Tax

The Eubelius Tax team assists clients on a daily basis in assessing tax opportunities and risks and equipping them to make well-informed decisions. Our support also includes assisting clients in obtaining advance tax rulings.

The team maintains a dual focus: providing upfront tax advice, and also defending and assisting clients in discussions with the tax authorities during tax audits or in the courtroom.

Some of our references

• Assistance to various REITs and investors in REITs in connection with the specific regulatory and tax framework, real estate acquisitions, financing (equity capital markets/debt capital markets), restructurings and international expansion.
• Assistance to Belgian and foreign investors regarding tax optimised investments in Belgian real estate, including investments through Specialised Real Estate Investment Funds.
• Tax structuring advice in relation to the incorporation of several investment funds. Work in this respect generally relates to the corporate income tax and VAT aspects related to the incorporation and management of the fund and often includes the filing of a ruling request.
• Tax advice to family owned businesses regarding group restructurings, estate planning and family governance.
• Tax assistance regarding SPA negotiations and tax risk assessments.
• Withholding-tax advice regarding international financing instruments (syndicated loans, (convertible) bonds, etc.).
• Corporate tax and VAT advice (including on specific VAT exemptions) to companies in the financial and insurance sector.
• VAT and tax advice to several non-profit and social profit organisations with regard to the structuring of their activities.
• Tax advice (income tax, VAT and registration duties) to real estate developers in relation to the structuring of real estate development projects.
• Tax advice regarding the setting up of tax-efficient incentive plans for employees and management companies.
• Assistance to Belgian REITs and real estate developers in relation to VAT audits conducted by the VAT authorities.
• Assistance to and representation of clients during dawn raids and house searches by the special tax inspectorate (BBI/ISI).
• Negotiation of out-of-court settlements in tax disputes, including combined tax, criminal and social settlements.
• Representation of clients before all (administrative and judicial) courts, including the Court of Cassation, the Constitutional Court, the Council of State, the Court of Justice of the European Union and the European Court of Human Rights. Recent cases include litigation related to (i) the “excess profit rulings” (both at the national level and before the ECJ), (ii) tax consequences (VAT and income taxes) of real estate development projects involving share deals (and their recharacterisation as asset deals), (iii) local tax regulations with a significant impact on businesses (including taxation of energy consumption), (iv) tax consequences related to cross-border transfer of a company’s seat, (v) taxation of dividend distributions, (vi) allegations of tax residence fraud by companies and individuals, (vii) tax deductibility of anti-trust fines and various fees paid to group entities and third parties, (viii) R&D tax incentives (including wage withholding tax exemption for qualified researchers), (ix) post-acquisition disputes concerning tax idemnity clauses in SPAs as well as (x) coordinating the legal defence against the tax authorities for thousands of employees of a company and representing the latter before the Council of State in proceedings against administrative directives concerning the tax regime for company cars, and many more.