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Latest from My Tax Compass

Belgium has ratified the Multilateral Instrument

The federal law containing assent with the multilateral instrument (MLI) which implements the tax treaty related measures of the OECD Action Plan on Base Erosion and Profit Shifting (BEPS) in existing bilateral tax treaties has been published in the Belgian Official Gazette of 17 July 2019. The publication marks the final step in the process of ratification of the MLI.

Belgium – Court of Cassation Rules on Notion of Salary Subject to Social Security

Last year, the National Social Security Office (NSSO) modified its stance with regard to the qualification of salary subject to Belgian social security1 on the basis of a judgement of the Belgian Labour Court2.  

The judgement of the Belgian Court of Cassation of 20 May 20193 has now confirmed the earlier judgement of the Labour Court and therefore the opinion of the NSSO.  As a consequence, social security contributions remain due on all benefits that relate to the work performed by the employee in the execution of his/her employment contract with the employer or that relate to the function of the employee carried out for the employer.  This principle applies even without any intervention of the (Belgian) employer in the payment/grant of the benefit.

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