Resumen de Flemish Exemption from Succesion Taxes for the Inheritance of Family-Owend Companies: Condition of Employment Replaced by a Condition of Labour Costs

Katrien van Boxstael, Bertel De Groote

• Since 1 November 2007 the condition of employment in the Flemish Region, as determined in Article 60bis, para.5 Flemish Succession Tax Code, is replaced by a condition of labour costs in the European Economic Area. The immediate occasion of this amendment was a judgment of the Court of Justice of the European Communities that concluded to the incompatibility of the condition of employment opposed with the freedom of establishment guaranteed in Article 43 EC Treaty, as far as the employment considered for the fulfilment of this condition is limited to ‘the Flemish region’.