Court of Justice of the European Union finds Belgian CFC rules disproportionately impact foreign tax credits, affecting taxation practices.
On 26 February 2026, the Court of Justice of the European Union held that the (old) Belgian CFC rules were the result of an incomplete transposition of the ATAD) The Belgian legislature had refused to grant a tax credit under the Model B rules for the foreign taxes paid by a CFC (as required by article 8(7) of the ATAD), in the interest of better protection of the Belgian tax base, but the CJEU considered the corresponding (risk of) double taxation to be disproportionate.
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Pieter-Jan Wouters (2026) studied this question.
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