Glossary entry (derived from question below)
Dutch term or phrase:
bevrijdend
English translation:
in full discharge
Dutch term
bevrijdend
This sentence is at the end of a short article regarding royalties, withholding tax, deductions and tax declarations. The previous sentence refers to the need to declare income in the tax return from 2012 onwards so that the FOD or Public Finance Service can check whether the regulation was correctly applied. There are quite a few explanations in Dutch about this term (bevrijdend) which I have found which suggest that the deducted withholding tax may be free of this obligation in some way although it appears that a change in the law may have taken place. I am not 100% sure about this and I don't have much idea of a suitable term in English (exempt/exempted?). I would be grateful for any input you could give me.
4 | in full discharge | Steven Segaert |
5 | discharged | Andrew Howitt |
Sep 3, 2012 14:35: Steven Segaert Created KOG entry
Proposed translations
in full discharge
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Note added at 37 mins (2012-08-28 08:07:21 GMT)
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PS Iate also has this when searching for the French term: http://iate.europa.eu/iatediff/SearchByQuery.do?method=searc...
Domain Taxation
fr
Term retenue à caractère libératoire
Reliability 3 (Reliable)
Term Ref. Bulletin des CE,suppl.4/1991
Term Note impôt sur les sociétés;REF:Bulletin des CE,suppl.4/1991
Date 24/09/2003
en
Term in full discharge of tax liability
Reliability 3 (Reliable)
Term Ref. Bulletin of the E.C.,suppl.4/1991
Date 24/09/2003
Mits betaling van een eenmalige bijdrage van 9 of 6 %, afhankelijk van de aard en de aanwending van de geregulariseerde bedragen, wordt de aangever van alle belastingen bevrijd, en geniet hij bovendien sociale en strafrechtelijke immuniteit.
Such a system would be accepted by the public if it is in full discharge, that is to say that it exempts the citizen from any other additional tax.
http://minfin.fgov.be/portail1/nl/dlu/welcomedlunl.html
http://www.rsvz-inasti.fgov.be/nl/faq/q_contributions_eba.htm
Discussion
The way the system works is that you pay a tax "on the spot" - in thus case the "roerende voorheffing" - which is a tax on interest gained out of investments. That is a fixed percentage, levied at the source.
Then, unless there is fraud or you make a different declaration, this tax is considered final. There will be no discussion about whether it was too little or too much - by paying it, you have fulfilled all your tax obligations.
In other words, the tax you pay discharges you of paying anything else on the same amount.
Literally, what you pay is discharging (of other taxes and of the obligation to declare).
What you might have been held to pay in the hypothesis that the calculation would be re-done (taking into account your other income, etcetera) is then "discharged".
It also works the other way (for this type of tax): if you have paid too much at the source, and don't contend it by adding details to your income tax declaration, then you lose out.
See also:
...Specifically for Belgium, if such foreign interest or dividends are paid through a Belgian intermediary, they are taxed through a discharging withholding tax. If however no Belgian intermediary is involved in the payment process, the recipient has to report this income in his annual tax declaration....
http://www.bdo.be/content.aspx?lang=EN&PageId=619&TK=true
I would like to remark though that the tax which is paid discharges the payer from doing anything else (filing further declarations or paying more - similar - tax). If we would use "discharged" in this context, it seems to me that this would imply that the tax paid is discharged in lieu of the potential tax that would be levied if nothing would be done. If you understand what I mean.
In other words, one tax is paid and discharges from further liability. Should that then not be "discharging" (or "in discharge") instead of "discharged"?