The judgment of the Ghent Court of Appeal dates back to January 7, but was not yet known. “In the meantime, the Special Tax Inspectorate (BBI) has indicated that it will be based on the judgment. With that, the matter is definitively resolved with regard to this dispute ”, reacts De Guchts lawyer, Bruno Cardoen of the Tiberghien office.
For the 2006 tax year, the tax authorities claimed an additional tax assessment by De Gucht and Schreurs of more than 811,000 euros. But the Court of Appeal wrongly upholds the Special Tax Inspectorate on the whole because the arguments do not make sense.
The income that De Gucht and Schreurs obtained from the sale of shares in the Vista zinc group were not “professional income” as the tax authorities have maintained for years. According to the court of appeal, it all fit into the “normal management” of their “private assets”. De Gucht and Schreurs have therefore not violated tax rules, the judgment concludes.