Andy Cools, Arcalius, Opglabbeek, Belgium: Directors fees in an ...

Article 16 OECD
C. Remuneration
Only such remuneration falls within the scope of the article
as is paid in respect of the supervision of a company’s
management.
The remuneration may be paid in a fixed amount or as a
share in the company’s profits or in both forms side by side.
If however, the member of a board of directors is also a
shareholder of the company concerned, it should be noted
that any remuneration dependent on the profits made by
the company might be considered to be distributions in
respect of his interest in the company, i.e. dividends, at
least under the law of some countries.
Belgium – The Netherlands treaty: “werkende vennoten:
article 15 or 16?