belgiquelex.be - Carrefour Bank of Legislation

22 DECEMBER 1998. - Tax and Other Act (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.
CHAPTER I. - Income Tax Code 1992
Art. 2. Article 17, § 1^er, the Income Tax Code 1992 is replaced by the following provision:
« § 1^er. Revenues from capital and movable property are all proceeds of movable assets engaged in any capacity, namely:
1° the dividends;
2° interest;
3° the income of renting, chartering, use and concession of furniture goods;
4° the income included in temporary or living rents that do not constitute pensions and that, after 1^er January 1962, is constituted on an expensive basis by any corporation or company. » .
Art. 3. Article 18 of the same Code, as amended by Article 1^er the Act of 28 July 1992, by section 3 of the Act of 20 March 1996 and by section 3 of the Royal Decree of 20 December 1996, are amended as follows:
1st paragraph 1^er, 1°, is replaced by the following provision:
"1° all benefits attributed by a company to the shares, shares and shareholders, regardless of their name, obtained in any way and in any form;"
2° in paragraph 1^er, is inserted a 2°bis as follows:
"2°bis total or partial refunds of emission premiums on the same condition and to the same extent as social capital refunds;".
Art. 4. Article 21 of the same Code, as amended by Article 1^er the Act of 28 December 1992, by section 134 of the Act of 22 March 1993, by sections 2 and 92, 1°, of the Act of 22 July 1993, by section 5 of the Act of 6 July 1994, by section 2 of the Act of 22 March 1995, by section 2 of the Act of 20 December 1995 and by section 5 of the Act of 20 March 1996, are made the following amendments:
1° 2° is replaced by the following provision:
"(2) income other than income referred to in Article 19, § 1^er, 4°, shares or shares, paid or awarded in the event of total or partial sharing of the social asset or acquisition of shares or shares owned by corporations; »;
2° in 5°, the words "in application of Royal Decree No. 185 of 9 July 1935" are deleted.
Art. 5. Article 29, § 2, of the same Code is supplemented as follows:
"5° the associations of co-owners who possess the legal personality under Article 577-5, § 1^erThe Civil Code. »
Art. 6. Section 45 of the same Code is replaced by the following provision:
“Art. 45. Are also exempted from the surplus-values that relate to shares or shares in resident societies or in companies that have their head office, principal institution or head office or administration in another Member State of the European Communities, when these surplus-values are obtained or recognized on the occasion of a merger, splitting or adoption of any other legal form, §1,^er, or 214, § 1^er, to the extent that the operation is paid by new shares or shares issued for that purpose, or pursuant to similar provisions in that other State.
In this event, any surplus-values or less-values that relate to shares or shares received in exchange are determined in respect of the acquisition or investment value of shares or shares exchanged, possibly increased by the surplus-values imposed or reduced by the less-values admitted both before and after the exchange; for the application of Article 44, § 1^er, 2°, shares or shares received in exchange are expected to have been acquired on the date of acquisition of shares or shares exchanged. »
Art. 7. Article 46, § 1^er, paragraph 7, of the same Code, inserted by section 2 of the Act of 30 January 1996 is reported.
Art. 8. In section 47 of the same Code, as amended by section 8 of the Royal Decree of 20 December 1996, the following amendments are made:
1° in the opening sentence of § 1^erParagraph 1^er, the words "at the price of realization" are replaced by the words "at the value of realization";
2° paragraph 1^erParagraph 1^er, 2°, is replaced by the following provision:
"2° on the occasion of an alienation not referred to in 1°, of intangible assets on which depreciation has been taxed or of tangible capital assets and provided that alienated assets have the nature of capital assets for more than 5 years at the time of their alienation,"
3° paragraph 1^erParagraph 2 is replaced by the following provision:
"Assimilated to tangible capital assets, the land and constructions under the asset placements position, in accordance with the annual accounts legislation of insurance companies. »
Art. 9. Section 52, 8°, of the same Code is replaced by the following provision:
"8° the amounts that the taxpayer pays, for himself, for his spouse and for the members of his household who are at his or her expense, to a mutuality approved by royal decree, for contributions in the framework of a supplementary insurance to benefit from an intervention in the cost of health care that is repayable under the law relating to compulsory health care insurance and compensation, coordinated on July 14, 1994, without however falling within "
Art. 10. In section 56 of the same Code, as amended by section 10 of the Act of 6 July 1994, the following amendments are made:
1° § 1^er is replaced by the following provision:
« § 1^er. For the purposes of section 55, no limitation is applicable in respect of amounts paid by credit institutions subject to the Act of 22 March 1993 relating to the status and control of credit institutions as well as by the National Bank of Belgium and the Institute of Repayment and Guarantee. »;
2° § 2, 2°, b, is replaced by the following provision:
"(b) the companies referred to in Article 1^er Royal Decree No. 64 of 10 November 1967 organizing the status of portfolio companies, replaced by Article 7 of the Act of 20 January 1978 organizing the holdings association in economic planning and amending the status of portfolio companies; »;
3° § 2, 2°, d, is replaced by the following provision:
"(d) mortgage companies subject to Royal Decree No. 225 of 7 January 1936 regulating mortgage loans and arranging the control of mortgage companies, as well as mortgage companies subject to the Act of 4 August 1992 on mortgage credit; »;
4° § 2, 2°, f and g, is repealed;
5° § 2, 2°, j, is repealed.
Art. 11. Article 104 of the same Code, as amended by Article 81 of the Act of 28 December 1992, by Article 18 of the Act of 18 June 1993, by Article 16 of the Act of 6 July 1994, by Article 1^er the Act of 22 February 1995, section 2 of the Act of 2 April 1996 and section 2 of the Act of 4 June 1997, are amended as follows:
1° in 3°, b, the words "and the Institute for the encouragement of scientific research in industry and agriculture" are deleted;
2° in 3°, d, the words, by decree deliberated in the Council of Ministers" are deleted;
3° the 3° is completed as follows:
"(j) institutions that aim to preserve or protect monuments and sites whose area of influence extends to the entire country, to one of the regions or to the German-speaking Community, and which are approved by the King;".
