Belgian Constitutional Court receives large amount of appeals on capital gains tax

Belgian Constitutional Court receives large amount of appeals on capital gains tax
Illustration picture shows an aerial view of the skyline of Brussels the Finance Tower. Credit: Belga/Eric Lalmand

Belgium’s Constitutional Court has received an unusually high 22 appeals seeking to overturn all or part of the new capital gains tax on financial assets, according to L’Echo.

The 10% tax on profits made when reselling a financial asset drew heavy criticism as soon as it was announced. Court registry figures, confirmed by the court clerk, show that 22 applications for full or partial annulment were lodged. Some challenge the tax itself, while others focus on specific parts of how it is applied.

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Frank Meersschaut, clerk of the Constitutional Court, said the number of cases was exceptional. He added that four of the 22 cases are, or have been, subject to a preliminary procedure.

That procedure is used for applications that can be dealt with quickly because the answer is considered clear.

Three of the four cases handled under the preliminary procedure have already been decided. In each case, the court rejected the appeal as manifestly inadmissible, meaning the applications failed to meet basic formal requirements.

Seventeen of the 22 appeals have been joined and will be examined together by the Constitutional Court. No date has yet been set for a ruling in those cases.

The deadline for filing appeals expired on 21 October.


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