24 DECEMBER 2002. - An Act to amend the corporate income tax regime and to establish an early tax decision system (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Income Tax Code 1992
Art. 2. Article 18, paragraph 1^er, from the Income Tax Code 1992, as amended by the Act of 28 July 1992, by the Royal Decree of 20 December 1996, by the Act of 22 December 1998 and by the Act of 10 March 1999, a 2°ter is inserted, as follows:
"2°ter the amounts defined as dividends by sections 186, 187 and 209 in the event of the total or partial sharing of the social assets of a resident or foreign corporation or the acquisition of shares or shares of a particular corporation;"
Art. 3. Section 21, 2°, of the same Code, as amended by the Act of 28 December 1992 and the Act of 20 March 1996 and replaced by the Act of 22 December 1998, is replaced by the following provision:
"(2) revenues other than those referred to in Article 19, § 1^er, 4°, shares or shares, paid or awarded in the event of a total or partial sharing of the social asset or the acquisition of shares or shares or shares of an investment corporation that benefits in the country of its tax domicile from a separate taxation regime exorbitant of the common law;".
Art. 4. In Article 22, § 1^er, paragraph 2, of the same Code, amended by the law of 24 December 1993 and by the law of 30 March 1994, the words "2°, f and" are inserted between the words "article 171," and the words "2°bis".
Art. 5. Article 171, 2°, of the same Code is supplemented by a f) , written as follows:
"(f) the dividends referred to in Article 18, paragraph 1^er, 2°ter;".
Art. 6. In title III, chapter II, section III, of the same Code, it is inserted a "Sub-section V. - Investment Reserve." and an article 194quater, as follows:
Art. 194quater. § 1^er. In the head of companies for which the tax rate is fixed in accordance with section 215, paragraph 2, the investment reserve constituted on the expiry of the taxable period is not considered to be a benefit within the limits and conditions set out below.
§ 2. The amount of the investment reserve is immunized to a maximum of 50 p.c. of the taxable reserved income of the taxable period, prior to the establishment of the investment reserve, and decreased:
1° of surplus-values on shares or shares exempted under section 192;
2° of the quotity of surplus-value on vehicles referred to in section 66 that is not taken into consideration under section 24, paragraph 3;
3° of the reduction of released capital, calculated on average weighted over the tax period, in relation to the previous tax period during which the benefit of the creation of an investment reserve was obtained in the last place;
4° of the increase in the company's claims, calculated as at 3°, on the following natural persons:
- persons holding shares or shares of the corporation;
- persons exercising a mandate or functions referred to in article 32, paragraph 1^er1°;
- their spouse or children, when such persons or their spouses have the legal enjoyment of their income.
The taxable reserved result that is, after decrease, taken into consideration for the calculation of the investment reserve in accordance with paragraph 1^er, is limited to EUR 37.500 per taxable period.
The calculated investment reserve is immunized only if and to the extent that the taxed reserves, prior to the establishment of the investment reserve, are, at the end of the taxable period, greater than the reserves taxed at the end of the previous taxable period during which the benefit of the creation of an investment reserve was obtained in the last place.
The investment reserve is immunized only as long as it is satisfied with the conditions set out in section 190.
§ 3. An amount equal to the investment reserve must be invested by the company:
(a) in depreciable tangible or intangible capital assets that may qualify for the benefit of the investment deduction;
(b) within a period of three years beginning on the first day of the taxable period for which the investment reserve is constituted, and no later than the dissolution of the corporation.
Capital assets that are considered to be an employment under section 47 are excluded as an investment for the purposes of the preceding paragraph.
§ 4. If the investment is not made in accordance with the terms and within the time limit set out in § 3, the previously immunized investment reserve is considered to be a benefit of the taxable period during which the investment period has ended.
The previously immunized investment reserve is considered to be a benefit of the taxable period in which the investment taken into account in § 3 is alienated, when this investment was invested less than three years in society at the time of alienation, in proportion to the amortizations not yet accepted on this investment. This provision is not applicable where the alienation takes place on the occasion of a loss, expropriation, requisition in property or other similar event.
