Anti Tax Avoidance Directive (ATAD)
The EU Anti-Tax Avoidance Directives (ATAD I and II) underpin the EU Commission's Action Plan to fight corporate tax avoidance. In essence, the ATAD obliges EU Member States to introduce minimum, legally binding anti-corporate tax avoidance rules. We help you to design a strategy that suits your business.
The ATADs will have a substantial impact on the corporate tax position of EU businesses, including the Belgian business operations. In particular Belgian holding, IP, intra group financing and principal / trading operations should be reviewed in the light of these ATADs.
In brief, the ATADs lays down the following de minimis rules against corporate taxation avoidance:
- Interest deduction limitation to in principle 30% of EBITDA of a company;
- Exit taxation rules;
- A general anti-abuse rule (GAAR);
- Controlled foreign company (CFC) legislation applicable to both EU and third countries;
- Anti-hybrid mismatch rules applicable to both EU and third countries;
Most ATAD rules must be implemented prior to 31 December 2018 and applied as of 1 January 2019.
Our ATAD Services
We believe difficulty will arise with the implementation process. The ATADs are likely to create significant uncertainty in EU cross border corporate taxation. We keep a close look at how various EU Member States are implementing these ATADs and analyse consequences for Belgian business. Our team can help you to develop an initial inventory of the likely impact of the ATADs on your group companies in the main EU Member States.
Our ATAD Team
Our ATAD team consists of a mix of Belgian corporate tax lawyers and EU corporate tax lawyers with the necessary expertise and experience. We can assist in designing a tax strategy to mitigate the potential adverse tax consequences of the ATADs to your business in the EU, including the necessary modifications to your group structure, intra group finance operations, IP structures, etc.
ChristianChéruyAttorney at law Partner
Christian Chéruy is a partner of our International Tax Services Practice Group in Brussels. He also heads the Belgian Tax Controversy and Litigation Team. He is a former local managing partner and non-executive Chairman of the Loyens & Loeff Benelux Board.T: +32 2 743 43 03 E: firstname.lastname@example.org
NatalieReypensAttorney at law Partner
Natalie Reypens is a member of the Loyens & Loeff International Tax Services Practice Group and heads the Belgian Transfer Pricing Team. She is a partner in our Brussels office. She focuses on corporate and international tax law.T: +32 2 743 43 37 E: email@example.com
MarcDhaeneAttorney at law Local Partner
Marc Dhaene is a member of the Loyens & Loeff International Tax Services in Belgium and of the Tax Controversy and Litigation Team. His expertise covers a broad range of international and domestic corporate tax issues.T: +32 2 743 43 22 E: firstname.lastname@example.org
NicolasBertrandAttorney at law Partner
Nicolas Bertrand is a partner in our Brussels office. He co-heads the Loyens & Loeff Family Owned Business & Private Wealth Practice Group in Belgium.T: +32 2 773 23 46 E: email@example.com
CarolineDoccloOf counsel Attorney at law
Caroline Docclo is Of Counsel to the Loyens & Loeff Brussels office. She is a member of the Loyens & Loeff International Tax Services Practice Group and of the Tax Controversy and Litigation Team in the Brussels office. She has a broad practice in counselling and litigation in tax matters.T: +32 2 700 10 15 E: firstname.lastname@example.org