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Companies, Partnerships

Under Belgian law, the term “share company” (sociétés par actions) applies not only to companies by shares (sociétés anonymes) and limited partnerships with share capital (sociétés en commandite par actions) established within the precise meaning of the co-ordinated laws on commercial companies, but also to similar companies, such as private companies (sociétés àresponsabilité limitée), without distinction of nationality, provided, however, in all cases that they have their head office or principal establishment in Belgium and their capital divided into shares.

Accordingly, a share company, even if incorporated abroad, is subject to the regime governing similar Belgian companies, if it has its head office or principal establishment in Belgium.

Associations, other than share companies, which have legal entity, especially partnerships (sociétés en nom collectif and sociétés en commandite simple) are also taxable in Belgium if they have their head office or principal administrative establishment there; these associations are taxed as such on profits placed to reserve, but each partner is taxed separately on the sums allotted or distributed to him.

Foreign share companies and other foreign companies which have a branch, agency or any other establishment in Belgium are taxable in that country in respect of the profits resulting from any operations conducted by or through the said establishments.

There are three schedular taxes1:

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