The Income Tax Code stipulates that the revenue resulting from the transfer or surrender of copyright or related rights as well as that of legal or compulsory licenses constitutes income from movable assets. However, the income from movable assets is, in principle, considered to be professional income when these assets are assigned to the...
The Court of Cassation, in a ruling dated 10 November 2017, has put an end to the tax administration practice consisting of automatically taxing copyright income in excess of the ceiling of EUR 37 500.00 (indexed amount - 59 970 EUR for the fiscal year 2018) under the heading of...
The Income Tax Code stipulates that the revenue resulting from the transfer or surrender of copyright or related rights as well as that of legal or compulsory licenses constitutes income from movable assets. However, the income from movable assets is, in principle, considered to be professional income when these assets are assigned to the...
Since 1 January 2008, income that results from the transfer or surrender of copyright has been qualified as income from movable assets and is taxed as such, after deduction of expenses, at the separate rate of 15%. However, the Income Tax Code provides that this income is likely to be reclassified as...
The code of value added tax specifies that the transfer or the surrender of copyright is considered to be a form of "service delivery" (art. 18 § 1, 7° CTVA). Hence, when such an operation is performed by a taxable person acting as such, it is, in principle, subject to...
The Court of Appeal of Brussels made an important judgement on 6 October 2016 in the debate on the scope of Article 37 of the Income Tax Code, a legal provision which provides that the income from property is reclassified as professional income when the original asset is assigned by...
The Income Tax Code stipulates that the revenue resulting from the transfer or surrender of copyright or related rights as well as that of legal or compulsory licenses constitutes income from movable assets. However, the income from movable assets is, in principle, considered to be professional income when these assets are assigned to the...
For the past few years, the Special Inspection of Taxes (ISI) challenged the classification as royalties of income paid by a newspaper publisher to independent journalists with whom it works. The Court of Namur made two judgements on 2 November 2016 confirming the arbitrary nature of the classification as operated...
The Service of Advance Rulings (hereinafter the SDA) has published its Annual report 2015. One point is devoted to requests for prefiling that did not lead to a decision. With regards to the copyright tax regime, three situations are described: The first concerns a company director and author of various brochures relating to...
One of the attractions of the tax regime applicable to copyright and related rights paid in exchange for the transfer or surrender of the economic rights of the author or artist, is, without a doubt, the existence of a ceiling that neutralises the reclassification of income from movable assets to...
