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Belgian outbound transfer pricing adjustments do not violate freedom of establishment, says Advocate-General

On 10 September 2009 Advocate General Kokott handed down her opinion in the European Court of Justice (ECJ) case Societe de Gestion Industrielle.  The Advocate General stated that, in her opinion, the Belgian tax reinstatement of “not at arm’s length profits “(referred to as an “abnormal or gratuitous advantage”) is not contrary to the “freedom of establishment” principle of EU law. Therefore, Belgian companies can not rely on that argument to revoke the reinstatement.
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18-09-2009
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