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Court of First Instance Leuven decides that fine imposed by European Commission due to violation of EC competition law is not deductible

29 July 2012

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Approved Changes

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Belgium; European Union

On 12 May 2012, the Court of First Instance (Gerecht van Eerste Aanleg) Leuven gave its decision in a case on the deduction of competition fines as business costs. Details of the case are summarized below. (a) Facts. The Taxpayer was a company established in Belgium, which claimed a deduction for a fine imposed by the European Commission due to violation of EC competition law. The tax administration refused to grant the deduction. (b) Issue. Article 53(6) of the Belgian Income Tax Code (ITC), amongst others, provides for the non-deductibility as business costs of fines and penalties of all kind....