Art. 12. Section 108 of the Code, repealed by section 18 of the Act of 18 June 1993, is reinstated in the following wording:
"Art. 108. The King determines the obligations and formalities to be performed by the donees so that the liberalities can be admitted as deductions. » .
Art. 13. In Article 110 of the same Code, replaced by Article 2 of the Law of 22 February 1995 and amended by Article 2 of the Law of 14 July 1997, the words "in Article 104, 3°, b, e, g, i, 4° and 4°bis," are replaced by the words "in Article 104, 3°, b, d, e, g, i, j, 4° and 4°bis".
Art. 14. Article 135, paragraph 1^er, 1°, third dash, of the same Code is replaced by the following provision:
" - after the period of primary disability provided for in section 87 of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994, its capacity to gain is reduced to one third or less as provided for in section 100 of the same coordinated law;".
Art. 15. Section 143, 3°, of the same Code is repealed.
Art. 16. In section 145¹⁵Paragraph 1^erin the same Code, the words "institutions and enterprises referred to in Article 56, § 1^er and § 2, 2°, f and g. are replaced by the words "the establishments referred to in Article 56, § 1^er. "
Art. 17. Section 180, 2°, of the same Code, as amended by section 82 of the Act of 28 July 1992, by section 7 of the Act of 28 December 1992, by section 25 of the Act of 6 July 1994 and by section 2 of the Act of 6 July 1997, is replaced by the following provision:
"2° la "Naamloze Vennootschap Zeekanaal en Watergebonden Grondbeheer Vlaanderen", the Company of the Marine Facilities of Bruges, the Port of Brussels, the communal harbour authority of Antwerp, the communal port authority of Ostende and the autonomous ports of Liège, Charleroi and Namur; "
Art. 18. Section 181, 7°, of the same Code, as amended by sections 26 and 85 of the Act of 6 July 1994 and section 3 of the Act of 14 July 1997, is replaced by the following provision:
"7° which are approved for the purposes of Article 104, 3°, b, d, e, h, i and j, 4° and 4°bis, or which would be, if they requested, or if they met all the conditions to which the approval is subordinated, other than that of having, as the case may be, a national activity or an area of influence extending to one of the regions or »
Art. 19. In section 184 of the same Code, as amended by section 16 of the Act of 28 July 1992 and by section 10, 1 of the Act of 30 January 1996, the following amendments are made:
1° paragraph 2 is replaced by the following provision:
"Emission premiums are equivalent to capital released on the same condition and to the same extent as social capital. »;
2° the article is supplemented by the following paragraphs:
"When a branch of activity or a universality of goods is brought under the conditions that render Article 46, § 1^erParagraph 1^er, 2°, applicable, the capital released by this contribution is equal to the net tax value that this contribution had in the leader of the contributor.
Where a Belgian establishment is in receipt of a contribution to a resident corporation, under the conditions that make Article 231, § 3, applicable, the capital released by that contribution is equal to the net tax value that the establishment had in the head of the contributor, at the time of the contribution transaction, under deduction:
1° of previously taxed reservations;
2° of exempt reserves, other than:
(a) the surplus-values referred to in Article 44, § 1^er1°, which were exempt;
(b) value reductions and exempt provisions referred to in section 48. »;
3° the article is further supplemented by the following paragraph:
"Without prejudice to the application of Article 214, § 1^er, however, is not considered to be freed capital, the net assets referred to in section 26sexies of the law of June 27, 1921 granting civil personality to non-profit associations and public utility institutions, which composes the social capital of a society with social purpose or which was recorded on an unavailable reserve account of that corporation. This social capital and reserve account are exempt only if the conditions referred to in section 190 are met. "
Art. 20. Section 190 of the same Code is replaced by the following provision:
"Art. 190. The plan of surplus-values provided for in the tax of natural persons in sections 44, §§ 1^er and 3, 45, 46, § 1^erParagraph 1^er, 2°, and 47, is also applicable to companies.
With regard to the " exempted or provisionally unimposed surplus-values referred to in articles 44, §§ 1^er and 3 and 47, this surplus-value regime is applicable only to the extent that this quotity is carried and maintained to one or more separate accounts of the liability and where it is not used as a basis for calculating the annual allocation of the legal reserve or any remuneration or attributions.
The above-mentioned conditions are also applicable to surplus-values referred to in Articles 45 and 46, § 1^erParagraph 1^er, 2°, except in cases where, in accordance with the accounting and annual accounts laws of enterprises, such surplus-values are not expressed.
In the event and to the extent that these conditions cease to be observed during any tax period, the previously exempted or provisionally not imposed quotity of surplus-values is considered to be a benefit obtained during that taxable period. "
Art. 21. The following amendments are made to section 191 of the Code:
1° the words "to housing credit companies" are replaced by the words "to housing companies";
2° the words "Article 216, 2°," are replaced by the words "Article 216, 2°, b,".
