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The end of 'fairness tax'?
Due to a possible infringement the Belgian 'fairness tax' could be anulled. Taxand Belgium discusses the background to this development.
The fairness tax has been severely criticised by Belgian tax doctrine and tax practitioners as it was considered to be incompatible with the Parent-Subsidiary Directive.
In light of the above, a request for annulment was filed with the Belgian Constitutional Court.
The Court ruled on 28 January that - before deciding on the request for annulment - a preliminary question needs to be submitted to the European Court of Justice to decide whether or not such infringement is present.
At this stage, the European Commission has not yet undertaken any formal action against Belgium on the fairness tax issue.
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