§ 5. In order to justify the benefit of the investment reserve, the corporation must attach to its corporate tax return a statement whose model is determined by the Minister of Finance or his or her delegate, for the taxation year for which the reserve was constituted and for the following taxation years until the investment is made.
§ 6. The King shall determine the terms and conditions of investment referred to in § 3, in the event of a branch of activity or a universality of goods referred to in Article 46, § 1^erParagraph 1^er, 2°, and in case of merger or split referred to in Article 211, § 1^er.
The King may set, by order deliberately in the Council of Ministers, an amount greater than 37.500 EUR. »
Art. 7. Article 196 of the same Code, the current text of which shall form § 1^er, is supplemented by § 2, which reads as follows:
"§2. In the head of corporations that do not benefit from the tax rate established in accordance with section 215, paragraph 2, for the taxation year in respect of the tax period in which the intangible or tangible capital has been acquired or constituted:
1° the first amortization annuity relating to capital assets acquired or incorporated during the accounting year shall be taken into account as a professional charge only in proportion to the portion of the accounting year in which capital assets are acquired or incorporated;
2° by derogation from section 62, the total amount of the incidental costs at the purchase price is amortized in the same way as the principal amount of the investment or return value of the capital assets concerned. "
Art. 8. In section 198 of the same Code, the following amendments are made:
1st paragraph 1^er, 5°, repealed by the law of 22 December 1998, is reinstated in the following wording:
"5° regional taxes, taxes and rebates other than those referred to in section 3 of the special law of 16 January 1989 relating to the financing of the Communities and Regions, as well as increments, increases, charges and interest in delays related to these taxes, taxes and rebates not deductible;";
2° paragraph 1^er10°, and paragraph 3, inserted by the Act of 20 December 1995, are repealed;
3° to paragraph 1^er, 11°, inserted by the Royal Decree of 20 December 1996, the words "articles 54, 55 and 10°, above, interest" are replaced by the words "articles 54 and 55, interest";
4° to paragraph 4, inserted by the law of 10 March 1999, the words "and 10°" are deleted.
Art. 9. Article 202, § 2, of the same Code, inserted by the Royal Decree of 20 December 1996, supplemented by the Act of 10 March 1999 and amended by the Royal Decree of 20 July 2000, is replaced by the following provision:
"§2. The income referred to in § 1^er, 1° and 2°, are deductible only if:
1° that on the date of attribution or payment of these, the company which benefits from it, denies in the capital of the company that distributes them a participation of 10 p.c. at least or whose investment value reaches at least 1.200.000 EUR;
2° that these revenues relate to shares or shares that have the nature of financial assets and that are or have been held in full ownership for an uninterrupted period of at least one year.
The King shall determine, by order deliberately in the Council of Ministers, the shares or shares that have the nature of financial capital for the purposes of paragraph 1^er2°, in the head of the credit institutions referred to in Article 56, § 1^er, insurance companies referred to in Article 56, § 2, 2°, h , and stock exchange companies referred to in Article 47 of the Law of 6 April 1995 on secondary markets, the status of investment companies and their control, to intermediaries and investment advisors.
Exchange of shares or shares due to the transactions referred to in section 45 or the alienation or acquisition of shares or shares due to tax neutrality transactions referred to in section 46, § 1^erParagraph 1^er, 2°, 211, 214, § 1^er and 231, §§ 2 and 3, are deemed not to have taken place for the purposes of paragraph 1^erTwo.
The conditions referred to in paragraph 1^er however, do not apply to revenues:
1° collected by investment companies;
2° allocated or attributed by intercommunals governed by the Act of 22 December 1986;
3° allocated or awarded by investment companies.
The conditions referred to in paragraph 1^er, 1°, however, does not apply to revenues:
1° collected by credit institutions referred to in Article 56, § 1^er;
2° collected by insurance companies referred to in Article 56, § 2, 2°, h;
3° collected by scholarship companies referred to in section 47 of the aforementioned Act of 6 April 1995.