Art. 22. In section 192 of the same Code, as amended by section 8 of the Act of 28 December 1992 and section 21 of the Royal Decree of 20 December 1996, the following amendments are made:
1° in paragraph 1^er, the words "not referred to in Article 45, paragraph 1^er," are inserted between the words "values" and the words "realized on shares";
2° to the article whose text thus modified shall form § 1^er, it is added a § 2, which reads as follows:
“§2. Where in respect of the transactions referred to in Article 46, § 1^erParagraph 1^er, 2°, the employment referred to in section 47 is part of the contribution or, if any, where the beneficiary corporation has made an irrevocable undertaking to carry out this employment, the provisionally unimposed portion at the time of the contribution, of the surplus-value referred to in section 47 is totally exempted in the head of the former taxpayer, without prejudice to the application, with respect to that surplus-value, The accounting expression of this surplus-value in the head of the beneficiary company of the contribution remains without impact on the determination of the result of the taxable period. "
Art. 23. In section 198 of the same Code, as amended by section 17 of the Act of 28 July 1992, by section 5 of the Act of 22 July 1993, by section 7 of the Act of 27 December 1993, by section 28 of the Act of 6 July 1994, by section 11 of the Act of 20 December 1995 and section 24 of the Royal Decree of 20 December 1996, are amended as follows:
1st paragraph 1^er5° is repealed;
2° the following paragraph is inserted between paragraphs 1^er and 2:
"Exclusively for the application of paragraph 1^er, 7°, however, are, by derogation from section 184, considered to be freed capital, the previously released capital reductions for the accounting of proven losses or for the establishment of a reserve to cover a foreseeable loss and used for the accounting of the proven loss. "
Art. 24. Section 199 of the same Code is replaced by the following provision:
"Art. 199. Except for income referred to in section 21, 5° and 6°, and liberalities made in the form of works of art referred to in section 104, 5°, b, income exempted under this Code or special legal provisions, which are included in the profits of the taxable period, shall, for the determination of the taxable income, be deducted from such profits. "
Art. 25. In section 203 of the same Code, replaced by section 26 of the Royal Decree of 20 December 1996, the following amendments are made:
1° in § 2, paragraph 2, the words "under Article 192. are replaced by the words "under section 192, § 1^er"
2° in the Dutch text of § 2, paragraph 3, the words "rechtmatige financiële en economische behoeften" are replaced by the words "rechtmatige financiële of economische behoeften".
Art. 26. In Article 206, § 2, paragraph 1^er, of the same Code, replaced by Article 1^er of the Law of 6 August 1993, the words "in accordance with Article 46, § 1^erParagraph 1^er, 2°, and 2" are replaced by the words "in application of Article 46, § 1^erParagraph 1^er, 2°, and 3, "
Art. 27. Section 210, § 2, of the same Code, as amended by Article 2 of the Act of 6 August 1993, is supplemented by the following paragraph:
"In the event of a merger by absorption or incorporation of a new corporation and in the event of a split by absorption or incorporation of new companies, carried out in accordance with the provisions of the co-ordinated laws on commercial companies and the legislation relating to the accounting and annual accounts of enterprises, in the head of the absorbing or beneficiary company:
- the capital released by the contribution is expected to correspond to the real value of the social asset, referred to in the preceding paragraph, which is brought to that corporation, to the extent that the contributions are paid by new shares or shares, issued for that purpose;
- the investment value of the elements brought is expected to correspond to the real value they had in the head of the company absorbed or slit on the date the transaction occurred. »
Art. 28. In section 211 of the same Code, replaced by section 3 of the Act of 6 August 1993 and amended by section 102 of the Act of 21 December 1994 and section 5 of the Act of 16 April 1997, are amended as follows:
1° § 1^erParagraph 1^er, 1°, is replaced by the following provision:
"1° the surplus-values referred to in Articles 44, § 1^er, 1° and 47, which are exempted at the time of the transaction, the capital subsidies referred to in section 362 which, at the time of the transaction, are not yet considered as profits, as well as any surplus-values made or recognized on the occasion of that transaction, do not intervene for the taxation under section 208, paragraph 2, or section 209; »;
2° in § 1^erParagraph 1^er, 2°, the words "emises in remuneration of contributions" are replaced by the words "emises to this end";
3° in § 2, paragraph 2, the words "immunized reserves" are replaced by the words "exempt reserves";
4° § 2, paragraph 4, is replaced by the following provision:
"No reduction is attributed to surplus-values and capital subsidies referred to in § 1^erParagraph 1^er, 1°, or any reductions in exempt value and provisions referred to in section 48, which are as such in the accounting of absorbent companies or beneficiaries. "
Art. 29. In section 212 of the same Code, replaced by section 4 of the Act of 6 August 1993, the following amendments are made:
1° in paragraph 1^er, the words "capital subsidies" are inserted between the words "investment deductions," and the words "less-values or surplus-values";
2° in paragraph 2, the word "subsides" is replaced by the words "capital subsidies";
3° the article is completed by the following paragraph:
"For the purposes of this Code, the surplus-values referred to in Article 211, § 1^erParagraph 1^er, 1° realized or observed during this operation are considered unrealized. "
Art. 30. In section 213 of the same Code, replaced by section 5 of the Act of 6 August 1993, the words "taxed and immunized reserves" are replaced by the words "taxed and exempt reserves".
Art. 31. Article 215 of the same Code, as amended by Article 22 of the Act of 28 July 1992, by Article 10 of the Act of 28 December 1992, by Article 7 of the Act of 22 July 1993 and by Article 30 of the Royal Decree of 20 December 1996 and partially annulled by the judgments of the Court of Arbitration of 1^er June 1994 and 14 December 1994 are amended as follows:
1° paragraph 3, 1°, is replaced by the following provision:
"1° to companies, other than cooperative companies approved by the National Cooperation Council, which hold shares or shares whose investment value exceeds 50 p.c., that is, the revalued value of the released capital, or the released capital increased from the taxed reserves and the accrued surplus-values. The value of shares or shares and the amount of capital released, reserves and surplus-values are to be considered at the closing date of the annual accounts of the corporation holding shares or shares. To determine whether the limit of 50 p.c. is exceeded, it is not taken into account the shares or shares that represent at least 75 p.c. of the capital released from the corporation that issued the shares or shares; »;
2° paragraph 3, 4°, is replaced by the following provision:
"4° to corporations, other than cooperative corporations approved by the National Cooperation Council, which do not allocate to at least one of their business leaders a dependant pay for the result of the taxable period equal to or greater than the corporation's taxable income when that remuneration does not amount to 1,000,000 francs; »;
Paragraph 4 is reported.
