OECD Economic Surveys Belgium February 2020
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Doing Business in Belgium
DOING BUSINESS IN BELGIUM CONTENTS 1 – Introduction 3 2 – Business environment 4 3 – Foreign Investment 7 4 – Setting up a Business 9 5 – Labour 17 6 – Taxation 20 7 – Accounting & reporting 29 8 – UHY Representation in Belgium 31 DOING BUSINESS IN BELGIUM 3 1 – INTRODUCTION UHY is an international organisation providing accountancy, business management and consultancy services through financial business centres in over 100 countries throughout the world. Business partners work together through the network to conduct transnational operations for clients as well as offering specialist knowledge and experience within their own national borders. Global specialists in various industry and market sectors are also available for consultation. This detailed report providing key issues and information for investors considering business operations in Belgium has been provided by the office of UHY representatives: UHY-CDP PARTNERS Square de l’Arbalète, 6, B-1170 Brussels Belgium Phone +32 2 663 11 20 Website www.cdp-partners.be Email [email protected] You are welcome to contact Chantal Bollen ([email protected]) for any inquiries you may have. A detailed firm profile for UHY’s representation in Belgium can be found in section 8. Information in the following pages has been updated so that they are effective at the date shown, but inevitably they are both general and subject to change and should be used for guidance only. For specific matters, investors are strongly advised to obtain further information and take professional advice before making any decisions. This publication is current at July 2021. We look forward to helping you doing business in Belgium DOING BUSINESS IN BELGIUM 4 2 – BUSINESS ENVIRONMENT OVERVIEW COUNTRY AND NATION Belgium is a small country (30,528 square kilometres) at the centre of the most significant industrial and urban area in Western Europe. -
GOING GLOBAL EXPORTING to NETHERLANDS a Guide for Clients
GOING GLOBAL EXPORTING TO NETHERLANDS A guide for clients #GlobalAmbition Capital city Amsterdam Population 17.3m1 GDP per capita ¤41,5002 6th in the World North Sea Competitiveness Ranking3 Unemployment (2019)AMSTERDAM 3.4%4 Predicted economic growth for 20195 3% GERMANY Enterprise Ireland client exports (2018) ¤1.07bn6 BELGIUM 2 WHY EXPORT TO THE NETHERLANDS? Only half the size of Ireland, yet the Dutch have left their mark on the world as innovators, trail blazers and world-class business professionals. The Dutch are active worldwide in providing creative and sustainable solutions for global challenges relating to water, food, energy, health, environment, and security. The Dutch data centre community, which also The Netherlands already has a robust healthcare GDP per capita houses the Amsterdam Internet Exchange (AMS-IX), and pharma landscape with companies like MSD, 2 is growing continuously with 18% average growth Jansen, TEVA, Takeda, Omron, Konica Minolta and ¤41,500 in take-up of data centers in the last 7 years in the many more. This is strengthened by the recent Amsterdam region.7 Co-locations like Interxion opening of the European Medicines Agency (EMA) but also hyper-scale data centres like Google and in Amsterdam in March 201913. The Netherlands Microsoft are well established and various new data represents an ideal market for first-presence and centres are being built over the coming years8. scaling-up in mainland Europe, from which a European export strategy can be grown. The culture Ranked number one in the world for overall logistics is direct and early-adopting which makes for shorter performance9, the Netherlands is home to world- sale cycles, reducing client risk. -
No. 1168 BELGIUM, DENMARK, FRANCE, IRELAND, ITALY
No. 1168 BELGIUM, DENMARK, FRANCE, IRELAND, ITALY, LUXEMBOURG, NETHERLANDS, NORWAY, SWEDEN and UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Statute of the Council of Europe. Signed at London, on 5 May 1949 Official texts: English and French. Registered by the United Kingdom of Great Britain and Northern Ireland on U April 1951. BELGIQUE, DANEMARK, FRANCE, IRLANDE, ITALIE, LUXEMBOURG, NORVÈGE, PAYS-BAS, ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD et SUÈDE Statut du Conseil de l'Europe. Signé à Londres, le 5 mai 1949 Textes officiels anglais et fran ais. Enregistr par le Royaume-Uni de Grande-Bretagne et d* Irlande du Nord le II avril 1951. 104 United Nations Treaty Series 1951 No. 1168. STATUTE1 OF THE COUNCIL OF EUROPE. SIGNED AT LONDON, ON 5 MAY 1949 The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland : Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation; Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy; Believing that, for the maintenance and further realisation of these ideals and in -
Agreement Between the United States and the Netherlands
