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CJEU decision on Belgian excess profit system

CJEU decision on Belgian excess profit system

General Court of the CJEU annuls the Commission’s decision on Belgian excess profit ruling system.

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On 14 February 2019, the General Court of the Court of Justice of the European Union (CJEU) rendered judgment on the Belgian ‘excess profit’ tax ruling system case. Belgian tax legislation provided for the possibility of advance rulings allowing a company that is a member of a multinational group to make unilateral downward adjustments to its taxable base for ‘excess profits’. The General Court ruled that the Commission had failed to demonstrate the existence of an aid scheme and hence, the Commission’s decision of 11 January 2016 was annulled in its entirety.

KPMG’s EU Tax Centre comments on this latest ruling in the Belgian ‘excess profit’ tax ruling system case (T-131/16) in the Euro Tax Flash here.

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