Your Rights and Privileges by Me Gossiaux

USB - Commission

“Know everything about your rights and privileges and do not forget any of your obligations” by Me Gossiaux

The situation of officials and other servants of the EU in Belgium – often expats – implies, from the point of view of taxation, a complex set of rights, duties, obligations and privileges : Me Gossiaux explains everything to know about these in his lecture.

 

THE FISC AND I
Privileges and immunities of EU officials in Belgium

By Mikaël GOSSIAUX,
Lawyer from Cabinet HIRSCH &VANHAELST
Lecturer in Financial Management at the Solvay Business School – Professor at the EPHEC

Here is an excerpt :

1. Double distribution of taxing power

  • Salaries, wages and other emoluments paid by the European Union:
    – Taxed by the European Union
    – Exempt from national taxation – No obligation to report them
    – Including disability pension and, after retirement, pension, survivor’s pension, etc.
  • All other income (rent, dividends, interest, royalties, capital gains, etc.) ordinary rules
    – State of residence of the FE
    and/or
    – Statement of source of income

2. Place of residence

  • Residence
    ◦ Unrelated to nationality
    ◦ Place where you (and your family) live permanent home
    ◦ If these ordinary rules are applied: The EF working in Brussels resides in Brussels.
  •  But for the application of income tax, inheritance tax and the Preventive Conventions of Double taxation:
    ◦ He retains his residence in the Member State where he is established before taking up his duties.
    ◦ This exception does not apply if the PA is engaged in another professional activity, unless it is ancillary in nature. (ex: University Professor)
    ◦ This exception no longer applies upon retirement.
    ◦ No choice – Apply for “section 13 certification”.

 

The audio recording of the conference:

 

 

 

Available documents: :

Le fisc et moi – les slides – only in FR

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