The Belgian Constitutional Court on 11 July 2016 annulled, with retroactive effect, a provision in the Belgian income tax law that excluded dividends from public and certain institutional regulated real estate companies (RREC) from the scope of any withholding tax exemption.
Accordingly, qualifying foreign pension funds may be entitled to obtain a refund of withholding tax on dividends received from RRECs for the period beginning 16 July 2014. Also other non-resident investors in a RREC may be able to get a refund of Belgian dividend withholding tax.
Read a July 2016 report prepared by the KPMG member firm in Beligum: Constitutional Court paves way for refund of WHT on dividends from Belgian Regulated Real Estate Companies
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.