Projet de loi modifiant le Code des impôts sur les revenus 1992 et le Code des droits et taxes divers en matière de revenus de produits d'assurance et portant une disposition diverse.
General information ¶
- Authors
-
CD&V
Hendrik
Bogaert
LE Josy Arens
MR Philippe Goffin
Open Vld Herman De Croo, Gwendolyn Rutten
PS | SP Olivier Henry
Vooruit Dirk Van der Maelen - Submission date
- June 21, 2011
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- tax direct tax tax on income life assurance liquidation insurance insurance company
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB
Party dissidents ¶
- Annick Van Den Ende (LE) abstained from voting.
Contact form ¶
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Discussion ¶
June 30, 2011 | Plenary session (Chamber of representatives)
Full source
President André Flahaut ⚙
In the absence of the speaker, Thiery, I consider that he refers to his written report.
Philippe Goffin MR ⚙
Protection funds are intervened when a credit institution, a stock exchange company or a life insurance company is no longer able to meet its obligations towards its clients by proceeding to repay them.
The Special Fund for the Protection of Deposits and Life Insurance covers life insurance of Branch 21 for a total amount of EUR 100 000 for all contracts concluded by the same insurer within an insurance undertaking and provided that that undertaking participates in the Special Protection Fund.
For the first time, following the bankruptcy of the insurance company Apra Leven, the Special Fund for the Protection of Deposits and Life Insurance must intervene as part of the liquidation of an insurance company. This intervention requires the adaptation of a number of provisions relating to the taxability of income from insurance products in order not to cause any additional disadvantage to the insured or beneficiary concerned. In particular, it should be avoided that certain situations give rise to a self-progressive tax or a higher separate rate due to a circumstance that is foreign to the insurer or beneficiary concerned.
This bill aims to allow for a tax-neutral transfer when capital generated under the original contract is transferred to a new similar contract. The similarity is mainly based on the fact that it must be a contract that has, like the original contract, the same tax provisions for certain benefits in the future constitution of capital or for a favourable tax treatment of the amounts thus distributed.
Since the withdrawal of the approval of the insurance company Apra Leven, on March 4, last year, the benefits are no longer fulfilled with respect to the insured. For some of these people, these benefits are ⁇ important. This is, for example, the payment of pension insurance, life insurance pensions that are no longer paid or balance insurance remaining in guarantee of mortgage loans that are no longer worth anything, which allows the lender to terminate the credit contract.
It is really very important, especially for these people, to be able to obtain compensation from the Protection Fund in the shortest possible time.
We can look forward to the adoption of this proposal, yesterday, unanimously, in the Finance Committee. In fact, it was essential for these citizens that it be voted quickly.