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Belgium Appeals European Commission Decision that Excess Profit Rulings Violate State Aid Rules

14 April 2016

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Approved Changes

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Belgium-European Union

The press office of EU General Court announced on 4 April 2016 that Belgium has appealed the 11 January 2016 decision of the European Commission that Belgium's so-called "excess profit" tax rulings violate EU State aid rules ({News-2016-01-12/A/2- previous coverage}). The rulings essentially allow Belgian resident members of MNE groups to deduct the "excess profits" that the Belgian resident would not have been able to generate if it were not part of an MNE group. If the Commission decision is upheld, approximately EUR 700 million in taxes will need to be recovered from 35 companies.