Agreement Between The United States And The Netherlands Contents Introduction 1 Coverage and Social Security taxes 2 Certificate of coverage 3 Monthly benefits 5 How benefits can be paid 7 A Dutch pension may affect your U.S. benefit 8 What you need to know about Medicare 8 Claims for benefits 9 Authority to collect information for a certificate of coverage (see pages 3-5) 9 Contacting Social Security 10 Introduction benefits. It does not cover benefits under the U.S. Medicare program or Supplemental An agreement effective November 1, 1990, Security Income program. between the United States and the Netherlands This booklet covers highlights of the agreement improves social security protection for people and explains how it may help you who work or have worked in both countries. It while you . helps many people who, without the agreement, work and when you apply for benefits would not be eligible for monthly retirement, The agreement may help you, your disability or survivors benefits under the social family and your employer security system of one or both countries. It also • While you work — If your work is covered helps people who would otherwise have to pay by both the U.S. and Dutch social security social security taxes to both countries on the systems, you (and your employer, if you are same earnings. employed) normally would have to pay social The agreement covers social security taxes security taxes to both countries for the same (including the U.S. Medicare portion) and social work. However, the agreement eliminates security retirement, disability and survivors this double coverage so you pay taxes to only one system (see pages 2-5). -
United Kingdom
United Kingdom Convention between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains. Done at The Hague, on 7 November 1980 text published: Trb. 1980, 205 authentic texts: Dutch and English treaty into force: 6 April 1981 (see Trb. 1981, 54) treaty applicable: 6 April 1980 Protocol amending the convention between the government of the Kingdom of the Netherlands and the government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains signed at The Hague on 7 November 1980 Done at The Hague, on 12 July 1983 text published: Trb. 1983, 128 authentic texts: Dutch and English treaty into force: 20 December 1990 (see Trb. 1991, 13) treaty applicable: 1 January 1991 Protocol further amending the convention between the government of the Kingdom of the Netherlands and the government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains signed at The Hague on 7 November 1980 as amended by the protocol signed at London on 12 July 1983 Done at The Hague, on 24 August 1989 text published: Trb. 1989, 128 authentic texts: Dutch and English treaty into force: 20 December 1990 (see Trb. -
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING Between the Minister of Environment and Climate Action of the Portuguese Republic and the Minister of Economic Affairs and Climate Policy of the Netherlands In the field of Energy – Hydrogen The Minister of Environment and Climate Action of the Portuguese Republic and the Minister of Economic Affairs and Climate Policy of the Netherlands (hereinafter referred to as “Signatories”), affirm their intentions to connect Portugal's and the Netherlands's 2030 Hydrogen plans, especially on green hydrogen, in order to contribute to decarbonise the economy and to create a forward-looking European hydrogen infrastructure and market in the near future, in line with the EU climate goals. Therefore, the Ministers acknowledge: • The need to achieve the European Union (EU) 2030 climate and energy targets and draw the path towards carbon neutrality in Europe by 2050, in line with the Paris Agreement and the National Energy and Climate Plans, as a sign of our commitment for the future of Europe and its citizens. • The potential of hydrogen, namely green hydrogen produced from renewable sources, for the decarbonisation of hard-to-abate sectors, such as industry and transport, as well as its key role in the future European energy system based on sector coupling and the development of energy storage. • The urgent need to scale up the production of hydrogen in the EU in a coordinated and timely way, to ensure thereby safe, competitive, available and sustainable energy supply, while enhancing international cooperation to create a global hydrogen market. The Ministers, express their intentions to: • Strengthen the ties of friendship and to enhance the bilateral cooperation between the two EU Member States, as well as the reciprocal interests in the field of energy, namely in the area of green hydrogen. -
Neth V Czech
