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\ud83d\udd38<\/strong> The partners of the new arizona coalition have reached an agreement on the new capital gains tax last Monday (30 June). <\/strong> \u25b6\ufe0f This would lead to an additional layer of compliance for “intermediaries” (accountants, tax advisers, bankers, family offices, lawyers…) and increase the detection risk.<\/p>\n I had the pleasure of sharing some thoughts on this new reporting duty with Deglume, Pauline (financial newspaper L’Echo), who sought the (noteworthy) opinion of the leader of the Liberal Party (MR).<\/p>\n 1. What are the reportable share deals ?<\/strong><\/p>\n \ud83d\udd38 transfer of shares by an individual to his own holding (or a holding in which he holds a controlling interest together with other family members), triggering the so-called “internal capital gains” (“interne meerwaarden”\/”plus-values internes”) taxable at 33% [1]<\/a> .<\/p>\n \ud83d\udd38 transfer of a substantial participation (>20%) by an individual, leading to a capital gain taxable at 10% (with a 1mio \u20ac exemption + reduced progressive tax rates). For more developments with respect to the recent extension of the definition of “substantial participation”[2]<\/a>.<\/p>\n 2. Who must report these share deals?<\/strong><\/p>\n \ud83d\udd38 “Intermediaries” within the meaning of DAC6, i.e. any person that, in one way or another, designs or implements reportable share deals. Providing an aid, assistance of advice could also trigger the reporting duty.<\/p>\n \ud83d\udca1 Banks, accountants (ITAA), tax advisers (big four,…), lawyers, wealth managers, family offices,… could potentially be caught.<\/p>\n \ud83d\udd38 The obligation to report information on the arrangement lies in principe with ALL the intermediaries (art. 326bis, \u00a75 ITC), save in certain cases (proof of reporting by another intermediary, professional privilege,…).<\/p>\n 3. What data must be reported ?<\/strong><\/p>\n \ud83d\udd38 The price of the shares transferred; 4. When must the information be reported to the tax authorities ?<\/strong><\/p>\n \ud83d\udd38 At the latest the last day of February of the year following completion (“ex\u00e9cution”\/”uitvoering”) of the reportable arrangement.<\/p>\n Note: ><DAC6, where the (cross-border) reportable arrangements may need to be reported even before completion.<\/p>\n 5. Will it come through? Entry into force?<\/strong><\/p>\n \ud83d\udd38 Entry into force: (in principle) as from 1 January 2026. \ud83d\udd06 It is unclear it will come through or not… Stay tuned!<\/p>\n For additional information (as to the objective of this rule,…), see also my previous post [3]<\/a> .<\/p>\n Denis-Emmanuel Philippe\u00a0<\/strong><\/em><\/p>\n [1]<\/a> https:\/\/denisemmanuelphilippetax.be\/tax-news\/nouvelle-taxation-des-plus-values-dites-internes-a-33-nouveau-projet-de-loi\/<\/a><\/p>\n [2]<\/a> https:\/\/denisemmanuelphilippetax.be\/tax-news\/entrepreneurs-et-investisseurs-en-cryptos-grands-perdants-de-laccord-final-sur-la-taxe-sur-les-plus-values\/<\/a><\/p>\n [3]<\/a> https:\/\/denisemmanuelphilippetax.be\/tax-news\/les-plus-values-internes-et-les-plus-values-sur-participations-substantielles-sous-haute-surveillance\/<\/a><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" \ud83d\udd38 The partners of the new arizona coalition have reached an agreement on the new capital gains tax last Monday (30 June). \ud83d\udd38 Based on the preliminary tax bill, […]<\/p>\n","protected":false},"author":2,"featured_media":4000,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","om_disable_all_campaigns":false,"inline_featured_image":false,"_monsterinsights_skip_tracking":false,"iawp_total_views":24,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[37],"tags":[],"class_list":["post-4311","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-tax-news-en"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t
\n\ud83d\udd38 Based on the preliminary tax bill, certain share deals would trigger a reporting obligation to the Belgian tax authorities (draft new art. 326bis ITC).<\/strong><\/p>\n
\n\ud83d\udd38 identification of the seller and the buyer,…(art. 326bis, \u00a74 ITC)<\/p>\n
\n\ud83d\udd38 According the leader of the Liberal Party (MR), this new reporting duty is however a red line that may not be crossed…<\/p>\n