For the purposes of paragraph 1^era loan of shares or shares referred to in Article 18, paragraph 1^er, 3°, is not considered an assignment. »
Art. 10. Section 203 of the Code, amended by the Acts of 28 December 1992, 21 December 1994 and 6 April 1995, replaced by the Royal Decree of 20 December 1996 and amended by the Acts of 22 December 1998, 10 March 1999 and 4 May 1999, are amended as follows:
1° paragraph 1^erParagraph 1^er, 4°, is replaced by the following provision:
"4° a company to the extent that it makes profits through one or more foreign institutions that are subject in a global way to a tax regime significantly more advantageous than in Belgium; ";
2° paragraph 1^er is supplemented by the following paragraphs:
"The provisions of common law in respect of taxes referred to in paragraph 1^er, 1°, are presumed to be significantly more advantageous than in Belgium when in the cases determined by the King, by deliberate decree in Council of Ministers:
- the nominal rate of common law of the corporation's profit tax is less than 15 p.c.;
- or, in common law, the rate corresponding to the effective tax charge is less than 15 p.c.
For the purposes of paragraph 1^er, 1°, the provisions of common law in respect of taxes that are applicable to companies established in a Member State of the European Union are supposed to not be significantly more advantageous than in Belgium. ";
Paragraph 2, paragraph 4, is replaced by the following provision:
"Paragraph 1^erParagraph 1^er, 4°, does not apply where the tax actually applied in a comprehensive manner on profits from the foreign establishment reaches at least 15 p.c. or where the corporation and its foreign establishment are located in Member States of the European Union. "
Art. 11. Section 207, paragraph 2 of the same Code, as amended by the Act of 22 May 2001, is replaced by the following provision:
"None of these deductions or compensation with the loss of the taxable period may be made on the portion of the result that comes from abnormal or voluntary benefits referred to in section 79, or on the portion of the special separate contribution established on unjustified expenditures in accordance with section 219, or on the portion of the profits that are allocated to the expenditures referred to in section 198, paragraph 1^er12°, or on the portion of the profits derived from non-compliance with Article 194quater, § 2, paragraph 4 and the application of Article 194quater, § 4."
Art. 12. Section 215, paragraphs 1^er and 2, of the same Code, as amended by the Royal Decree of 20 July 2000, is replaced by the following provision:
"The corporate tax rate is 33 p.c.
Where taxable income does not exceed EUR 322.500, the tax is set as follows:
1° on the slice of 0 to 25.000 EUR : 24.25 p.c.;
2° on the slice of 25.000 EUR to 90.000 EUR : 31 p.c.;
3° on the 90.000 EUR to 322.500 EUR : 34,5 p.c."
Art. 13. Under Part III, Chapter III, Section 1 of the same Code, subsection II, including section 217, is repealed.
Art. 14. In Article 218 of the same Code, whose current text will form § 1^er, it is added a § 2, which reads as follows:
"§2. No increase is due on the tax, calculated in accordance with section 215, paragraph 2, which relates to the first three accounting years from the company's constitution. "
Art. 15. Article 264, paragraph 1^erthe same Code, as amended by the Act of 6 July 1994, are amended as follows:
1° 2° is replaced by the following provision:
"2° which, in the case of merger, splitting, operation assimilated to a merger by absorption or operation assimilated to a split referred to in Article 211, § 1^er :
- is referred to in Article 210, § 1^er, 1° and 1°bis, where the contribution is not entirely paid by new shares or shares as referred to in Article 211, § 2, paragraph 3, because the absorbing companies or beneficiaries hold shares or shares of the society absorbed or split;
- is referred to in section 186, where the absorbing companies or beneficiaries receive shares or shares of a universal nature;"
2° it is inserted a 2°bis, written as follows:
"2°bis which is referred to in section 186, when a company acquires shares or shares that are admitted to a regulated Belgian or foreign market referred to in section 2, 5° or 6°, of the Act of August 2, 2002 relating to the supervision of the financial sector and financial services, or to another regulated market recognized by the King, on the advice of the Banking and Financial Commission, as equivalent for the purposes of this section, as much as ";
3° it is inserted a 2°ter, written as follows:
"2°ter that is allocated or assigned in the event of a partial sharing of the social assets or acquisition of the shares of a cooperative corporation approved by the National Council of Cooperation; ".
