Announcement 2009-79

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Internal Revenue Bulletin:

2009-46 November 16, 2009

Announcement 2009-79

Mutual Agreement on Share Attribution under Belgium Treaty



The competent authorities of the United States and Belgium have entered into a mutual agreement concerning share attribution for purposes of applying paragraph 3 of Article 10 (Dividends) in determining whether a person is an “equivalent beneficiary” under subparagraphs 3 a) and 8 g) of Article 21 (Limitation on Benefits) of the U.S.-Belgium income tax treaty. The text of the agreement, which was released by the Deputy Commissioner (International) on October 15, 2009, is as follows:

Competent Authority Agreement
The competent authorities

of the United States of America and the Kingdom of Belgium, pursuant to Article 24 (Mutual Agreement Procedure) of the US-Belgium income tax treaty (“Treaty”) hereby agree that under Treaty Article 21 (Limitation on Benefits), the determination of whether a person is an “equivalent beneficiary” under subparagraphs 3 a) and 8 g) is to be made taking into account the following language:

For the purposes of

applying paragraph 3 of Article 10 (Dividends) in order to determine whether a person owning shares, directly or indirectly, in the company claiming the benefits of the Treaty, is an equivalent beneficiary, such person is to be deemed to hold the same voting power in the company paying the dividend as the company claiming the benefits holds in such company.

Barry B. Shott United States

Competent Authority Deputy Commissioner (International)

Sandra Knaepen Premier Attaché des Finances Service

Public Fédéral FINANCES IMPOTS ET RECOUVREMENT

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