Category: LEGAL NEWS
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How does the termination compensation of a farming lease agreement get calculated?
Flemish Farming Lease Decree explained (Part 7) 1. The fixed compensation Due to the extensive freedom under the Farming Lease Law, parties often used the scales established by provincial agricultural chambers to calculate the termination compensation or agreed that the termination allowance would be twice the farming lease price. This not only caused confusion and…
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Are cryptocurrency capital gains to be declared as taxable income?
1. Three possible tax qualifications There is (still) uncertainty regarding the tax treatment of cryptocurrency capital gains. This mostly concerns the tax treatment of capital gains that can be realised on the sale or conversion of cryptocurrency. If such capital gains are realised by an individual, three possible tax qualifications are conceivable: Although this ambiguity…
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The new minimum housing quality standards in the Brussels Capital Region
1. An overview of the key aspects of the decree 1.1 Building safety The decree sets minimum standards regarding the structural condition (formerly described as ‘stability’) of the building, including foundations, masonry, load-bearing structures, roofs, floors, stairs, fireplaces and more. From 1 January 2026, the safety assessment will be expanded to include more aspects than…
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Can the termination of a farming lease agreement be requested if the tenant or landlord fails to fulfill their obligations?
If one of the parties fails to fulfill their obligations, the termination of a farming lease agreement can be requested. In this article, we examine to what extent this is possible when the tenant or landlord does not comply with the terms of the farming lease agreement.
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CS3D is finally in sight after many hurdles
1. What does the CS3D entail? CS3D describes the steps that companies are obliged to take as part of their due diligence obligations. Companies covered by it are legally obliged to investigate how their activities and their supply chain affect the environment and human rights. Further, they must be able to demonstrate what actions they will…
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Small companies, large tax breaks
1. What exactly will change? From financial year 2024 (for companies that keep their accounts per calendar year), the thresholds for determining the size of a company will change as follows: Old thresholds New thresholds Annual average number of employees 50 50 Annual turnover (excluding VAT) EUR 9,000,000.00 EUR 11,250,000.00 Balance sheet total EUR…
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Influencers, the rules applicable to your social media marketing
1. Influencers are undertakings Unlike France or Italy, for example, Belgium has no specific legislation regarding influencers or social media marketing. The question therefore arises as to which rules influencers must comply with in Belgium. According to Belgian (and European) law, influencers are considered “an undertaking” when they advertise or sell products on a regular…
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New reporting obligation regarding corporate tax information
1. Who is required to comply with the reporting obligation? Since February 5, 2024, certain companies and branches are obligated to compile and disclose a report on income tax information. We will briefly outline below who must comply with this reporting requirement, and for whom exemptions may apply. 1.1 Stand-alone companies The reporting obligation under…
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Can the court refuse a notice of termination of a farming lease or limit its area?
Flemish Farming Lease Decree explained (Part 4) 1. Application for the validation of the termination When the landowner has given notice of termination to the tenant, the tenant must consent in writing. If the tenant fails to do so, the notice of termination will expire if the landowner does not apply for its validation within…
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Belgian tax authorities convicted (again) for double taxation of french dividends
1. What preceded For many years, private investors holding French shares faced double taxation on dividends obtained from these French shares. Initially, a French withholding tax is withheld at a rate of 12.8% (since 2018). Belgian withholding tax amounting to 30% is then also deducted from the balance. In this way, from a gross dividend…