Art. 16. Article 269, paragraph 1^erthe same Code, which was replaced by the Act of 30 March 1994, are amended as follows:
1° 2° is completed as follows:
other than those referred to in 2°bis;"
2° it is inserted a 2°bis, written as follows:
"2°bis to 10 p.c. in respect of amounts defined as dividends by sections 186, 187 and 209 in the event of the total or partial sharing of a resident or foreign corporation, or the acquisition of shares or shares of a particular corporation;".
Art. 17. Section 282 of the same Code is supplemented by the following paragraph:
" Paragraph 1^er is not applicable to dividends generated by shares or shares for which the taxpayer determines that the taxpayer has had full ownership of the dividends during the uninterrupted twelve-month period prior to the award of the dividends or that, during that period, such shares or shares have not belonged, in full ownership, at any time to a taxpayer other than a corporation subject to corporate tax or to a foreign corporation that has engaged in such shares or shares "
Art. 18. In Article 416 of the same Code, the words "or the taxable investment reserve under Article 194quater, § 4" are inserted between the words "to taxable surplus-values under Article 47, § 6," and the words "a delayed interest calculated in accordance with Article 414".
Art. 19. In Article 463bis, § 1^erParagraph 1^er, 1° of the same Code, inserted by the law of 22 July 1993 and amended by the laws of 21 December 1994, of 20 December 1995, of 22 December 1998 and of 4 May 1999, the words "Article 171, 2°bis" are replaced by the words "Article 171, 2°, f and 2°bis".
PART III. - Advance tax decisions
Art. 20. The Federal Public Service Finance shall make an advance ruling on any application relating to the application of tax laws that fall within its jurisdiction or which it provides the service of collection and collection.
By early decision, it is necessary to hear the legal act by which the Federal Public Service Finance determines in accordance with the provisions in force how the law will apply to a particular situation or operation that has not yet produced tax effects.
The advance ruling cannot take exemption or tax moderation.
Art. 21. The advance ruling request is sent in writing to the Federal Public Service Finance. She must be motivated.
It must contain:
- the identity of the applicant and, where appropriate, the parties and third parties involved;
- description of the applicant's activities;
- complete description of the particular situation or operation;
- the reference to the legal or regulatory provisions to which the decision is to be made.
The application contains, if any, a full copy of the requests that have been submitted for the same purpose to the tax authorities of the Member States of the European Communities or of third States with which Belgium has concluded a preventive convention of double taxation, and the decisions relating thereto.
As long as a decision has not taken place, the application must be supplemented by any new elements relating to the situation or the intended operation.
The advance ruling shall be notified to the applicant within three months of the date on which the application was filed in accordance with the preceding paragraphs. The Federal Public Service Finance and the applicant may amend this common agreement.
The Federal Public Service Finance shall inform the applicant of the period determined in accordance with the preceding paragraph no later than fifteen working days from the time the application is complete.
Art. 22. An early decision cannot be given when:
1° the application relates to situations or transactions identical to those that have already produced tax effects in the head of the applicant or are subject to administrative action or a fiscal legal action between the Belgian State and the applicant;
2° the award of an advance ruling would be inappropriate or inoperative because of the nature of the legal or regulatory provisions invoked in the application;
3° the application relates to any application of a recovery and prosecution tax law.
The King shall determine, by order deliberately in the Council of Ministers, the substances and provisions referred to in paragraph 1^erTwo.
In terms of income tax, an advance ruling may not be given when:
1° at the time of the introduction of the application, essential elements of the operation or the situation described relate to a non-cooperative country with the OECD;
2° the operation or the situation described is devoid of economic substance in Belgium.
Art. 23. Except where the subject-matter of the application justifies it, the decision shall be made for a term not exceeding five years.
