Brussels Ukraïna Review Edition 4

New Preventive Double Taxation Treaty between Belgium and The Netherlands: What's Changing

On June 21, 2023, Belgium and the Netherlands signed a new preventive double taxation treaty, which is intended to replace the agreement that has been in place since 1970. This new text, expected to come into effect on January 1, 2025, will introduce significant changes compared to the current treaty.

SHARE DEAL vs. ASSET DEAL

Most commonly, the acquisition involves purchasing the shares of the involved company (share deal), including its activities. If the intention is not to acquire all the company's activities but only a part, it is possible to split the company beforehand and place a portion of the activities into a new or different company. Subsequently, the share deal can effectively concern only the company containing the desired activities. The rules regarding splits are extensively regulated by law and are often tax-neutral. Assistance from an excellent lawyer, advisor, accountant, and notary is essential in this process.

A Hot Topic: The Liability of Asbestos Experts and Their Insurance

The Flemish Government (one of the 3 Regions in Belgium) aims to make Flanders asbestos-safe by 2040. Since 2022, an asbestos certificate has been mandatory for the sale of properties built before 2001. To obtain such a certificate, an asbestos inventory must first be conducted by a certified asbestos expert. But are these experts required to be insured? How long can they be held liable? Are there hidden issues? This blog sheds new light on these questions.