Art. 32. Section 216, 2°, of the same Code, replaced by section 35 of the Act of 28 December 1992 and amended by section 29 of the Act of 6 July 1994 and by section 1^er the Royal Decree of 24 December 1996 on the coordination of the legal and regulatory provisions relating to the organization of the public sector of credit and the detention of public sector participation in certain private financial companies, is replaced by the following provision:
« 2° to 5 p.c. :
(a) for local business companies and regional or professional federations of these companies, entitled to provide credits to artisanal tools under the statute of the S.A. Professional credit;
(b) for the following housing companies: the Société nationale du logement, the Vlaamse Huisvestingsmaatschappij, the Société régionale wallonne du logement, the Société nationale terrienne, the Vlaamse Landmaatschappij and the companies approved by them, the cooperative companies "Woningfonds van de Bond der kroostrijk "
Art. 33. Section 221, 2°, of the same Code, is replaced by the following provision:
"2° of income and proceeds of capital and movable property, including the first income brackets referred to in section 21, 5° and 6°, as well as various incomes referred to in section 90, 5° to 7°. "
Art. 34. Article 228, § 2, 3°, e, of the same Code, replaced by Article 5 of the Act of 30 January 1996, is replaced by the following provision:
"(e) the quality of associate in societies, groups or associations that are supposed to be associations without legal personality under Article 29, § 2;".
Art. 35. Article 231, § 3, paragraph 2, of the same Code, inserted by Article 3 of the Act of 30 January 1996, is reported.
Art. 36. In Article 238 of the same Code, the words "Article 198, 1°" are replaced by the words "Article 198, paragraph 1^er1°".
Art. 37. In Article 241, 2°, of the same Code, amended by Article 85 of the Law of 6 July 1994 and by Article 4 of the Law of 14 July 1997, the words "Article 104, 3°, a to i, 4°, 4°bis and 5°" are replaced by the words "Article 104, 3°, a to j, 4°, 4°bis and 5°".
Art. 38. Article 246, paragraph 1^er, 1°, of the same Code, as amended by section 4 of the Act of 30 January 1996, is replaced by the following provision:
"1° without prejudice to the application of section 218, the tax shall be calculated according to the rates and rules provided for in section 215 on the understanding that, with respect to the rules laid down in article 215, paragraphs 2 and 3, 4°, only the profits referred to in section 233, paragraph 1^er;".
Art. 39. In Article 253, 2°, of the same Code, replaced by Article 38 of the Law of 6 July 1994, the words "in Article 231, 1°" are replaced by the words "in Article 231, 1 §^er1°".
Art. 40. Section 261, 2°, of the same Code, is replaced by the following provision:
"2° the intermediaries established in Belgium that intervene in any way in the payment of foreign capital and movable property incomes or lots related to foreign securities of borrowing, unless it is justified that the deduction of the prepayment was made by an intermediate precedent; ".
Art. 41. In section 262, 5°, of the same Code, replaced by section 6 of the Act of 20 March 1996, the words "even if they have not been the subject of a public offer in Belgium," are reported.
Art. 42. In section 269, paragraph 3, c, of the same Code, replaced by section 20 of the Act of 30 March 1994, the words "other than the dividends referred to in section 21, 2°" are deleted.
Art. 43. Section 270, 1°, of the same Code, as amended by section 1^er of the Royal Decree of 12 December 1996, is replaced by the following provision:
"1° the taxpayers referred to in sections 3, 179 or 220, who, as debtor, depositary, agent or intermediary, pay or allocate in Belgium or abroad remuneration, pensions, rents and allowances, as well as non-residents referred to in section 227 for which the remuneration, pensions, rents and allowances they pay or allocate in Belgium or abroad are professional costs in the sense of 237; "
Art. 44. In section 294 of the same Code, the following amendments are made:
1° in paragraph 1^er, the words "in articles 243 to 245 and 246, 1°," are replaced by the words "in articles 243 to 245 and 246, paragraph 1^er1°, 2";
2° in paragraph 2, the words "at articles 243 to 246, 1°" are replaced by the words "at articles 243 to 245 and 246, paragraph 1^er1° and 2";
3° in paragraph 3, the words "in article 246, 2°" are replaced by the words "in article 246, paragraph 1^erTwo.
Art. 45. In section 313, paragraph 1^er, of the same Code, replaced by Article 8 of the Law of 16 April 1997, the words "real property" are replaced by the words "good furniture".
Art. 46. Section 362 of the same Code is supplemented by the following paragraph:
"Where in respect of transactions referred to in Article 46, § 1^erParagraph 1^er, 2°, subsidiated assets are part of the contribution, the portion of the capital subsidy that has not yet been considered profit at the time of the transaction is totally exempted in the head of the former taxpayer, without prejudice to the application of paragraph 1^er, in the head of the recipient company of the contribution. The accounting expression of capital subsidies in the head of the contribution recipient corporation remains without impact on the determination of the result of the taxable period. "
Art. 47. The following amendments are made to section 414 of the Code:
1° in paragraph 1^er, the words "of an interest set at 0.8 p.c. per calendar month" are replaced by the words "of the legal interest calculated by calendar month";
2° Paragraph 2 is deleted.
Art. 48. The following amendments are made to section 418 of the Code:
1° in paragraph 1^er, the words "at the rate of 0.8 p.c. per calendar month" are replaced by the words "at the rate of legal interest calculated by calendar month";
2° Paragraph 2 is deleted.
Art. 49. Article 440, paragraph 1^erthe same Code is replaced by the following provision:
"Through the debtor's agreement, banks subject to the Act of 22 March 1993 relating to the status and control of credit institutions, companies subject to Royal Decree No. 225 of 7 January 1936 regulating mortgages and arranging control of mortgage companies, as well as mortgage companies subject to the Act of 4 August 1992 relating to mortgage credit, are authorized to issue the notice referred to in section 433 "
Art. 50. Section 442bis of the same Code, inserted by the Royal Decree of 12 December 1996, is replaced by the following provision:
"Art. 442bis. § 1^er. Without prejudice to the application of sections 433 to 440 of this Code, the assignment, in property or in usufruct, of a set of goods, consisting of, inter alia, elements that allow the customer to be retained, assigned to the exercise of a liberal profession, office or office, or of an industrial, commercial or agricultural operation, as well as the establishment of a usufruit on the same property shall not be effective to the recipients
§ 2. The assignee shall be jointly and severally liable for the payment of tax debts due by the assignor upon the expiry of the period referred to in § 1^erup to the amount already paid or awarded by it or an amount corresponding to the nominal value of the shares or shares assigned in consideration of the assignment, before the expiry of that period.
