Tax

Liedekerke’s Tax practice is energetic, dynamic, and ambitious, offering a full spectrum of tax services to clients of all sizes and across all industries. We are active in tax advisory, transactions and reorganizations, dispute resolution, and litigation. We work with clients on prevention and resolution of a wide array of complex tax issues.

Tax law is constantly changing, sometimes in unpredictable ways. These changes have the potential to significantly impact your organization, including altering the structure of your company, your transactions, and your plans and strategy for the future. This is why you need an experienced, knowledgeable partner to guide you through these changes.

Our tax team advises on domestic and international tax structuring as well as on mergers and acquisitions, corporate restructurings or reorganizations, joint-ventures, capital markets, corporate finance, structured finance, private equity, funds, and employee and executive incentive plans.

Our tax team also has deep expertise in real estate transactions, with one partner dedicated exclusively to real estate taxation at large.

We assist both Belgian and international clients in resolving their tax disputes and investigations. We advise our clients on information requests, tax audits, and dawn raids. We assist with settlement of all types of tax cases, including administrative disputes with tax authorities, as well as tax litigation before the Belgian tribunals and courts of appeal, the Supreme Court, the Constitutional Court, and the European courts.

Besides Belgian and international corporate clients, our Tax team advises high profile and high net-worth individuals and their families on tax related issues, as well as on the tax structuring of their private estates and inheritance planning.

Our Services

Belgian and international tax advisory

We advise Belgian and international clients on all matters relating to direct and indirect taxation in Belgium, as well as on all international tax aspects, including cross-border issues. Our advisory is generally focused on business taxation at large (income tax, withholding tax, VAT, registration tax, etc.) and/or tax structuring and optimization of the stakeholders’ estate.

Business transactions and corporate reorganizations

We advise on mergers and acquisitions, corporate restructurings and reorganizations, joint ventures, management buyouts, other public or private transactions and project finance transactions.

Capital markets transactions, corporate finance, financial products and structured finance

We assist corporate clients and financial institutions in transactions to raise capital, in developing financial products, and in assessing structured finance operations.

Private equity

We advise Belgian and foreign private equity houses (buyer side and seller side) on investments and divestments in Belgian-based growth companies. In doing so, we advise our clients on all tax-related aspects of the transaction, including the set-up of an acquisition vehicle, if need be, and assist in obtaining tax rulings, if so required.

Funds

We advise Belgian and foreign investors in Belgian funds, as well as Belgian investors in foreign funds, regarding their tax treatment of their investment in Belgium.

Real Estate transactions

With one partner exclusively dedicated to real estate tax, we work seamlessly together with our Real Estate practice and assist major Belgian and international players with complex real estate transactions. We advise on specific real estate developments including investment in REITs and REIFs, sophisticated real estate financing projects, property leasing and sale, and lease-back transactions, as well as infrastructure developments.

Tax Litigation

We assist our clients in any administrative disputes involving the tax authorities, including administrative disputes with tax authorities, as well as tax litigation before the Belgian tribunals and courts of appeal, the Supreme Court, the Constitutional Court, and the European courts. Our Tax team focuses on resolving complex tax disputes and adapts its strategy to our client needs.

Employee and executive incentive plans

We work as one team with our Employment & Benefits practice on advising clients, companies and employers on all aspects of remunerations, including employee and executive incentive plans. We assist with the design and implementation of alternative payment schemes as well as with tax ruling requests. We also advise pension funds regarding tax issues that might impact their particular field of operations.

Intellectual Property

We provide our clients with efficient solutions for exercising and maintaining intellectual property rights, relying where needed on the experience of our IT lawyers, who are amongst the foremost experts in the field.

Estate planning

We advise high profile and high net worth individuals and families on all aspects of wealth and the structuring of their private estates, as well as on inheritance planning. We assist our private clients with donations before notaries in Belgium or abroad, gifts, the setting up of estate planning vehicles, prenuptial and marital agreements, wills, and alternative wealth and estate planning.

Our Clients

Our clients are Belgian and multinational companies active in a wide range of sectors. We advise and assist primarily small and medium-sized enterprises, high profile and high net worth individuals and families, non-profit entities, and public entities.