The advance ruling is binding on the Federal Public Service Finance for the future, except:
1° where the conditions to which the advance ruling is subordinate are not fulfilled;
2° where it appears that the situation and operations described by the applicant were incomplete or inaccurate, or where essential elements of the operations were not made in the manner presented by the applicant;
3° in the event of amendments to the provisions of treaties, community law or domestic law applicable to the situation or operation referred to in the advance ruling;
4° where it turns out that the advance ruling is not consistent with the provisions of treaties, community law or domestic law.
In addition, the advance ruling no longer links the Federal Public Service Finance where the essential effects of the situation or operations are altered by one or more related or subsequent elements that are directly or indirectly attributable to the applicant. In this case, the withdrawal of the advance ruling results from the day on which the claimant is responsible.
Any application filed with the tax authorities of a Member State of the European Communities or a third State referred to in Article 21, paragraph 3, during the period in which the advance ruling finds its application, as well as any decision relating thereto, shall be communicated immediately to the Federal Public Service Finance for the purposes of this Article.
Art. 24. Early decisions are issued anonymously, in accordance with the provisions on professional secrecy.
Art. 25. The Minister of Finance shall report annually to the House of Representatives on the application of Article 20.
The identity of applicants and staff of the Federal Public Service Finance cannot be mentioned in the report.
The report is made public by the House of Representatives.
Art. 26. The King shall determine, by order deliberately in the Council of Ministers, the modalities for the application of the provisions of this title.
Art. 27. Sections 18, § 3 to § 6, of the Code of Registration, Mortgage and Registry Rights, and 345 of the Income Tax Code 1992, are repealed.
Art. 28. Section 106, paragraph 2, of the Code of Succession Rights is replaced by the following provision:
"Paragraph 2 of Article 18 of the Code of Registration, Mortgage and Registry Rights is applicable mutatis mutandis."
PART IV. - Miscellaneous provisions
CHAPTER 1^er. - Amendments to Royal Decree No. 187 of 30 December 1982 concerning the establishment of coordination centres and the Act of 11 April 1983 on tax and budgetary provisions
Art. 29. In Royal Decree No. 187 of 30 December 1982 on the establishment of coordination centres, as amended by the Acts of 27 December 1984, 4 December 1986, 28 December 1990, 23 October 1991 and 4 April 1995, the following amendments are made:
1° Article 1^er is replaced by the following:
Article 1^er. For the purpose of this Order, the term "coordinating centre" means any resident corporation referred to in Article 2, § 2, 2°, of the Income Tax Code 1992, as well as any Belgian branch of a foreign corporation referred to in Article 2, § 2, 3°, of the same Code, provided that the resident corporation or foreign corporation is a member of a group and that the resident corporation or Belgian branch carries on an activity referred to in paragraph 2.
The "coordinating centre", referred to as "centre", shall be the exclusive purpose of the development and centralization of one or more activities having a preparatory or auxiliary character, listed below, carried out solely for the benefit of all or part of the companies of the group:
- financial transactions and exchange risk coverage and exchange rate fluctuations;
- insurance and risk management;
- scientific research;
- non-commercial relations with national and international authorities;
- accounting and administration operations;
- IT operations;
- advertising and marketing;
- provision and gathering of information and management assistance;
- purchase transactions;
- any other activity having a preparatory or auxiliary character for the companies of the group.
The King can define what to hear by "activities" referred to in the preceding paragraph.
As part of a securitization operation by which the claims of the group members are made or pledged to a non-member of the group, the centre may remain responsible for the recovery and collection of these claims. ";
2° Article 3 is replaced by the following:
"Art. 3. For sections 5 and 6 to be applicable, the centre must meet the following conditions:
1° be part of a group that:
(a) has a multinational character, according to criteria to be determined by the King;
(b) has a capital and reserves with a consolidated amount of €24 million;
(c) annual turnover of two hundred and forty million euros;
2° occupy in Belgium at least the equivalent of ten full-time workers at the expiry of the two-year period following the commencement of its activity;
3° be approved by the King, on the proposal of the Minister of Finance, the Minister of Economy, the Minister of Employment and Labour and the Minister responsible for the Middle Class;
4° shall not possess shares or other representative shares of social rights in any corporation except in the context of the investment of surplus liquidity, provided that the investment corporation referred to in section 21, 2°, of the Income Tax Code 1992 to which the liquidity is placed does not have shares or other representative shares of social rights in any corporation."
