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Pensions in Belgium and abroad, a complex matter with many opportunities for optimisation and planning

Understanding, analysing, and optimizing pensions requires extensive legal knowledge and expert assistance, especially in international situations. Belgium has a complex pension system consisting of statutory pensions, supplementary (company) pensions, and individual pension plans. For people who live and work or have worked in Belgium, it is essential to gain a good understanding of how these different components relate to each other, especially when there is a previous career abroad.

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.

Global Mobility: What You Should Know About the So-Called "Vander Elst" Exemption

In principle, a worker from a third country must have a combined permit or a work permit to be allowed to work in Belgium. But what if a Slovenian company has been satisfied with its Brazilian employees for years and wants to deploy them for a temporary assignment in Belgium? Do these Brazilian workers then have to wait months for a work permit or combined permit? There is an exception: the so-called “Vander Elst exemption.” This article discusses the conditions of this exemption and concludes with a practical example.