Food Lion 2012 Annual Report Download - page 172

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holding tax rate of
5% is applicable. No
withholding tax is how-
ever applicable if the ben-
eficial owner of the dividends is i) a
company, resident of the U.S. that
has owned directly shares repre-
senting at least 10% of the capital
of Delhaize Group for a 12-month
period ending on the date the divi-
dend is declared, or ii) a pension
fund, resident of the U.S., provided
that the dividends are not derived
from carrying on a business by the
pension fund or through an associ-
ated enterprise.
Although there are exceptions, in
general the full 25% Belgian with-
holding tax must be withheld by
Delhaize Group or the paying agent,
and the non-Belgian holder of
Delhaize Group shares or ADRs
may file a claim for reimbursement
for amounts withheld in excess of
the treaty rate. The reimbursement
claim form (Form 276 Div.- Aut.) can
be obtained from the AFER – Bureau
Central de Taxation, Bruxelles-
Etranger, Tour North Galaxy B7,
Boulevard Albert II 33, PO Box 32,
B-1030 Brussels, Belgium. (phone:
[phone], fax: +32 2 579
68 42, email: bct.cd.bruxelles.etr@
minfin.fed.be). The form should be
completed in duplicate and sent to
the relevant Tax Office in the resi-
dence country of the non-Belgian
holder with the request that one
copy be appropriately stamped and
returned to the sender.
The non-Belgian holder can then
obtain reimbursement from the
Bureau Central de Taxation, at the
same address, upon presentation
of the stamped form and a docu-
ment proving that the dividend has
been cashed. The request for reim-
Taxation of Dividends of
Delhaize Group Shares
It is assumed that, for the applica-
tion of domestic Belgian tax legisla-
tion and the U.S.-Belgian tax treaty,
owners of Delhaize Group ADRs
are treated the same as owners of
Delhaize Group shares and that the
ADRs are treated as Delhaize Group
shares. However, it must be noted
that this assumption has not been
confirmed or verified with the Bel-
gian Tax Authorities.
For Belgian income tax purposes,
the gross amount of all distribu-
tions made by Delhaize Group to its
shareholders (other than repayment
of paid-up capital in accordance
with the Belgian Companies Code)
is generally taxed as dividends. Div-
idends that are attributed or paid on
the shares are in principle subject to
a 25% Belgian withholding tax.
For non-Belgian residents - indi-
viduals and corporations - Belgian
withholding tax is retained also
at the rate of 25% subject to the
reductions or exemptions provided
by Belgian tax law or by the tax
treaty concluded between Belgium
and the country of which the non-
Belgian beneficiary of the dividend
is a resident. Such withholding tax
is normally the final tax in Belgium.
For dividends paid by Delhaize
Group to a U.S. holder of ADRs, ben-
eficial owner of the dividends, who
is not holding the shares through
a permanent establishment in Bel-
gium and is entitled to claim benefits
under the U.S.- Belgian tax treaty,
the withholding tax is reduced from
25% to 15%. If the beneficial owner
is a company that owns directly
at least 10% of the voting stock of
Delhaize Group, a reduced with-
bursement must be
filed with the Bureau
Central de Taxation within
five years from January 1 of
the year following the year in which
the dividend was declared payable.
Prospective holders should consult
their tax advisors as to whether they
qualify for the reduced withholding
tax upon attribution or payment of
dividends, and as to the proce-
dural requirements for obtaining
the reduced withholding tax imme-
diately upon the attribution or pay-
ment of the dividends or through the
filing of a claim for reimbursement.
Annual Report
This annual report is available in
English, French and Dutch. It can be
downloaded from Delhaize Group’s
website: www.delhaizegroup.com.
Delhaize Group is subject to the
reporting requirements of the U.S.
Securities and Exchange Commis-
sion (SEC) governing foreign com-
panies listed in the U.S. An annual
report will be filed with the SEC on
Form 20-F. The Form 20-F will be
available from the SEC’s EDGAR
database at www.sec.gov/edgarhp.
htm and on the Company’s website.
Consultation of Documents
The public documents concerning
Delhaize Group can be consulted at
the registered office (rue Osseghem/
Osseghemtraat 53, 1080 Brussels -
Belgium).
In the United States, Delhaize Group
is subject to the informational
requirements of the U.S. Securities
Exchange Act of 1934, as amended
(the “Exchange Act”), and in accord-
ance with the Exchange Act Delhaize
Group files reports and other infor-
€ 1.40
of gross
dividend per share
in 2012
INVESTORS