3° Article 4 is replaced by the following:
"Art. 4. The licence referred to in section 3, 3°, shall be granted to the centre from the taxable period in which the application for approval has been filed until the expiry of the taxable period closed in the tenth calendar year following that of the introduction of the application.
The effects of the accreditation end before the expiry of the ten-year term in progress in the event of a final decision by the authorities of the European Communities imposing the repeal of this regime of the coordination centres.
Accreditation may be renewed by the Federal Public Service Finance, with the agreement of the Minister of Finance, the Minister of Economy, the Minister of Employment and Labour and the Minister responsible for the Middle Class, provided that an application is made to this effect with this service.
The processing of the application for approval or renewal is suspended when an investigation conducted on the basis of sections 315, 315bis and 316 of the Income Tax Code 1992 reveals concrete elements to presume the existence or preparation of a tax evasion mechanism in the head of the coordination centre and companies that are part of the group to which it belongs.
The licence is repealed, in full right, from the taxable period in which:
1° the centre is no longer part of a group within the meaning of Article 3, 1°;
2° the center does not occupy in Belgium at least the equivalent of ten full-time workers at the expiry of the two-year period following the commencement of its activities, being understood that, when workers of a resident society or a Belgian institution of a foreign company of the group are transferred to the center, that Belgian company or other Belgian companies or institutions of foreign companies members of the group shall be transferred to the center,
The King may determine the terms and conditions for the application of compensatory hiring to ensure its control;
3° the center no longer employs in Belgium at least this equivalent of ten workers;
4° the centre carries out activities that are not mentioned in the Schedule to the Royal Decree by which it was approved or by the decision by which its approval was renewed;
5° the center renounces the approval. ";
4° Article 5 is replaced by the following:
"Art. 5. § 1^er. By derogation from articles 183, 185, 189 to 207, 233, paragraph 1^er and 235 to 240 of the Income Tax Code 1992, the taxable income of the centre is determined on the basis of expenses and operating expenses.
The income so determined cannot be less than the total amount:
(a) non-deductible expenses or expenses for professional costs, except those referred to in sections 198, paragraph 1^er, 1° and 3°, and 238 of the same Code;
(b) abnormal or voluntary benefits to the centre.
§ 2. Section 215, paragraph 2 of the same Code, is not applicable to the centre.
§ 3. A tax credit is granted equal to that of the annual tax paid in accordance with sections 162bis to 162decies of the Code of Succession Rights. This tax credit is charged on corporate tax and the potential surplus is not returned.
§ 4. The following exemptions are also applicable for each taxable period for which the taxable income of the centre is fixed in accordance with § 1^er :
1° where the beneficiary may be identified as not a natural person, a legal person subject to the tax of legal persons or a legal person referred to in section 227, 3°, of the Income Tax Code 1992, the centre is not liable for the pre-payment of furniture due to the dividends distributed, receivables or loans or products of the concession of immaterial movable property, of which it is obligor;
2° the right of proportional registration is not due to the contributions and increases of the statutory capital, without new input, of this centre. This exemption shall be subject to the affirmation by the parties, either in the act of contribution or increase of capital, or in a declaration made at the foot of the act, signed before the registration by the parties or the notary, that the centre shall meet the requirements of this order. ";
5° Article 6, § 1^er, is replaced by the following:
"Art. 6. § 1^er. Foreign officials and researchers at the service of the centre are not required to obtain a work permit or a professional card for the duration of their employment in the centre. ";
6° Article 7, is replaced by the following:
"Art. 7. This Order, however, is not applicable to the centres established by institutions referred to in Article 56, § 2, 2°, (a) , (c) to (e) , (h) and (k) , and Article 216, 2°, (b) , of the Income Tax Code 1992 and similar foreign institutions. ";
7° Article 8 is replaced by the following:
"Art. 8. Our Minister of Finance, Our Minister of Economy, Our Minister of Employment and Labour and Our Minister responsible for the Middle Class are responsible for the execution of this Order. "
Art. 30. Article 29, paragraph 1^er, 2° and 3°, and 2 to 4, of the Act of 11 April 1983 amending the Act of 28 December 1983, supplemented by the Act of 27 December 1984, amended by the Acts of 4 August 1986, 22 February 1990, 28 December 1990, 20 July 1991 and 23 October 1991, are repealed.
