OUR INSIGHTS AT A GLANCE
- On 10 November 2023, the Constitutional Court concluded that the minimum net wealth tax regime for companies holding predominantly financial assets is unconstitutional.
- Pending a potential legislative reform, taxpayers subject to minimum net wealth tax applicable to companies considered as SOPARFIs for minimum net wealth tax purposes should be subject to the minimum net wealth tax applicable to Non-SOPARFIs whenever this is more favourable.
- The facts leading up to the reference for a preliminary ruling, as well as the Court’s reasoning and the consequences of such ruling, are analysed hereafter.