D Tax Law: New BELSPO Directives 🚀 BELSPO has recently worked with Belgian tax authorities to clarify the Withholding Tax (WHT) exemption process for R&D, with the goal of reaching a more uniform point of view regarding the content of the application procedure and advice. This harmonization, initiated in spring 2024, is a significant step forward, addressing the need for clearer guidelines amidst various judicial developments. Here are some key highlights of the new BELSPO directives: ✅ One Submission Rule: Each project or program can only be submitted once. Copies with minor content changes will be viewed as repetitions and will not qualify for partial exemption of WHT. Additionally, annual resubmissions of the same project are no longer accepted. ✅ Advance Submissions: Submissions must be made in advance, though actualisations are both possible and encouraged. ✅ Dual-Part Advice Requests: Advice requests will now consist of two distinct components: the qualification of the project/program itself and the qualifications of the diplomas of the individuals involved. This dual focus ensures a more thorough evaluation process. These clarifications are a welcome development and align closely with the strategies and best practices that PwC Legal Belgium has always advocated. It’s reassuring to see this level of clarity and alignment, fostering compliance and innovation. If you have any questions or need guidance on navigating these new directives, please feel free to reach out to our expert lawyer Gauthier Vael. #PwCLegal #TaxLaw #RandD #BELSPO #Innovation #Compliance #TaxUpdates

💶 For nearly a decade, Belgium's #CaymanTax has stirred debate by making foreign targeted companies tax-transparent, directly taxing Belgian shareholders on the income these entities generate. 💡 Now, Circular 2024/C/79 provides clarity on how this tax interacts with Double Tax Treaties (DTTs). But does it address the practical challenges thoroughly? Not quite. The circular merely asserts that #DTTs do not shield from the Cayman Tax, emphasizing its role in combating tax evasion. 🔍 Want to learn more? Join our Tax Lawyers—Olivier Hermand, Patrice Delacroix, and Jérôme Wauthier—as they offer insights on the impact of these complex interactions on Belgian taxpayers and cross-border tax strategies in the article below. 🔗 https://lnkd.in/ezshTjKP #PwCLegal #TaxLaw #CaymanTax #DoubleTaxTreaties #Belgium

⚖️ The Council of the European Union officially adopted the #FASTER (“Faster and Safer Tax Excess Refund”) #Directive on 10 December 2024, marking an important development aimed at streamlining and securing #WithholdingTax procedures across the #EU. Essentially, this Directive is designed to eliminate double taxation issues, remove obstacles to cross-border investments, and combat tax fraud and abuse. 💡 Curious about the impact of this Directive? Tax lawyer Patrice Delacroix and Luc Buelens share their expert insights in the article below. Dive in to learn more! 🔗 https://lnkd.in/e-kRmj_g #PwCLegal #TaxLaw #EUTax #FinanceInnovation #TaxReform #FASTER

AI and automation tools are transforming the legal profession 👩💻 Our IP, IT & Data lawyer Isha Upadhyaya recently gave a presentation for Larcier-Intersentia on how to use AI to automate tasks in the legal profession. She explained how AI & automation tools increase the efficiency of lawyers in: 1️⃣ Contracts & legal documents 2️⃣ Administrative support, such as making meeting notes and summaries of court decisions 3️⃣ Due diligence processes At PwC Legal Belgium, integrating #AI and automation tools into our practice to unleash efficiency and quality for our clients is in our #DNA. On a daily basis, our lawyers and experts explore innovative solutions to reimagine our legal industry. We thank Larcier-Intersentia for inviting us to share our insights with their audience! #PwCLegalBelgium #AI #LegalTech