CHAPTER 2. - Action plan to ensure better corporate tax collection
Art. 31. It is created within the Federal Public Service Finance, a cell responsible for developing and monitoring an action plan to:
- to effectively subject to corporate tax not-for-profit associations and other legal persons not pursuing a profit-making purpose, engaged in a profit-making operation or operation, without prejudice to the exceptions set out in sections 181 and 182 of the Income Tax Code 1992;
- to intensify the fight against practices found in the head of liquidity companies;
- and strengthen the fight against abuse of moral personality.
PART V. - Entry into force and transitional provisions
Art. 32. § 1^er. Sections 2 to 5, 15 to 17 and 19 apply to income that is awarded or paid, or to consider as such, from 1^er January 2002 and, however, when it comes to transactions referred to in section 209 of the Income Tax Code 1992, the winding-up is not closed until March 25, 2002.
Sections 6, 8 to 13 and 18 come into force from the 2004 taxation year.
Section 7 applies to capital assets acquired or incorporated for a taxable period that is related to the 2004 taxation year or a subsequent taxation year.
Section 14 applies to corporations for which the first accounting year relates to the 2004 taxation year or to a subsequent taxation year.
The King shall, by royal decree deliberated in the Council of Ministers, establish the date of entry into force of sections 20 to 30 of this Act.
Article 31 comes into force on the day of publication of this Act to the Belgian Monitor.
§ 2. Any change made from March 25, 2002 to the closing date of the annual accounts shall not affect the application of the provisions referred to in sections 6 to 13 and 18 to 22 of this Act.
Art. 33. The movable account referred to in section 269, paragraph 1^er, 2°bis, of the Income Tax Code 1992, which refers to incomes attributed or paid, or to consider as such, before the date of publication of this Act to the Belgian Monitor, is, by derogation from article 412, paragraph 1^er, of the same Code, payable no later than fifteen days from the publication of this Act to the Belgian Monitor and the related income tax return must be submitted no later than the same date in the prescribed forms pursuant to section 312 of the same Code.
Art. 34. Sections 18, §§ 3 to 6, of the Code of Registration, Mortgage and Registry Rights and 345 of the Code of Taxes on Revenues 1992, as they existed before being repealed by section 27, as well as section 106, paragraph 2, of the Code of Succession Rights, as it existed before being replaced by section 28, continue to apply to requests for entry into force in advance of article 28.
Art. 35. The Court of Auditors is responsible for carrying out an assessment of the budgetary implications of the measures contained in this Act with a view to ensuring budgetary neutrality.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 December 2002.
ALBERT
By the King:
Minister of Finance,
D. REYNDERS
Seal of the state seal:
Minister of Justice, absent,
Minister of Finance,
D. REYNDERS
____
Note
(1) Session 2001-2002.
House of Representatives.
Documents. - Bill, 50-1918 - No. 1. - Coordinated text, 50-1918 - No. 2. - Amendments, 50-1918 - n^bones 3 to 5. - Report, 50-1918 - No. 6. - Amendments, 50-1918 - No. 7. - Text adopted in plenary and transmitted to the Senate, 50-1918 - No. 8.
Full report. - 6 and 10 December 2002.
Session 2002-2003.
Senate.
Documents. - Project referred to by the Senate, 2-1388 - No. 1. - Amendments, 2-1388 - No. 2. - Report, 2-1388 - No. 3. - Amendments, 2-1388 - No. 4. - Decision not to amend, 2-1388 - No. 5.
Annales. - 20 and 23 December 2002.