§ 3. §§ 1^er and 2 shall not be applicable if the assignor attached to the act of assignment a certificate made exclusively for that purpose by the receiver of the contributions referred to in § 1^er within thirty days before the notification of the Convention.
The issuance of this certificate is subject to the introduction by the transferor of a duplicate application to the receiver of contributions from the assignor's home or head office.
The certificate will be refused by the Receiver if, on the date of the application, it has been charged to the assignor with an taxation that constitutes a certain and liquid debt or if the application is filed after the advertisement or during a fiscal control or after the submission of an application for information relating to his tax situation.
The certificate is either issued or refused within 30 days from the introduction of the transferor's request.
§ 4. The assignments made by a curator, a suspended commissioner or in the course of a merger, splitting, the contribution of a universality of goods or an industry carried out in accordance with the provisions of the co-ordinated laws on commercial companies are not subject to the provisions of this section.
§ 5. The application and certificate referred to in this section shall be prepared in accordance with the models agreed by the Minister of Finance. » .
Art. 51. Article 463bis, § 1^erthe same Code, inserted by section 22 of the Act of 22 July 1993 and amended by section 25 of the Act of 30 March 1994, by section 106 of the Act of 21 December 1994 and by section 21 of the Act of 20 December 1995, are amended as follows:
1° in paragraph 1^er, 1°, the words "at articles 219 and 246, 2°;" and the words "and 246, paragraph 1^er," are replaced by the words "at articles 219 and 246, paragraph 1^er, 2°;" and by the words "and 246, paragraph 1^er1°, 2";
2° in paragraph 2, the words "and 246, paragraph 1^er," are replaced by the words "and 246, paragraph 1^er, 1°, and 2".
Art. 52. In Title VIII of the same Code, a chapter III, including an article 470bis, is inserted as follows:
“Chapter III. - Special collection rules
Art. 470bis.- The administration of direct contributions attributes to the provinces, municipalities and agglomerations of municipalities the proceeds of order made to their profit, deducting the discounts liquidated on their behalf during the month of the collection of these revenues.
When the debursements liquidated during a month's dependants of a province, commune or agglomeration of communes exceed the revenues that were collected during the same month by the administration of direct contributions on behalf of that power, that surplus is for the said administration a recoverable debt in the head of the province, the municipality or the agglomeration of communes.
The above-mentioned debt is recovered by ex officio debit on the attribution of the month's revenues following the imputation of deductions; this one-month period is financed by the administration of cash.
Before proceeding with the above-mentioned debit, the administration of direct contributions shall notify the amount of its receivable to the province, municipality or agglomeration of municipalities.
Where the amount of income earned during the month following the amount of debit is insufficient to cover the amount of debt that remains after the application of paragraph 3, the latter amount shall be cleared by debiting the financial account that the province, municipality or agglomeration of municipalities has designated for the payment of income earned on its account.
The administration of direct contributions shall notify the province, the municipality, the agglomeration of municipalities and the establishment of credit, the amount of the debt to be cleared.
The King shall determine the terms and conditions of application of this article. "
Art. 53. In article 519bis, paragraph 1^er, of the same Code, inserted by section 48 of the Act of 28 July 1992, the words "section 190, paragraph 2," are replaced by the words "section 190, paragraph 4," and the words "paragraph 1^er of this article 190" are replaced by the words "in section 190, paragraphs 1^er 3".
Art. 54. In Article 524 of the same Code, inserted by Article 6 of the Law of 27 October 1997, the word "1996" is replaced by the word "1998".
CHAPTER II Income Tax Code
Art. 55. In section 2 of the Tax Code assimilated to Income Tax, replaced by the Royal Decree of 29 March 1994, the words "and 422 to 442" are replaced by the words ", 422 to 442 and 470bis".
CHAPTER III
Code of Registration, Mortgage and Registry Rights
Art. 56. Section 19 of the Code of Registration, Mortgage and Registry Rights, as amended by the Acts of 13 August 1947, 12 July 1960, 5 July 1963 and 3 July 1972 and the Royal Decree of 12 December 1996, are amended as follows:
1° to paragraph 1^er7° is repealed;
2° in paragraph 2, the words "the n^bones 2, 3, 5 and 7" are replaced by the words "the n^bones 2, 3 and 5".
Art. 57. In Article 21¹ the same Code, renumbered by the law of 13 August 1947 and amended by the Royal Decree of 12 December 1996, the words "Article 19, 2°, 3° or 7°" are replaced by the words "Article 19, 2° or 3°".
Art. 58. Article 31, paragraph 1^er, 1°ter, of the same Code, inserted by the Royal Decree of 12 December 1996, is repealed.
Art. 59. Section 32, 9°, of the same Code, inserted by the Royal Decree of 12 December 1996, is repealed.
Art. 60. Section 33, paragraph 2, of the same Code, inserted by the Royal Decree of 12 December 1996, is repealed.
Art. 61. In section 35, paragraph 1^er, 6°, of the same Code, amended by the law of 14 April 1965 and the royal decree of 12 December 1996, the words "Article 19, 2°, 3°, 5° and 7°" are replaced by the words "Article 19, 2°, 3° and 5°".
Art. 62. In section 170, paragraph 1^er, of the same Code, as amended by the Royal Decree of 12 December 1996, the words "Article 19, 2°, 3° or 7°" are replaced by the words "Article 19, 2° or 3°".
Art. 63. Section 83 of the Code, amended by the Act of 13 August 1947 and the Act of 23 December 1958, is supplemented as follows:
"This right, however, is not due in the event of the application of section 140bis. » .