Our Team

Our Tax team is comprised of two partners and four associates who work seamlessly with the firm’s other practice groups, providing a multidisciplinary approach to our clients, and handling both transactions and litigation.

Combining deep knowledge and broad experience, we excel in rendering innovative, business-oriented, quality tax advice, whether on a stand-alone basis for purely tax related matters, or as an integral part of a full legal service offered by the firm. Our Tax team strives to minimize the tax burden and to structure operations in the most efficient way, while complying with ever-evolving tax legislation.

Since tax law is not only about tax law, but encompasses various other legal fields, our Tax team works closely together with other practices and provides a multidisciplinary approach which enables clients to benefit from the highest quality advice in a cost effective and efficient manner.

Our Relevant Experience

Belgian and international tax advisory

• Assisting a US-based industrial multinational group on the Belgian tax and accounting aspects relating to significant soil remediation costs, and provisions related hereto

• Assisting a French company on the Belgian VAT aspects of single purpose and multipurpose vouchers

• Assisting a German GmbH & Co KG on the Belgian tax treatment of the subscription to a bond issued by a Belgian company

• Advising a foreign fintech company on the Belgian tax aspects relating to launching its payments activities in Belgium

• Assisting a Swiss company in relation to the Belgian tax aspects of derivative tracker certificates in Belgium (i.e. structured securities representing a tracker of high risk derivatives)

• Advising Belgian foundations as to the tax aspects relating to philanthropy

• Advising a car manufacturer in relation to the Belgian tax aspects relating to a contemplated introduction of a new direct sales system with self-employed commercial agents

• Advising a German based group on the Belgian tax aspects of an intra-group cash pooling activities and interest limitation rules

Business transactions and corporate reorganizations

• Assisting an investment fund in the tax structuring of a renewable energy project and the acquisition of a portfolio of 19 wind projects across France

• Advising a Belgian car distributor on its group restructuring

• Advising on the Belgian tax aspects relating to the acquisition of and financing by a foreign aluminum group of a leading Belgian company in the aluminum business

• Advising a French subsidiary of a Japanese listed group on the Belgian tax aspects of a restructuring, including the relocation of various business lines to France and The Netherlands

• Advising a major player in the maritime and logistics sectors on all corporate income tax and VAT aspects of its intra-group restructuring

• Assisting a foreign company on the Belgian tax aspects of a joint venture for exploiting propylene tanks

• Assisting the French company in the framework of the acquisition of 100% of the shares of the Belgian company

Capital markets transactions, corporate finance, financial products, and structured finance

• Advising on the Belgian tax aspects relating to the migration of shares of various Irish listed companies from the CREST system to Euroclear

• Advising national and international lenders and borrowers on the tax aspects relating to loans and facility agreements

• Advising on Belgian tax aspects of debt and equity financing by Belgian and foreign companies

• Assisting an international private equity group on the Belgian tax aspects of the mezzanine financing for the acquisition of the global market leader company in environmental, health and safety regulations

• Assisting a foreign aluminum group in the tax aspects related to the financing of the acquisition and the refinancing of its financial indebtedness

Private equity

• Advising a French private equity fund, and its investors in the exit of their investment in a Belgian holding company

• Assisting a venture capital and private equity player with the tax related aspects of its acquisition(s) in Belgium

• Advising a French private equity house company, on the Belgian tax aspects relating to the additional investment in the capital of the Belgian company

• Assisting a private equity player with respect to the acquisition of IT consultancy business

• Assisting a private equity fund with its investment in a Belgian company active in battery storage

Funds

• Assisting Belgian and foreign funds in relation to the tax treatment of its investors

• Assisting a Belgian management company regarding a pension fund, in relation to the transfer of the management to a Luxembourg-based management company

Real Estate transactions

• Assisting a renowned hotel chain with the complex tax aspects of its acquisition of a hotel in Brussels

• Advising a major Belgian stock listed REIT on a very high-profile transaction on the Belgian real estate market, consisting in the set-up of a joint-venture structure to hold a building complex which is Brussel's most famous landmark

• Assisting a real-estate investor, operator and developer and a Belgian Real-Estate Investment Trust with the tax structuring of the sale of a portfolio of almost 50 office buildings in Belgium

