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Tax deductibility of Commission fines for antitrust infringements: Dutch courts enter the debate

  • McDermott Will & Emery
  • -
  • Belgium, Netherlands
  • -
  • March 18 2010

On 23 June 2009 the Antwerp Court of Appeal ruled that Article 53,6 of the Belgian Income Tax Code allowed fines for antitrust law infringements to be deducted from a company's taxable income

Belgian court rules in favour of tax deductibility of European Commission fines for antitrust infringements

  • McDermott Will & Emery
  • -
  • Belgium
  • -
  • October 26 2009

On 23 June 2009 the Antwerp Court of Appeal ruled that European Commission fines for antitrust infringements are administrative rather than criminal fines and so can be deducted from profits for corporate income tax purposes under Article 53, 6 of the Belgian Income Tax Code (and consequently, any resulting losses can be carried forward indefinitely