Luxembourg SICAVs can reclaim Belgian subscription tax and withholding taxes

In a number of recent judgements, the Court of Appeal in Brussels has confirmed previous case law of the court of first instance that the subscription tax on Luxembourg SICAVs is in violation of the double taxation treaty. Tiberghien Lawyers was one of the first to raise this issue 15 years ago and is therefore pleased with the verdicts.

‘It’s worth investigating the possibilities of reclaiming this tax (and Belgian withholding tax),’ say Lawyers Yannick Cools and Bart De Cock of Tiberghien Lawyers.