🗣️ Join us tomorrow for the inaugural session of the 2025 Tax Dialogues ! PwC Legal Belgium’s Managing Partner Olivier Hermand is pleased to invite you to an enriching evening of debate and discussion organized by the PwC (Legal) Chair of Tax Law at Université catholique de Louvain. 📅 December 10, 2024 🕠 05.30 PM  📍 Aula Magna, Louvain-La-Neuve Under the expert scientific direction of Professor Edoardo Traversa, this event will shed light on the latest developments in international taxation, featuring a keynote presentation by Fabrizia Lapecorella, Deputy Secretary General of the OECD. 🎤 The inaugural lecture will be followed by a panel discussion with experts Caroline Vanderkerken (Professor at Hasselt University and judge at the Brussels Court of Appeal), Werner Haslehner (Professor at the University of Luxembourg) and Pieter Deré (Partner International Tax at PwC Belgium). 💬 The evening will also celebrate academic excellence with the award for the best tax law dissertation. 🏆 The event will conclude with a friendly reception at the Aula Magna’s Louvain House, offering a fantastic opportunity for networking and exchanging ideas. 🔗 To register for this event, click here: https://lnkd.in/dnx4YRqP. We look forward to seeing you there ! #PwCLegal #Tax Law #InternationalTaxLaw #OECD #UCLouvain #CRIDES #TaxDialogues2025

Publication of the New Belgian Law on Private Investigations 🔎 Today, the new Law on Private Investigations was published in the Belgian Gazette and will enter into force in 10 days. 👉🏼 The new law impacts the way businesses and individuals will conduct private investigations, both as external investigation providers and as in-house investigation departments. A new balance of interests between companies, investigators, and subjects of investigations was found, involving amongst others: 🔎 Transparency principles towards investigated persons 🚫 Prohibition to use sensitive data during an investigation ✍🏼 Define and demonstrate the legitimate interest per investigation 🪪 Need for an authorization or license to conduct private investigation practices in Belgium ✅ Obtaining consent for precontractual background checks 🙋🏻♂️ Currently working as a internal auditor or a private investigator, or interested in using one? Reach out to PwC Legal Belgium's IP, IT & Data team Loïc Delanghe, Peter Decru & Isha Upadhyaya #PwCLegal #PrivateInvestigations #DataProtection #GDPR

📈 It is common practice for tax authorities to apply a tax increase of 10% in the event of a first infringement to the Belgian Income Tax Code without fraudulent intent. The application of an effective tax increase of 10% or more also triggers the disallowance of the use of some tax attributes (art. 206/3 BITC). ⚖️ In a decision of 21 November 2024, the Constitutional Court has ruled that the disallowance of tax attributes does not infringe the principles of equality and proportionality. In that same decision, the Constitutional Court also ruled that in principle, no tax increase should be applied following a first infringement committed in good faith. 🔎 For more on this topic, read the article below where our Tax Lawyers, Véronique De Brabanter, Hannah Neve, and Agata Schroyen, offer their insights. 🔗 https://lnkd.in/e46REvzN #PwCLegal #TaxLaw #ConstitutionalCourt #TaxIncreases #TaxCompliance

🚨 Update in Data Privacy Law 🚨 🛡️ The Belgian Data Protection Authority (#DPA) has delivered a decision against Freedelity, spotlighting crucial issues around consent, data minimization, and retention practices. Freedelity's approach, offering consumer benefits in exchange for data from electronic identity cards, has been critically examined, revealing substantial #GDPR violations. ❓ What does this mean for businesses and the future landscape of data protection? Dive into the full article below, where PwC Legal Belgium's IP/IT/Data lawyers, Loïc Delanghe, Peter Decru, and Isha Upadhyaya, provide an in-depth analysis of the decision and its impact. 🔗 https://lnkd.in/eJtaVHcY #PwCLegal #DataPrivacy #GDPR #DataProtection #Freedelity #APD

🎁 The season of giving is finally here, Time to thank your team for a fabulous year! Want to give presents, no payroll taxes in sight? Pascale Moreau’s newsletter will set it all right. Celebrate smart, without any fear, Read up and spread joy with holiday cheer! 🔗https://lnkd.in/eTiRC8yc #PwCLegal #EmploymentLaw #EmployeeRecognition #Compensation