OrbitaxPreliminary ruling requested from ECJ regarding compatibility of Belgian participation exemption with Parent-Subsidiary Directive
|Approved Changes| Belgium
On 13 September 2007, reference was made to the European Court of Justice (ECJ) by the Brussels Court of Appeal for a preliminary ruling in the case KBC Bank NV v. Kingdom of Belgium.
(a) Background. Under Belgian tax law, intercorporate dividends which qualify for the participation exemption are first included in profits. Subsequently, 95% of the dividen…
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