Art. 64. Article 92² the same Code, inserted by Royal Decree No. 12 of 18 April 1967, is supplemented as follows:
"This right, however, is not due in the event of the application of section 140bis. "
Art. 65. Section 117 of the same Code, as amended by the Act of 12 August 1985, is supplemented by the following paragraph:
Ҥ3. The right provided for in Article 115 is not the same for the contributions of shares or representative shares of social rights having the effect that the company to whom the contribution is made obtains at least 75 p.c. of the social capital of the corporation whose shares or shares are made.
When this percentage is acquired as a result of several intake transactions, only the intakes to achieve this percentage and subsequent intakes benefit from the application of this paragraph.
The application of this paragraph is further subject to the following conditions:
1° the acquirer society and the company whose shares or shares are made shall both have their effective head office or their registered seat in the territory of a Member State of the European Communities;
2° the contribution shall be paid exclusively by the issuance of shares or new shares of the acquiring corporation, accompanied by a cash payment not exceeding the tenth of the nominal value of the shares or shares assigned;
3° the act of contribution must bear the mention that the acquirer society obtains on the occasion of this contribution at least 75 p.c. of the social capital of the society whose shares or shares are made;
4° a certificate from a company reviewer confirming the fact in accordance with this paragraph, 3°, must be annexed to the act.
If there is no compliance with any of the conditions of the application of this paragraph at the latest at the time of the presentation of the formality act, the formality is registered under ordinary law. "
Art. 66. In section 121, paragraph 1^er, 1°, of the same Code, replaced by the law of 14 April 1965, the words "and the transformation of a non-profit association into a society with social purpose" are inserted between the words "of a different kind" and ". This provision."
Art. 67. In Part I, chapter IV, section XII of the same Code, a first sub-section comprising current sections 131 to 140 is inserted, as follows:
"Subsection 1. - General provisions."
Art. 68. In Part I, chapter IV, section XII of the same Code, a sub-section II comprising sections 140bis to 140octies is inserted, as follows:
"Subsection II. - Specific provisions for corporate donations
Art. 140bis. The right set out in section 131 is reduced to 3 p.c. for:
1° the conventions recognized by authentic act aiming at the free transfer of full ownership of a universality of goods or a branch of activity by means of which an industrial, commercial, artisanal or agricultural activity, a liberal profession or an office or office is carried out.
The right set out in section 131 nevertheless remains applicable to transfers of immovable property that is partially or wholly intended for the dwelling;
2° the conventions recognized by authentic act with the purpose of free transfer of the full ownership of shares or parts of a society whose effective management seat is located in a Member State of the European Union and whose purpose is the exercise of an industrial, commercial, artisanal or agricultural activity, a liberal profession or an office or office.
Art. 140ter. The reduction of the law established by section 140bis is subject to the following conditions:
1° the donor and the donator shall be natural persons;
2° in case of application of article 140bis, 1° :
- the act or declaration certified and signed at the foot of the act by the donor and the donee must expressly state:
(a) that the donation relates to the full ownership of a universality of goods or a branch of activity by means of industrial, commercial, artisanal or agricultural activity, a liberal profession or an office or office;
(b) in the case where the donation includes immovable property, whether or not the immovable or partially or totally intended for the dwelling;
- the certificate or declaration certified and signed at the foot of the act by the donee must also expressly state:
(a) the donee undertakes to continue the activity for an uninterrupted period of five years from the date of the authentic act of the donation;
(b) that the donee undertakes to provide, on an annual basis, to the recipient of the registration of the office where the act has been registered, proof of the maintenance of the activity;
(c) that the donee undertakes not to partially or totally affect the dwelling for an uninterrupted period of five years, from the date of the authentic act of the donation, the immovable property transmitted with the benefit of the reduced tariff;
3° in case of application of article 140bis, 2° :
- the donee must produce a certificate signed by a notary, a company reviewer or an accountant certifying that the donation relates to a set of titles representing at least 10 p.c. voting rights at the general assembly;
- in the case where all the shares or shares that are the subject of the donation represent less than 50 p.c. of the voting rights to the general assembly, the donee must also produce a shareholding pact covering at least 50 p.c. of the voting rights to the general assembly and whose terms are fixed by the King.
The documents provided above are annexed to the authentic act;
- the certificate or declaration certified and signed at the foot of the act by the donee must also expressly state:
(a) that the donee undertakes to keep full ownership of the shares or shares that are the subject of the donation for an uninterrupted period of five years from the date of the authentic act of the donation;
(b) that the donee undertakes to produce annually, to the receiver of the registration of the office where the act has been registered, proof of the maintenance in his leader of the full ownership of the shares or shares given.
Art. 140quater. Failing to meet any of the conditions set out in articles 140bis and 140ter, at the latest at the time of the presentation of the act to formality, the latter is registered in the law established by sections 131 to 140. No request for restitution is admissible.
Art. 140quinquies. Except as a case of force majeure, the right in accordance with sections 131 to 140, plus the legal interest at the fixed rate in civil matters from the date of the registration of the donation, becomes payable to the donee, where the donee:
(a) has not fulfilled the commitments under Article 140ter, 2° or 3°;
(b) in the case of a donation referred to in Article 140bis, 1°, has given, within five years prescribed by Article 140ter, in whole or in part, the goods through which the industrial, commercial, artisanal or agricultural activity, the liberal profession or the office or office is carried out; however, this provision does not apply where the assignment is justified by the exercise of the activity, the liberal profession or the office or office;
(c) in the case of a donation referred to in Article 140bis, 2°, has given, within five years prescribed by Article 140ter, in whole or in part, the shares or shares, or has transferred the effective management seat of the company to a non-member State of the European Union.
This section is not applicable to transfers of assets referred to in (b) above, where they are carried out by succession or donation, and that the rights holders or donators resume the commitments made by the deceased or by the donor.
Nor is it applicable to the assignments of shares or shares referred to in paragraph (c) above, where they are carried out by succession, gift or assignment in an expensive capacity to another member of the shareholding pact, and that the beneficiaries, the donee or the purchaser resume the commitments made by the deceased, the donor or the assignor.
