Image of Patrick Smet

Patrick Smet

Partner

Email

Patrick.Smet@aoshearman.com

Phone

+32 2 780 24 31

Offices

Brussels

V-CARD
Patrick is the head of the firm’s Belgian tax department. One of the top tax lawyers in Belgium, Patrick has more than 30 years of high-level tax experience.
His work covers a wide range of tax matters, including tax dispute resolution, M&A tax, financial tax, M&A tax, private equity tax, incentives tax, and tax risk management. On the contentious side, he has extensive experience in tax dispute resolution, representing clients in tax investigations, administrative controversies, and tax litigation. 

Patrick is the author of a highly respected manual on Belgian financial tax and regularly publishes articles in domestic and international tax reviews. He is often interviewed in the financial press. Since many years, he has been recognized as one of the few Tier 1 tax lawyers in Belgium.

Experience

Representative matters

  • Several portfolio companies of private equity funds in withholding tax litigation cases.
  • Ahold on all Belgian tax aspects of its EUR 25bn (market-first) cross-border merger with Delhaize.
  • CFE/Ackermans & van Haaren on the tax aspects of the (market-first) spin-off of marine contractor DEME, resulting in the separate listing of DEME.
  • Several Belgian companies in “tax abuse” litigation cases, up to the Belgian Supreme Court.
  • A large number of financial institutions on financial tax matters.
  • “Beneficial ownership” tax litigation cases: Representing several portfolio companies of private equity funds in “beneficial ownership” tax litigation cases.

Pro bono

  • Advising SOS Kinderdorpen on Belgian tax matters.
  • Advising PATRIZIA Kinderhaus-Stiftung on Belgian tax matters.

Published Work

  • P. Smet, A. Bray and B. De Bock, Commentary on the new tax rules in relation to debt restructurings, in Fiscoloog/Fiscologue, November 2023
  • P. Smet, Commentary on the constitutionality of the new tax regime for Belgian State bonds, in Fiscoloog/Fiscologue, August 2023
  • P. Smet, Commentary on the proposed tax reform in relation to employee share plans, in Fiscoloog/Fiscologue, March 2023
  • P. Smet, Handboek Roerende Voorheffing, 2003, Biblo, Kalmthout, 526 p.

Speaking Engagements

  • Speaker at the Investigation Seminar, A&O (Brussels and Antwerp), September/October 2018
  • Speaker at the Variable Remuneration Seminar, A&O, October 2017
  • Speaker at the Tax Seminar: What keeps Board and Tax Directors awake at night, A&O, February 2017
  • Speaker at Seminar on Recent developments in State aid and tax rulings, A&O (Amsterdam), November 2016
  • Speaker at annual meeting organised by IFA Belgium: "Financial Transaction Tax - Is it legal?", December 2012

Leadership Positions And Professional Affiliations

  • Member (and former director), International Fiscal Association, Belgian branch

Recognition

“He is an incredible lawyer in financial tax matters.”
Chambers Europe 2024 – Tax (Belgium)
“Patrick is very knowledgeable, has a pragmatic approach and provides usable feedback.”
Chambers Europe 2024 – Tax (Belgium)

Awards

  • Multiple winner of Belgium Tax Firm of the Year (European Tax Awards, International Tax Review)

Qualifications

Admissions

Registered Foreign Lawyer, England and Wales, 2021

Admitted as lawyer to the Brussels Bar, 1997

Trainee at the Brussels Bar, Belgium, 1993

Academic

Tax Sciences Degree, Fiscale Hogeschool Brussels (EHSAL), 1994

Law Degree, KU Leuven, 1993

Languages

Dutch, English, French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.