Belgian Fairness Tax lesson: Appeal early
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
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