25 AVRIL 2007. - An Act to amend certain provisions of the Income Tax Code 1992 to bring them into line with certain principles of the Treaty establishing the European Community and the European Economic Area Agreement (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 12, § 3, of the Income Tax Code 1992, inserted by the Act of 27 December 2004 and amended by the Act of 27 December 2005, is supplemented by the following paragraph:
"When the taxpayer occupies a dwelling in a Member State of the European Economic Area and is the owner, owner, emphytéote, superficiary or usufructier, the exemption provided for in this paragraph applies to the rental value of that dwelling, or, in the cases referred to in paragraphs 3 and 5, the total amount of rent and rental benefits. »
Art. 3. Article 115, § 1^er, 2°, of the same Code, replaced by the law of 27 December 2004 and amended by the law of 27 December 2005, the words "in Belgium" are replaced by the words "in a Member State of the European Economic Area".
Art. 4. Section 243 of the Code, amended by the Acts of 28 July 1992, 30 March 1994, 6 July 1994 and 21 December 1994, by the Royal Decree of 13 July 2001 and by the Acts of 10 August 2001, 22 December 2003, 9 July 2004, 27 December 2004, 3 July 2005, 23 December 2005 and 27 December 2006, are amended as follows:
1. the last paragraph shall be replaced as follows:
« Articles 126 to 129, 145¹, 1°, 2° and 5°, 145² to 145⁴, 145⁶with respect to the application of section 145¹, 2°, 145⁸ to 145¹⁶, 145²¹ to 145³¹154bis, 157 to 169 and 171, to 178 are also applicable. »;
2. the item is completed by the following paragraph:
"With respect to individual life insurance that is used to replenish or guarantee a mortgage, section 145¹, 2° is applicable only when the mortgage is contracted for:
- a residence located in Belgium;
- a residence located in another Member State of the European Economic Area that the taxpayer occupies itself on December 31 of the year of the conclusion of the loan contract and of which he is the owner, owner, owner, emphytéote, superficiaire or usufruitier. To determine whether the taxpayer occupies the dwelling itself, the same rules as those referred to in section 12, § 3 are applicable. »
Art. 5. Section 244 of the same Code, replaced by the Act of 30 January 1996, is supplemented as follows:
"By derogation from paragraph 1^er, Articles 145¹, 2°, with respect to individual life insurances that are used for the reconstruction or guarantee of a mortgage for a dwelling other than that referred to in section 104, 9°, and 145¹, 3°, are applicable only when the mortgage is contracted for:
- a residence located in Belgium;
- a residence located in another Member State of the European Economic Area that the taxpayer occupies itself on December 31 of the year of the conclusion of the loan contract and of which he is the owner, owner, owner, emphytéote, superficiaire or usufruitier. To determine whether the taxpayer occupies the dwelling itself, the same rules as those referred to in section 12, § 3 are applicable. »
Art. 6. In section 526 of the same Code as amended by the Act of 27 December 2005, the following amendments are made:
1. § 1^er is completed as follows:
"For the purposes of Article 16 referred to in the preceding paragraph, the rental value, rent and rental benefits of a dwelling located in a Member State of the European Economic Area are assimilated to cadastral income. »;
2. § 2 is completed as follows:
"For the application of the provisions referred to in the preceding paragraphs, the concept "in Belgium" is each time replaced by the notion "in a Member State of the European Economic Area".
By derogation from paragraph 2, the reference to section 145¹1° to 4° in section 243, as it existed before being amended by section 405 of the Program Law of 27 December 2004, must be limited to a reference to section 145¹, 1°, 2° and 5° being understood that article 145¹, 2°, with respect to individual life insurances that are used for the reconstruction or guarantee of a mortgage for a home, is applicable only when the mortgage loan is contracted for:
- a residence located in Belgium;
- a residence located in another Member State of the European Economic Area that the taxpayer occupies itself on December 31 of the year of the conclusion of the loan contract and of which he is the owner, owner, owner, emphytéote, superficiaire or usufruitier. To determine whether the taxpayer occupies the dwelling itself, the same rules as those referred to in section 12, § 3 are applicable. »
Art. 7. This Act is applicable from the 2008 taxation year.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 April 2007.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance,
D. REYNDERS
Seal of the state seal:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Parliamentary references:
Documents of the House of Representatives:
51-2951 - 2006/2007:
Number 1: Bill. - Number two: Report. - No. 3: Text adopted in plenary and transmitted to the Senate.
Full report: 29 March 2007.
Documents of the Senate:
3-2358 - 2006/2007:
Number 1: Project referred to by the Senate. - Number two: Report. - No. 3: Decision not to amend.
Annales du Sénat : 12 avril 2007.