Treaty between Belgium and Germany and Treaty between Belgium and Luxembourg – Court of First Instance Hasselt decides participation at time of payment of interest decisive for WHT rate

On 4 November 2009, the Court of First Instance Hasselt (Rechtbank van Eerste Aanleg Hasselt) decided two joined cases (recently published) X and Z v. the Tax Administration on the moment when the level of a participation had to be determined for the levy of withholding tax on interest under both the Belgium-Germany tax treaty on income and capital of 11 April 1967 and the Belgium-Luxembourg tax treaty on income and capital of 17 September 1970 (collectively, "the Treaties" beca…