In two recent decisions, the Belgian Court of Appeal of Ghent ruled on the tax treatment of a dividend distribution by a Belgian company to its Luxembourg holding vehicle. In both cases, the tax exemptions applied at source were denied on the basis of general anti-abuse principles.
The cases are landmark cases as they provide a first insight on how the general anti-abuse provision (GAAR) may be applied to a series of transactions considering the findings of the Court of Justice of the European Un…