The EC is referring Belgium to the CJEU because its tax legislation provides for different methods of assessing income from property, meaning that a Belgian resident income from property located abroad is assessed at a higher value than that from comparable property in Belgium. Such a difference in tax treatment penalises those who invest in property in other member states and constitutes an infringement of the free movement of capital guaranteed by TFEU art 63 and the EEA Agreement art 40.
The EC is referring Belgium to the CJEU because its tax legislation provides for different methods of assessing income from property, meaning that a Belgian resident income from property located abroad is assessed at a higher value than that from comparable property in Belgium. Such a difference in tax treatment penalises those who invest in property in other member states and constitutes an infringement of the free movement of capital guaranteed by TFEU art 63 and the EEA Agreement art 40.
