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April 23, 2026European Taxation0 citations

The New Belgian CFC Rule under Model A of the EU Anti-Tax Avoidance Directive (2016/1164): The Infamous Trend Carries On – Part 1

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DSDavid Seutin

Key Points

  • The article aims to evaluate Belgium's implementation of the ATAD’s CFC substance carve-out under EU law.
  • Analyzes compatibility of the substance carve-out with existing EU legislation.
  • Reviews CJEU case law related to CFC rules.
  • Sets the stage for further exploration in Part 2 concerning other Member States.
  • Identifies potential legal challenges regarding the carve-out’s alignment with EU law.
  • Highlights the relevance of case law from other Member States for Belgium's CFC legislation.
  • Notes the need to address issues of double taxation related to CFC rules in future discussions.

Abstract

In this two-part article, the author discusses the New Belgian CFC Rule under Model A of the ATAD. Part 1 deals with the compatibility of Belgium’s implementation of the ATAD’s CFC substance carve-out with EU law and the CJEU’s case law. Part 2, to be published in issue 5 of European Taxation (2026), analyses the case law of other Member States on the application of the substance carve-out under long-standing entity-based CFC rules. The lessons drawn from these cases will be of particular relevance for Belgium and other EU Member States that have more recently adopted entity-based CFC legislation. Two further issues will also be addressed: the interaction between the CFC substance carve-out and the PSD GAAR and the still unexplored question of the elimination of double taxation arising from the application of the CFC rules.

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Cite This Study

David Seutin (2026) studied this question.

synapsesocial.com/papers/69e9b80e85696592c86eb758https://doi.org/10.59403/44mmjx
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Also Consider

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  5. 5Article: Anti-Avoidance Jurisprudence in Direct Taxation: The CJEU Between Politics and Certainty2024 · 4 citations