Art. 140sexies. The donee who has benefited from the reduction of the right may offer to pay the right due in accordance with sections 131 to 140, plus the legal interest at the fixed rate in civil matters, due on the date of the registration of the donation, before the expiry of the five-year period during which the activity must be continued or the full ownership of the shares or shares must be maintained.
Art. 140s. However, the duty payable pursuant to section 140quinquies is not payable in the event that the full ownership of the property that has benefited from the reduced right is subject to a free transfer in favour of the original donor prior to the expiry of the five-year period during which the activity must be prosecuted or the full ownership of the shares or shares must be maintained.
Art. 140octies. In the cases provided for in section 140quinquies, the law and interest shall be liquidated on a statement to be filed on registration within the first four months after the expiry of the year in which one of the causes of debiting the right due in accordance with sections 131 to 140 has intervened and under penalty of a fine equal to that right, to the office that has received the reduced right.
In the case provided for in section 140sexies, the donee who has benefited from the reduction of the right must submit to the registration office of the above-mentioned registration, a declaration determining the consistency and value of the property for which he wishes to pay the right due in accordance with sections 131 to 140.
The declarations prescribed by this Article, signed by the person who has benefited from the reduction of the law, shall be made in two copies, one of which shall be deposited in the office of registration. The declarations mention the act, the new fact that determines the debit of the right due in accordance with sections 131 to 140 and all necessary elements for the liquidation of the tax. "
Art. 69. In article 161 of the same Code, it is inserted an 11°, written as follows:
"11° the acts and certificates that must be obligatoryly annexed to the acts referred to in Article 140bis. »
Art. 70. It is inserted in the same Code an article 169bis, which reads as follows:
"Art. 169bis. For the purposes of articles 115bis and 140bis, the assignment or destination of a building shall be assessed by cadastral parcel or by part of a cadastral parcel where such a part forms, either a separate dwelling, or a department or division of production or activity that may operate separately, or an entity dissociable from other property or parts forming the plot. "
Art. 71. It is inserted in the same Code an article 182bis, which reads as follows:
"Art. 182bis. Persons who request the application of section 140bis are required to communicate, without displacement, any requisition of agents of the administration of the value added tax, registration and domains, all books and documents relating to their activity, to the effect of the said agents to ensure the fair collection of registration fees due by the applicants or by third parties.
Any refusal of communication is found by minutes and is punished by a fine of 50,000 francs. "
Art. 72. § 1^er. The right of proportional registration perceived on the contribution of shares or shares meeting the conditions established by Article 117, § 3, paragraphs 1^er, 2 and 3, 1 and 2°, of the Code of Registration, Mortgage and Registry Rights, inserted by section 65 of this Act, may be returned under deduction of the general fixed law, when the act of intake was passed during the period extending from 1^er July 1997 to and including the date of publication of this Act to the Belgian Monitor.
The application for restitution must be submitted by the company which has paid the right, within two years from the date of publication of this Act to the Belgian Monitor. It must bear the mention that the acquirer company obtained on the occasion of this contribution at least 75 p.c. of the social capital of the corporation whose shares or shares were made. A certificate from a company reviewer confirming this fact must also be attached to the application.
§ 2. The right of proportional registration perceived on the transformation of a non-profit association into a society of social purpose, carried out during the period extending from 1^er July 1996 until and including the day of the publication of this Act to the Belgian Monitor, may be returned under deduction of general fixed law, with the introduction of a claim for restitution by the company which paid the right, within two years from the day of the publication of this Act to the Belgian Monitor.
§ 3. For the surplus, the provisions of the Code of Registration, Mortgage and Registry Rights are applicable to restitutions referred to in §§ 1^er and 2.
CHAPTER IV. - Code of Stamp Rights
Art. 73. In section 59¹ of the Code of Stamp Rights, it is inserted a 61°, written as follows:
"61° the acts and certificates that must be obligatoryly annexed to the acts referred to in Article 140bis of the Code of Registration, Mortgage and Registry Rights. "
CHAPTER V. - Non-tax provisions
Art. 74. Article 1^erParagraph 1^erthe Act of 12 June 1930 establishing a Monetary Fund, as amended by the Act of 23 December 1988, is replaced by the following paragraph:
"The limit of the issuance of divisional currencies by the Treasury is set at 25 billion francs. However, the King can bring this limit to twenty-eight billion francs by a successive release of three slices of one billion francs each. "
Art. 75. In section 26 of the Coordinated Laws on Business Corporations, as amended by the Act of 13 April 1995, a paragraph is added, as follows:
"The King shall determine the contribution to the coverage of the operating expenses of the Banking and Financial Commission to be paid to that Commission by the companies that are registered, radiated or omitted from the list provided for in paragraph 5. "
Art. 76. In the Act of 2 March 1989 on the advertisement of significant interest in publicly traded companies and regulating public procurement, an article 14bis is inserted, which reads as follows:
"Art. 14bis. The King shall determine the contribution to the coverage of the operating expenses of the Banking and Financial Commission to be paid to that Commission by persons held statements to be made to the Commission under this chapter. "
Art. 77. Section 5 of the Act of 6 April 1995 on secondary markets, the status of investment companies and their control, to intermediaries and investment advisors, is supplemented by the following paragraph:
Ҥ3. Without prejudice to section 31, paragraph 6, the King shall determine the contribution to the coverage of the operating expenses of the Banking and Financial Commission to be paid to that Commission by the market authorities, companies and companies whose financial instruments are admitted to the markets or members of those markets. "
Art. 78. Article 826, paragraph 1^erthe Civil Code, amended by the laws of 14 May 1981 and 29 August 1988, is supplemented as follows:
", with the exception of the property referred to in section 140bis of the Code of Registration, Mortgage and Registry Rights. "
Art. 79. Section 922 of the same Code is supplemented by the following provision:
"By derogation from the previous paragraph, the value at the time of the donation is taken into consideration when it comes to goods that have been given under section 140bis of the Code of Registration, Mortgage and Registry Rights. "
Art. 80. The coming into force of this Act is determined as follows:
§ 1^er. Sections 2, 3, 1°, 21, 1°, 23, 1°, 24 and 40 produce their effects from the 1992 taxation year.
