Corporate Tax Alert (28/09/2012)
Advocate-General considers Belgian foreign branch exclusion for NID calculation contrary to EU freedom of establishment
On 19 September 2012, the Advocate-General (AG) issued his opinion in the Argenta Spaarbank case (case C-350/11).
The Antwerp Court of First Instance submitted a prejudicial question to the European Court of Justice (ECJ) asking whether freedom of establishment is violated by the exclusion of net foreign branch assets of a permanent establishment (PE), located in another EU Member State and of which the income is exempt in Belgium based on a double taxation treaty, from the notional interest deduction calculation basis.
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