Memorandum on Stock option plans

Belgian individual tax treatment of options granted as of 1 January 1999 falling in the scope of application of the Law of March 26, 1999 (as amended by the Law of December 24, 2002).
Summary

Warning: The taxable moment of stock option income derived from options offered as of January 10, 2003 and accepted more than 60 days after the date of the offer is not ruled by the Law of March 26, 1999 (as amended by the Law of December 24, 2002). Appropriate advice should be sought with PricewaterhouseCoopers for the purpose to have their tax treatment accurately addressed, their tax treatment is other than the tax treatment described below.

• Scope of the current legislation
  • definitions
  • beneficiary
• Individual tax treatment
  • taxable moment
  • taxable basis – quoted stock options
  • taxable basis – unquoted stock options
  • tax favoured treatment
• Social security contributions (ONSS/RSZ)
• Employer’s withholding requirement
  • income tax
  • social security contributions
• Employer’s reporting requirement
• Employee’s reporting requirement
• Deemed Refused Options (DRO)