Round 16 - NETHERLANDS v CZECH REPUBLIC BEST BET Both Teams to Score: Only one team to score ($1.92) The Dutch have solved their defensive woes from the opening game and are a good chance of holding the Czechs – with one goal in their last two – scoreless. BEST VALUE First Goalscorer: Memphis Depay – Netherlands ($4.75) Looking every bit the excitement machine, Depay has been in the thick of everything for the Netherlands in attack. FULL MATCH PREVIEW UEFA Euro 2020 Round of 16 Puskas Arena, Budapest Mon 28 Jun 2:00 Broadcaster: Optus Sport Head-to-Head: Netherlands ($1.65), Draw ($3.70), Czech Republic ($5.00) Netherlands World Ranking: 16 Czech Republic World Ranking: 40 Group C Results – Netherlands (First – 3 wins) Netherlands 3–2 Ukraine Netherlands 2–0 Austria North Macedonia 0–3 Netherlands Top Scorer: 3 – Georginio Wijnaldum Group D Results – Czech Republic (Third – 1 win, 1 loss, 1 draw) Scotland 0–2 Czech Republic Croatia 1–1 Czech Republic Czech Republic 0–1 England Top Scorer: 3 – Patrik Schick Summary: Doubts were raised about the quality of this Dutch side in the lead-up to the tournament but their perfect record in the group stage seems to indicate they’re a lot stronger than many critics believed. Perhaps it’s worth looking at what they can do on the park rather than what they can’t – and eight goals in three games says they’re a free-scoring machine. It was said they needed to find support for Memphis Depay in attack and it’s been the unlikely figure of captain Georginio Wijnaldum – usually a stay-at-home midfielder – who has struck three goals in the last two games. -
Tax Across Borders – SA and the Netherlands
Tax across borders – SA and The Netherlands By Jan Hein Wille, FISA member and Managing Director, Pelican Trust BV (Port Elizabeth subsidiary called Oak Tree Corporate Service Providers (Pty) Limited) South Africa is one of the emerging economies in the world and a leading role-player in the G-20 and other international forums, such as BRICS, where the shape of the global economy into the future is being deliberated”. H.E. Mr Peter Goosen, South African Ambassador to The Netherlands (SANEC Business Directory 2013). My experience as a tax professional in Amsterdam and Port Elizabeth is indeed that South African companies and individuals are crossing borders. A number of them settle for a short time or longer in The Netherlands, and similarly Dutch entrepreneurs and individuals are coming down to South Africa. In this brief article I will limit myself to the tax issues that apply to South African taxpayers with income from The Netherlands and the possibilities for the Dutch Tax Administration to tax these income components in The Netherlands. Of course it’s impossible to discuss these subjects in detail. The tax implications for individuals with taxable income in and from The Netherlands ruled by the South African Income Tax Act 1962, The Dutch Wet op de inkomstenbelasting 2001 and the Convention between the Kingdom of the Netherlands and the Republic of South Africa for the avoidance of double taxation, Pretoria 10th October 2005 (the tax treaty). According the Dutch income tax law and the bilateral tax treaty, a South African tax resident shall be taxable in The Netherlands if he/she derives income from: a. -
Dividends Tax and Double Taxation Agreements: 'Dutch Most Favoured
Tax Insights from Tax Controversy and Dispute Resolution Dividends Tax and Double Taxation Agreements: ‘Dutch Most Favoured Nation’ Clause January 29, 2019 In brief The double taxation agreement (DTA) between the Netherlands and South Africa (the SA-Netherlands DTA) provides for a minimum rate of 5% on dividends paid by Dutch resident companies to South African residents (and vice versa). However, the dividends article in the SA-Netherlands DTA also includes a ‘most favoured nation’ clause (the Dutch MFN clause). For some time, the position taken by many taxpayers is that this clause, when read with at least two other DTAs, can effectively result in an exemption from Dutch or South African dividends tax. In its judgment issued on January 18, 2019, the Dutch Supreme Court held that the exemption applies in respect of dividends paid by Dutch resident companies to their South African shareholders. In this matter, a Dutch resident company had paid dividends to its South African shareholder. The Supreme Court ruled that as a result of the application of the Dutch MFN clause, the dividend payment is exempt from Dutch dividends tax. With regard to dividends paid by South African companies to Dutch shareholders, the South African Revenue Service (SARS) has held (at least until the decision of the Dutch Supreme Court) the position that the Dutch MFN clause is not applicable and that the lowest rate possible in respect of dividends is 5%. The Dutch Supreme Court decision may have important implications for dividends paid by South African residents to their Dutch shareholders. In detail residence of the company automatic application of a lower paying the dividend) is 5% if the rate of tax on dividends if South Operation of the Dutch MFN recipient of the dividend is the Africa and a ‘third country’ clause beneficial owner of the dividend conclude a DTA that provides and holds at least 10% of the for a lower rate. -
Narrative Report on Belgium
