CJEU Holds Belgium Breached EU Law by Failing to Implement Foreign Tax Credit Provisions in ADAT CFC Rules

The Court of Justice of the European Union (CJEU) issued a judgment on 26 February in a case concerning Belgium's implementation of the Anti-Tax Avoidance Directive (ATAD) CFC rules. Belgium originally adopted CFC rules that provide for the inclusion of non-distributed income of CFCs arising from non-genuine arrangements or a series of arrangements put in place for the main purpose of obtaining a tax advantage (the Model B approach). In implementing the rules, Belgium chose not to transpose …