On 6 May 2019, Belgium published in the Official Gazette the Law of 28 April 2019 on various tax provisions along with the amendment of Article 264 of the Income Tax Code, which provides for an exemption from withholding tax on dividends in certain cases.
The amendment is the addition of an exemption for dividends allocated or attributed to Belgian residents by a foreign distributing company in relation to a spin-off, where the foreign company contributes a branch of activities to a new or existing company in exchange for shares. Previously, such distributions are generally considered subject to tax.
The exemption is effective from 1 January 2019 and applies to dividends paid or credited from that date.
