Henk Vanhulle

Henk is widely acknowledged as one of Belgium’s foremost tax lawyers. He has vast experience of advising corporates, financial institutions and funds on the Belgian, EU and international tax matters, including their tax planning and structures.. He also advises on the tax aspects of transactions, including corporate M&A, capital markets and finance deals and real estate transactions. He has a strong trck record in R&D tax incentives. Henk is advising clients on the tax aspects of equity incentive plans, such as share plans, stock options, leverage share plans, co-investment and carried interest schemes. He assists clients during tax investigations, and represents them before courts (including the European courts).

Henk maintains excellent contacts with the Belgian tax authorities (including the ruling commission, central tax authorities, and the Government). He has obtained a number of important and innovative rulings on tax issues in relation to R&D incentives, equity incentives, DRD regime.

Henk leads the firm’s Belgian tax practice and is a member of the firm’s Partnership Board.

For almost two decades, Henk has been recognised as a Band 1 practitioner in Chmabers Europe and Legal 500.

Work highlights

Henk has led on, or has been a principal adviser on, many market-leading deals. These include advising:

• Elia Group on its 2019 reorganisation under which the Belgian regulated activities were transferred to a newly established company, including obtaining tax rulings confirming complex tax issues specific to the regulated electricity business;
• Mohawk on a strategic tax litigation case concerning taxation in the hands of a Belgian company of patent income earned by another foreign group company, holder of the patents, as a result of which the Court of Appeals annulled the tax assessments.
• A private equity company on a tax investigation conducted by the special fraud squad in relation to carried interest.
• Belfius Bank on its first issuance of €500m additional tier 1 securities, including obtaining a tax ruling confirming the tax deductibility of the coupon and the non-application of various anti-abuse measures.
• Cross-border reorganisations in the insurance sector whereby tax rulings were obtained confirming amongst others the tax neutrality.
• A cross-border merger of a Belgian company with a French parent company triggering a deemed liquidation from a tax perspective whereby a ruling was obtained.

Henk is a member of legal & tax committee of the American Chamber of Commerce, of the IFA Belgian Branch, and of the De Warande Business Club, Brussels.

He has been teaching corporate tax at the Vlerick Business School and at Catholic University of Leuven.

Henk has spoken at many seminars on tax topics, as well as writing extensively on these subjects.

Henk studied law at the Catholic University of Leuven, obtained a special tax degree from the Ecolé Supérieure des Sciences fiscales of Brussels and holds a master’s in law from University of Illinois College of Law.

He speaks English, Dutch and French.