• Assisting a leading Belgian investor with the structuring of the redevelopment of a 25-hectare site with a view to creating a museum, a conference center and a center of excellence for SMEs

• Assisting the shareholders of a Belgian real estate company on the tax aspects of the disposal of their shares to a real estate investment fund

• Assisting major REITs in the tax structuring of their real estate investments and disposals (direct sale, rights in rem, real estate certificates, VAT impact)

• Assisting a Luxembourg investment fund in the tax structuring of its real estate investment and disposal

• Assisting a major real estate investor with a mutual agreement procedure between the Belgian and French competent authorities in order to resolve a tax dispute with respect to the sale of the shares of French real estate companies leading to a situation of double taxation that violates the Belgium-France Tax Treaty

• Assisting a consortium of real estate developers in the optimization of the structuring of a major real estate development

• Assisting one of the most active real estate developers on the Belgian market, with the optimisation of the tax structure of the development of a prominent project

Tax Litigation

• Assisting one of the largest real estate groups in Belgium with various disputes with the French tax authorities relating to capital gains realized by its Belgian subsidiaries on the sale of French real estate companies, in particular relating to the interpretation of the Belgium-France Tax Treaty

• Assisting client before the Belgian courts in relation to corporate income tax disputes with the tax authorities

• Assisting client in relation to VAT disputes with the tax authorities.

• Assisting various companies in its transfer pricing disputes relating to intercompany financing and services

• Assisting a French AIFM with respect to the recovery of Belgian withholding tax on dividends levied on investments made by Luxembourg SICAV investment funds

• Assisting a client in relation to the tax treatment of copyright income

• Representing a Belgian REIT in proceedings before the Court of Cassation (Belgian Supreme Court) concerning the legality of real estate taxes

Employee and executive incentive plans

• Assisting a Belgian listed company in the implementation of its warrant plans

• Advising a French investment bank on the tax aspects of listed warrants to be offered by employers to employees

• Assisting a US listed company in assessing the Belgian tax implications of US equity plan rewards (restricted shares, performance shares, options and other share awards) offered to Belgian employees and directors

• Advising a UK listed company as to the Belgian tax aspects relating to an employee share option scheme to be rolled out to Belgian tax resident employees

• Advising a large US-based company on the Belgian tax aspects of a highly complicated warrant/stock option plan

• Advising a French company on the Belgian tax aspects relating to a stock grant as well as the grant of stock options and warrants.

• Assisting a Swedish listed company on the implementation of stock options

Intellectual Property

• Assisting a Belgian listed company in successfully obtaining a tax ruling for the tax optimization of its employees’ salary package involving copyright income

Awards & Recognition

‘The members of the team are complementary. They are working together. Together they have a large range of the necessary skills. Working with them lets us feel well protected.’

‘The firm looks pretty client-oriented and we found the most important and valuable thing was the responsiveness of the professionals we dealt with for our project.’

‘This practice is unique because of its hands-on mentality as well as their responsiveness. They are able to quickly capture the legal needs and issues and translate them into advice and solutions the business can work with in practice.’

‘I highly value the responsiveness and hands on mentality of Lievin De Wulf who is able to translate difficult tax issues and advice into comprehensible wording and provide practical solutions our business is able to work with. His availability, expertise and time of response are outstanding.’

‘Pierre Desenfans is the partner with whom we work. He is specialized in Real Estate and has the big advantage to be able to tackle very efficiently different sub topics (corporate tax, VAT, registration duties, International taxation, local taxation).’

‘Strong interaction with their real estate transaction team allows them to provide a global and synthetic answer to questions raised.’

- Legal 500, Tax, 2022, Tier 3

Ranked in Tier 3 in Tax, World Tax 2022, ITR

Ranked in Tier 2 in Tax Controversy, World Tax 2022, ITR

Ranked as “Highly Recommended” in Corporate tax, Leaders League, 2022, with Lievin De Wulf as “Highly Recommended”

Ranked as “Leading” in Real estate tax, Leaders League, 2022

Lievin De Wulf recognised as “Highly Regarded”, World TP 2022, ITR