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United States and Belgium: Indiscriminate obligation to report US taxpayers under FATCA challenged under EU law

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In brief

On 24 May 2023, the Belgian Data Protection Authority (DPA), the authority responsible for enforcing the EU’s General Data Protection Regulation (GDPR) in Belgium, issued a major decision (“Decision“) concerning information exchanges pursuant to the US Foreign Account Tax Compliance Act (FATCA). The Decision declares the information reporting required of the Belgian tax authority and Belgian financial institutions under FATCA to be unlawful because it violates the privacy rights and protections afforded to Belgian residents under the GDPR, as well as the rights to a private life and protections of personal information guaranteed by the Charter of Fundamental Rights of the European Union.

This article appears in the third edition of the Private Wealth Newsletter 2023.

Click here to access the full publication.

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Julie Permeke is a partner in the Tax Practice Group of the Brussels office. She joined Baker McKenzie in 2016 after several years of experience as a tax lawyer in other well reputed Benelux law firms. She also works as a voluntary researcher in the tax department of the Free University of Brussels (VUB). Julie has been listed as a recommended tax lawyer in Legal 500.

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Marie Krug is an Associate in Baker McKenzie's Brussels office.

Author

Mathieu Wiener is an associate at the Firm's Zürich office, in the International Tax and Global Wealth Management practice groups. Before joining the Firm, Mathieu worked in the United States Tax Court in Washington, DC. Mathieu has experience assisting individuals and families with US and international tax, wealth planning, and regulatory matters. Mathieu assists clients in interdisciplinary matters in both English and French.
During law school, Mathieu worked in the United States Bankruptcy Court for the Central District of California, and the United States Attorneys’ Office for the Central District of California, Tax Division.

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