Court decision on Belgian withholding tax and US investment funds

On 14 November, several decisions were issued by the Brussels’ Tax Court of First Instance in which they confirmed the right of reimbursement of withholding tax (“WHT”) to US investment funds. The decisions are the first of their kind and follow months of pleadings led by Taxand and our partner Lydian. The claims were the first ones filed with the Courts on behalf of US RICs in Belgium (for 7 US RICs in total).

We encourage foreign investment funds with pending WHT claims in Belgium to investigate in more details the potential opportunities for those claims.

ATOZ, Taxand and Lydian’s tax experts are available to assist in addressing any questions you may have regarding the decisions.