Strategizing Multinational Tax Risks

The EY Global Alert link highlights the fact that the former Belgian Fairness Tax was determined to violate:

• Principle of legality
• Article 4, Parent-Subsidiary Directive
• Constitutional principles of equality and non-discrimination

Despite these multiple violations of law, the principle of equality was limited to assessments commencing in 2019, with limited exception.

Most importantly, the lesson learned from this not-uncommon example is: Appeal early to preserve your legal rights; as courts may not preserve such rights in their final decision.  

Click to access 2018G_01226-181Gbl_Belgian%20Constitutional%20Court%20annuls%20Fairness%20tax.pdf