NARRATIVE REPORT ON BELGIUM PART 1: NARRATIVE REPORT Rank: 50 of 133 Belgium comes in at number 50 in the 2020 Financial Secrecy Index, with a global scale weight of 1.72 per cent. Belgium has always had How Secretive? 45 a relatively large financial services industry given the size of the country, but recent improvements in financial transparency means it has a relatively low secrecy score of 45, reflecting significant changes over the course of the past decade. Although the use of Belgium as Moderately 0 to 25 a secrecy jurisdiction has declined, there remain issues for domestic secretive tax inspectors accessing Belgian accounts. The country also remains a corporate tax haven. The end of bank secrecy in Belgium? 25 to 50 Bank secrecy was formally introduced in Belgian tax legislation in 1980 but had existed informally for a long time prior to that. The domestic provisions governing bank secrecy (article 318 of the Income Tax Code) prevented the tax administration from investigating the accounts of 50 to 75 non-residents when requested by a foreign administration. The tax administration could only force the bank to release client information when provided with evidence that the bank was an accessory to serious Exceptionally tax fraud. However, in recent years, a number of measures have been secretive 75 to 100 introduced to weaken bank secrecy. In the aftermath of recent financial scandals like the Panama Papers and the Paradise Papers, considerable public pressure emerged calling for increased transparency to ensure fair taxation. Bank secrecy is under attack more than ever. How big? 1.72% When the European Union Savings Tax Directive came into effect in 2005, Belgium initially opted to levy withholding taxes on savings income instead of opting for the EU’s automatic information exchange with the relevant taxpayer’s home jurisdiction. -
Taxation of Companies Under Belgian Income Tax Law
IFA Issue – Articles Eric Osterweil and Marc Quaghebeur* Taxation of Companies under Belgian Income Tax Law This article sets forth the principal features of 2. General Comments Belgium’s income tax system as applied to companies, focusing on selected aspects that With few exceptions, commercial entities that have legal may be of interest to foreign investors. After an personality are subject to the company income tax in introduction and some general comments, Belgium. Thus, entities in the form of a corporation, lim - the article discusses, among other things, ited liability companies and most types of partnerships the computation of a company’s taxable income, are subject to company income taxation. Belgium does the tax rates, withholding taxes and foreign tax not recognize fiscal transparency for any type of com - credits, the general and specific anti-avoidance pany having legal personality except in the case of Eco - rules in Belgian law, the tax treatment of non- nomic Interest Groupings and European Economic resident companies, and Belgian companies in Interest Groupings. international tax planning. Partnerships formed under company law that in other jurisdictions might be transparent for income tax pur - 1. Introduction poses are subject to the company income tax. Their part - ners are taxed only on the distribution of income to This article sets forth the principal features of Belgium’s them. income tax system as applied to companies with empha - sis on selected aspects that may be of interest to foreign Companies that are resident in Belgium are subject to investors. full company income taxation, while non-resident com - panies are generally subject to company income taxation As an EU Member State, Belgium is obliged to comply only on income derived from Belgian sources. -
Belgium Taxation and Investment 2012
Taxation and Investment in Belgium 2012 Reach, relevance and reliability A publication of Deloitte Touche Tohmatsu Limited Contents 1.0 Investment climate 1.1 Business environment 1.2 Currency 1.3 Banking and financing 1.4 Foreign investment 1.5 Tax incentives 1.6 Exchange controls 2.0 Setting up a business 2.1 Principal forms of business entity 2.2 Regulation of business 2.3 Accounting, filing and auditing requirements 3.0 Business taxation 3.1 Overview 3.2 Residence 3.3 Taxable income and rates 3.4 Capital gains taxation 3.5 Double taxation relief 3.6 Anti-avoidance rules 3.7 Administration 3.8 Other taxes on business 4.0 Withholding taxes 4.1 Dividends 4.2 Interest 4.3 Royalties 4.4 Branch remittance tax 4.5 Wage tax/social security contributions 5.0 Indirect taxes 5.1 Value added tax 5.2 Capital tax 5.3 Real estate tax 5.4 Transfer tax 5.5 Stamp duty 5.6 Customs and excise duties 5.7 Environmental taxes 5.8 Other taxes 6.0 Taxes on individuals 6.1 Residence 6.2 Taxable income and rates 6.3 Inheritance and gift tax 6.4 Net wealth tax 6.5 Real property tax 6.6 Social security contributions 6.7 Other taxes 6.8 Compliance 7.0 Labor environment 7.1 Employees’ rights and remuneration 7.2 Wages and benefits 7.3 Termination of employment 7.4 Labor-management relations 7.5 Employment of foreigners 8.0 Deloitte International Tax Source 9.0 Office locations Belgium Taxation and Investment 2012 1.0 Investment climate 1.1 Business environment Belgium is a constitutional monarchy in which ultimate power rests with a bicameral parliament.