If you think things are a little at cross-purposes in the UK's two-party coalition, spare a thought for Belgians, who saw 11 different parties win seats in the Chamber of Representatives in the last general election. After a record-breaking 541 days ...
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If you think things are a little at cross-purposes in the UK's two-party coalition, spare a thought for Belgians, who saw 11 different parties win seats in the Chamber of Representatives in the last general election. After a record-breaking 541 days without a proper government, socialist Elio di Rupo was sworn in as prime minister and leads a ruling coalition of socialists, Christian Democrats and liberals, all of whom subdivide into Dutch- and French-speaking factions.
Despite political differences, this new government has got right into tax issues. "Things have changed here," says one adviser, "the environment has changed. The new government is hyperactive in trying to find every Euro cent in tax. New rules keep us busy!"
These new rules come in three major areas: "First are the revenue raisers, targeting private individuals on investment income," said Axel Haelterman at Freshfields Bruckhaus Deringer. "It is less a paradise now here, but still liveable; second, is in the corporate tax area, with a quasi-unique system of notional interest deduction and a thin-capitalisation rule that is an upgrade and modernisation of corporate income tax; last is the renewed attempt to launch anti-misuse provisions. This has had a considerable impact on how to advise. We have moved closer to the Dutch and UK way of doing things, being more substantive."
Some advisers are less than keen on the steps against avoidance: "The anti-avoidance legislation has caused trouble and uncertainty in the market. It is a very intriguing provision, but it makes the Belgian tax market nervous. No one knows what the meaning really is," said one.
The authorities have mimicked the Europe-wide trend too and have started to be far more aggressive about when to start audits. With tax rates in Belgium already high, it is perhaps unsurprising that auditors have increased their scrutiny in the quest to increase revenues.
"There are not significantly more audits, they just collect more and are harder in each one," said one practitioner. "Before, you could make an agreement but there is pressure on local inspectors now too. They have written guidance to be more severe."
Commentators believe this new stern line from the authorities will lead to more visits to court: "What is increasing, and will increase, is tax litigation. They want another share of VAT and income tax. They do not shy away from huge cases."
In the marketplace, partners report a "mixed bag" with finance quiet but the corporate side stirring. "There has actually been some good transaction activity, some M&A and reorganisations. The market is not splendid, but is solid," sums up Piet Vandendriessche, of Deloitte.
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