Stock options and management companies: new circular letter published
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This circular letter Dutch ; French follows from the controversy that arose at binar optionen betrug end of last year in this respect, and confirms that circulaire stock options 2017 dubai grants cannot benefit from the beneficial reduced tax valuation rules for the purposes of the Belgian stock option law.
Interestingly, this position only applies to options that were offered after the date of publication of the circular letter 13 April This seems to imply that direct grants that were made before or even on this date may still benefit from the former practice of the tax administration whereby the more beneficial valuation for tax purposes was accepted under certain circumstances.
The Belgian stock option law of 26 March provides that, subject to certain conditions, the grant of stock options to physical persons can benefit from a special tax regime.
This regime basically implies. The above-mentioned special tax regime only applies to options that circulaire stock options 2017 dubai granted to physical persons. Options that are granted to management companies are out of scope of the stock option law and are generally subject to a far less favorable tax treatment. In situations where members of management operate through a management company, many companies have — for the reasons set out above — chosen to directly grant stock options to the circulaire stock options 2017 dubai managers physical persons of that management company rather than to the management company itself.
In practice, the tax administration however accepted that in certain circumstances, such type of grant could benefit from the reduced valuation rules e.
The circular letter of 13 April now puts a halt to this informal practice and clearly states that stock options that are granted directly to the underlying manager physical person of a management company can no longer benefit from the reduced valuation rules.
This does however not take away from the fact that as a matter of principle, circulaire stock options 2017 dubai grants under the Belgian stock option circulaire stock options 2017 dubai remain possible and permitted. The circular applies to stock options that are offered after the date of its publication i. This seems to indicate that options that were offered directly to the managers physical persons of management companies on or before that date may still benefit from the reduced valuation rules provided of course that the relevant conditions were met — see above.
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Jan Bogaert Partner Hong Kong.