§ 2. Section 3, 2° is applicable to refunds made from 1^er July 1997 during a social exercise related to the 1998 taxation year or a subsequent taxation year.
§ 3. Articles 4, 2°, 10, 1° and 2°, and Article 49 concerning the banks, produce their effects on 19 April 1993 but with regard to the communal savings banks, Article 10, 1°, produces its effects from 1^er January 1995.
§ 4. Articles 5 and 34 produce their effects to the associations of co-owners who have the legal personality from 1^er August 1995.
§ 5. Articles 6, 20, 22, 1°, 27, 28, 2° and 3°, 30 and 53 are applicable to merging, splitting, adoption of another legal form or intake, carried out from 1^er October 1993.
§ 6. Section 29, 3°, is applicable to merging or splitting operations from 1^er October 1993.
With regard to the surplus-values referred to in Article 29, 3°, realized or recorded in connection with a merger or split operation carried out prior to the date of publication of this Act, the conditions of Article 190, paragraph 2, as amended by this Act and Article 211, § 2, paragraph 4, of the Code of Taxation on Revenue 1992, shall be fulfilled by the date of publication of the first yearly accounts,
§ 7. Sections 4, 1°, 8, 1° and 2°, 10, 4° and 5°, 16, 18, 19, 1°, 21, 2°, 32 and 33 produce their effects from the 1998 taxation year.
§ 8. Section 8, 3°, applies for the first time to the annual accounts that have been issued after December 31, 1994.
§ 9. Article 10, 3°, produces its effects on 1^er January 1993, as well as section 49 on mortgages subject to the Act of 4 August 1992 on mortgage credit.
§ 10. Article 11, 1°, produces its effects from 1^er January 1995.
§ 11. Articles 11, 3°, 13 and 37 produce their effects from 1^er January 1997.
§ 12. Sections 11, 2°, 12 and 31, 1°, come into force from the 1999 taxation year.
Any modification made from 1^er July 1997 at the closing date of the annual accounts, remains unaffected for the purposes of section 31, 1°.
§ 13. Section 31, 2 is effective from the 1994 taxation year.
Any change made from 4 August 1992 to the closing date of the annual accounts shall not affect the application of section 31, 2°.
§ 14. Sections 15 and 45 produce their effects from the 1997 taxation year.
§ 15. Sections 17 and 36 produce their effects from the 1996 taxation year.
§ 16. Section 19, 2°, is applicable to intake operations carried out from 30 March 1996.
§ 17. Sections 22, 2°, 25, 1°, and 46 are applicable to exempt tax contributions made from the date of publication of this Act to the Belgian Monitor.
§ 18. Section 23, 2°, is applicable to write-offs on shares or shares sustained from 1^er January 1997 on the occasion of the total sharing of the social assets of the issuing company, since the relevant reduction of the released capital was effected as early as 24 July 1991.
§ 19. Section 25, 2°, is applicable to income awarded or paid from 1^er January 1997.
§ 20. Articles 26, 44 and 51 produce their effects from 2 January 1995.
§ 21. Articles 28, 1° and 4°, and 29, 1° and 2°, are applicable to merger or split operations carried out from the date of publication of this Act to the Belgian Monitor.
§ 22. Section 38 produces its effects from the 1996 taxation year. It is also applicable to taxes relating to prior taxation years that are the subject of either a claim filed in the forms and deadlines referred to in section 371 of the Income Tax Code 1992, or an appeal or cassation, on which it had not yet been decided on April 10, 1996.
§ 23. Section 39 produces its effects from the 1993 taxation year.
§ 24. Section 41 applies to shares or shares issued and contracts entered into as of April 7, 1995.
§ 25. Section 42 is applicable to income awarded or paid from 1^er January 1994.
§ 26. Section 43 is applicable to income paid or allocated from the first day of the month following that in which this Act was published to the Belgian Monitor.
§ 27. Sections 52 and 55 are applicable to powers that are in effect from the month following the month in which this Act was published in the Belgian Monitor.
§ 28. Sections 65, 66 and 72 come into force on the day of the publication of this Act to the Belgian Monitor.
§ 29. Article 19, 3°, produces its effects from 1^er July 1996.
§ 30. Articles 47 and 48 come into force on 1^er January 1999.
§ 31. Sections 50 and 56 to 62 come into force on the first day of the third month following that in which this Act was published in the Belgian Monitor.
§ 32. Section 74 comes into force on the day of the publication of this Act to the Belgian Monitor and no later than 31 December 1998.
Art. 81. With respect to the liberalities referred to in section 104, 3°, i, of the Income Tax Code 1992, sections 2 and 3 of the Act of 14 July 1997 amending section 110 of the Income Tax Code 1992 with a view to carrying out section 104, 3°, i), of the same Code, produce their effects from the 1997 taxation year and section 4 of the same Act is applicable to liberalities in 1996.
With respect to the liberalities referred to in section 104, 4bis, of the Income Tax Code 1992, section 3 of the Act produces its effects from the 1996 taxation year, and section 4 of the Act is applicable to the liberalities made from April 10, 1995.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 December 1998.
ALBERT
By the King:
Minister of Finance,
J.-J. VISEUR
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Parliamentary references:
Regular session 1997-1998 and 1998-1999.
House of Representatives
Parliamentary Documents - Bill No. 1608/1. - Amendments, n^bones 1608/2 to 1608/7. - Report, no. 1608/8. - Text adopted by the Commission, No. 1608/9. - Amendments, no. 1608/10. - Text adopted in plenary and transmitted to the Senate, No. 1608/11.
Annales parliamentarians. - Annales de la Chambre : 25 et 26 novembre 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1171/1. - Project not referred to by the Senate, No. 1-1171/2.