Belgium - No Substance Requirements for Belgian Notional Interest Deduction
- W. Huygen; P. Vandenbussche
- Derivatives & Financial Instruments, 2016 (Volume 18), No 3
- 16 June 2016
This article describes case law of the Antwerp Court of Appeal rendering a judgment that calls for a strict interpretation of the rules laid down in the Belgian tax code relating to the restriction of the notional interest deduction. The position of the tax authorities consisting in adding conditions to a set of clear legal provisions cannot be sustained. Legal restrictions to the notional interest deduction are to be interpreted strictly.