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Act Tax Provisions (1)

Original Language Title: Loi portant des dispositions fiscales (1)

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http://www.ejustice.just.fgov.be/eli/loi/2016/12/01/2016003418/monitor

1 DECEMBER 2016. - Tax Act (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chamber has adopted and we sanction the following:
CHAPTER 1. - General provision
Article 1. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Transposition of amended guidelines of the Mother-Single Directive
Art. 2. This chapter transposes Council Directive 2014/86/EU of 8 July 2014 amending Directive 2011/96/EU on the common tax regime applicable to parent companies and subsidiaries of different Member States and Council Directive 2015/121/EU of 27 January 2015 amending Directive 2011/96/EU on the common tax regime applicable to parent companies and affiliates of different Member States.
Art. 3. In section 203 of the Income Tax Code 1992, last amended by the Act of 3 August 2016, the following amendments are made:
(a) in paragraph 1st, paragraph 1st is supplemented by 6° and 7°, as follows:
"6° a company to the extent that it has deducted or may deduct these revenues from its profits;
7° a company that distributes revenues that are related to a legal act or a set of legal acts whose administration, taking into account all the relevant facts and circumstances, has demonstrated, unless proven otherwise, that this act or set of acts is not authentic and is put in place to obtain, as a principal objective or as part of one of the main objectives, the deduction of the revenues referred to in Article 202, § ";
(b) Operative paragraph 2 is supplemented by a paragraph, which reads as follows:
"For the purposes of paragraph 1st, paragraph 1st, paragraph 7th, a legal act or a set of legal acts is considered not to be authentic insofar as this act or set of acts is not established for valid commercial reasons that reflect economic reality. ".
Art. 4. Section 266 of the Code, last amended by the Act of 18 December 2015, is supplemented by a paragraph, which reads as follows:
"The waiver of the collection of the movable pre-payment referred to in paragraph 1 shall not produce its effects in respect of the dividends that are related to a legal act or a set of legal acts whose administration, taking into account all relevant facts and circumstances, has demonstrated, unless otherwise proved, that this act or set of acts is not authentic and is put in place to obtain, as a principal objective A legal act or a set of legal acts is considered not to be authentic insofar as this act or set of acts is not put in place for valid commercial reasons that reflect economic reality. ".
Art. 5. Section 3 applies to revenues that are allocated or allocated as of January 1, 2016.
By derogation from the preceding paragraph, section 3 does not apply to revenues that are allocated or allocated in a taxable period that is closed before the first day of the month following that of the publication of this Act to the Belgian Monitor.
Section 4 applies to revenues that are awarded or paid on or after the first day of the month following that of its publication to the Belgian Monitor.
CHAPTER 3. - Introduction of the choice between the immediate payment and the spreading tax on income tax payment
Art. 6. This chapter partially transposes Council Directive (EU) 2016/1164 of 12 July 2016 establishing rules to combat tax evasion practices that have a direct impact on the functioning of the domestic market.
Art. 7. In Article 218, § 1st, paragraph 1st, of the Income Tax Code 1992, renumbered by the Act of 24 December 2002 and amended by the Act of 30 July 2013, the words ", excluding the quotity of the tax referred to in Article 413/1, § 1 shall be inserted between the words "Article 219ter" and the words "are possibly".
Art. 8. In title VII, chapter VIII, section IV, of the same Code, an article 413/1 is inserted, as follows:
"Art. 413/1. §1. The choice between the immediate payment and the static payment referred to in subsection 2 applies only to the remaining quotity due to the income tax established on the basis of the following revenues:
1° the surplus-values of termination referred to in Article 28, paragraph 1st, 1st, and Article 228, § 2, 5°, provided that they meet the conditions provided for in Article 46, § 1st, paragraph 1st, 2°, and paragraph 2, and that the goods brought shall remain assigned to the head office of an intra-European society or to a foreign institution of an intra-European society established in another Member State
2° the part of the social asset which is considered to be a dividend distributed following the transfer of the head office, principal institution or head office or administration, as referred to in Article 210, § 1st, 4°, to another Member State of the European Union or another Member State of the European Economic Area having with Belgium an applicable agreement providing for mutual assistance in the recovery and to the extent that this dividend results from more
3° the part of the social asset that is considered to be a dividend distributed following a merger, a split, an operation assimilated to a merger by absorption or an operation assimilated to the split, to which the provisions of Article 211 apply, and to the extent that this dividend results from surplus-values on the elements transferred following the operation that are assigned and maintained to the head office of the corporation
4° the surplus-value referred to in Article 228, § 2, 3°, found or carried out on the occasion of an operation referred to in the introductory sentence of Article 231, § 2, paragraph 1, by a Belgian institution referred to in Article 229, to the extent that it is a surplus-value on the elements transferred following the operation that are affected and maintained at the head office of a foreign company
5° the surplus-value referred to in Article 228, § 2, 3° bis, carried out by a Belgian institution referred to in Article 229, determined on the occasion of the collection of elements for the benefit of the head office of a company or a foreign institution of that society which are established in another Member State of the European Union or another Member State of the European Economic Area having with Belgium an applicable convention providing for mutual assistance to the recovery.
For the purposes of paragraph 1, the remaining quotity of the income tax is determined as follows:
- in the head of the taxpayers referred to in section 3, the amount due after application of the tax increments referred to in section 444 and the additional taxes referred to in section 466 and after imputation of the bonus referred to in sections 175 to 177, of the advance payments referred to in sections 157 to 168 and 175 to 177, of the lump sum of foreign tax, of the pre-payment of the goods In the case of a common taxation, the remaining amount due and the above-mentioned report are determined overall for both spouses;
- in the head of the taxpayers referred to in section 179, the amount remaining due, after application of the tax increments referred to in section 444 and after imputation of the advance payments, pre-payments and other elements referred to in sections 276 to 289 and 289quater to 295, which corresponds to the portion of the tax calculated in accordance with sections 215, 216 and 218 in proportion to the share of the revenues referred to in paragraph 1
- in the head of the taxpayers referred to in section 227, 1°, the amount remaining due after application of the increments of tax referred to in section 444 and the additional cents referred to in section 245 and after imputation of the bonus referred to in sections 175 to 177, of the advance payments referred to in sections 157 to 168 and 175 to 177, of the lump sum of foreign tax, of the pre-payment In the case of a common taxation, the remaining amount due and the above-mentioned report are determined overall for both spouses;
- in the head of the taxpayers referred to in section 227, 2°, the amount remaining due, after application of the tax increments referred to in section 444 and after imputation of the advance payments, pre-payments and other items referred to in sections 276 to 289 and 289quater to 296, which corresponds to the portion of the tax calculated in accordance with section 246, paragraph 1st, 1° in proportion of the share
§ 2. The remaining quotity due to the income tax established on the basis of the revenues referred to in subsection 1st must be paid within two months from the sending of the notice-extract of role:
1° for the total amount of the amount;
2° for the fifth of the amount, at the express request of the debtor to the competent receiver within that same period and through the form referred to in paragraph 4. The balance is paid by equal portions no later than each anniversary date of the first payment due in the next four years. The balance of the tax quotity may be paid at any time in a single time.
Where the debtor chooses the static payment referred to in paragraph 1st, he or she shall not be entitled to any other measure to grant payment times for that remaining quotity.
§ 3. The balance of the remaining quotity due to the tax referred to in paragraph 2 shall be paid in full not later than the last day of the month following the month in which one of the following cases occurs:
1° the transfer of the head office, principal institution or office of direction or administration of the taxpayer to a foreign State other than a Member State of the European Union or a Member State of the European Economic Area having with Belgium an applicable convention providing for mutual assistance in the recovery;
2° total or partial disposal of assets;
3° the total or partial transfer of assets to a foreign State other than a Member State of the European Union or that a Member State of the European Economic Area having with Belgium an applicable convention providing for mutual assistance in recovery;
4° the dissolution of the company excluding that without liquidation in the context of an operation governed by foreign law similar to a merger, or an operation assimilated to a merger or split, referred to in sections 671 to 677 of the Code of Companies, unless the transaction results in a transfer referred to in point 3°;
5° the death of the beneficiary natural person referred to in article 28, paragraph 1st, 1st;
6° the transfer of his domicile by the beneficiary natural person referred to in article 28, paragraph 1st, 1st, to a foreign State other than a Member State of the European Union or a Member State of the European Economic Area having with Belgium an applicable convention providing for mutual assistance in recovery;
7° the commencement of an insolvency proceeding involving the beneficiary of the instalment payment;
8° non-compliance with one of the deadlines for the instalment payment referred to in paragraph 2, 2°;
9° the failure to send the form referred to in paragraph 4, completed, dated, signed and certified complete and accurate;
10° the absence of a guarantee pursuant to the decision of the general board of the administration in charge of the collection and collection of taxes on income, in accordance with paragraph 5.
§ 4. The debtor who chooses for the spreading payment shall send each year to the competent receiver, no later than the due date of the payment period, a completed, dated, signed and certified full and accurate form, showing the information relating to the transferred assets for which the remaining quotity of the income tax has been established and whose spreading payment has been chosen, in accordance with paragraph 1st, as well as the absence of the due date of the income tax.
The sending of the form referred to in paragraph 1 shall take full right to waive the prescribed time.
When paying the balance of the remaining tax quotity in one time, the debtor sends a final form.
§ 5. The general advisor of the administration in charge of the collection and collection of taxes on income may, at any time, by reasoned decision, on the basis of the real risk of non-recovery, with the choice of the static payment referred to in paragraph 2, 2°, a real guarantee or a personal bond.
In the month of notification of the decision referred to in paragraph 1 the debtor may appeal to the judge of the seizures of the place of the Receiver's office for recovery of all or part of the remaining quotity for which the guarantee is required.
The procedure is continued in the form of the referee.
Art. 9. In Article 414, § 1st, paragraph 1st, of the same Code, amended by the Act of 22 December 1998, the words "412 and 413" are replaced by the words "412, 413 and 413/1".
Art. 10. In article 443bis, § 1st, paragraph 1st, of the same Code, inserted by the law of 22 December 2003, the words "in article 413" are replaced by the words "in articles 413 and 413/1".
Art. 11. Sections 7 to 10 apply from the 2017 taxation year to transactions made from the date of publication of this Act to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 1 December 2016.
PHILIPPE
By the King:
Minister of Finance,
J. VAN OVERTVELDT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives (www.lachambre.be):
Documents: K54-2052
Full report: November 17, 2016.