The case centres around and Italian agricultural firm that is owned by the De Gucht’s. The couple has set off the company’s losses (almost 41,000 euro) against their Belgian tax. However, the Tax Office said that this was not allowed.
The Inland Revenue requested that the amount due in tax from the De Gucht’s should be increased by 50% as a penalty for them having tried to evade tax.
However, the court said that this was too severe and imposed a 10% penalty charge for the filing of an incorrect or late tax return. In a previous case brought against them Mr and Mrs De Gucht were acquitted due to a procedural error during the investigation. Then the case centre around a share transaction in which the couple made 1.2 million euro.