March 2021 – Anyone who turns his hobby (which has become too big) into an independent activity to be able to deduct losses from other income must be careful. Thanks to the datamining, the tax authorities identify companies that are permanently in deficit and, after control, reduce the loss of the activity to zero. ⟶
A director's mandate... to have enough members
March 2021 – Being a director of a company or a ASBL/VZW has legal consequences, even if you only exercise this mandate pro forma or as a service to a friend. The Court of Cassation confirms that an individual director is required to supervise co-directors, even if this was not the real purpose of his mandate. ⟶
New support measure: exemption from payment of withholding tax for worker training
A transaction with the tax authorities is not deductible as a business expense
March 2021 – In 2014, the tax authorities conclude an agreement with a company and the directors of this company concerning the payment of the tax evaded. In addition to the taxes, the company pays a transactional amount. The Income Tax Code prohibits the deduction of fines. But does a transactional fine constitute such a non-deductible fine? ⟶
How to correct annual accounts?
March 2021 – The possibility to rectify annual accounts has in fact only been enshrined in law with the new Code of Companies and Associations (CSA). In mid-2020, the CNC has adapted its old notice (from 2014) to this new legal framework. There are two different ways of correcting or amending approved annual accounts. ⟶
The tax authorities can access the balance of your bank account
Selling price too low: taxation on the part of the buyer?
March 2021 – Mr X buys a house from company A, in which his father was a shareholder. According to the tax authorities, the house was sold at a price lower than its real value. The taxman therefore wants to tax the advantage to X as miscellaneous income. The Brussels court called the tax authorities to order. ⟶
Extension of the period of validity of meal vouchers and other cheques
The digital general meeting of your company
March 2021 – At the end of March 2020, at the beginning of the coronavirus crisis, the government had proposed a temporary solution for company general meetings. On the one hand, they were generally postponed and on the other hand, they could be held digitally. At the end of 2020, the legislator drew up a more definitive solution. ⟶
Thresholds of remuneration applicable for attachment or assignment
Purchase price on a blocked account: posting
Corona commercial lease loans
Notional interest deduction rates for the 2021 and 2022 tax years
Company cars: benefits of all kinds in 2021
February 2021 – Where an employer makes a company car available to an employee or a manager of an undertaking, that employee or manager is taxed on the resulting benefit. The calculation of the benefit depends, among other things, on the CO2 emission of the vehicle in relation to the average emission of the Belgian car fleet. In 2020, after two years of increase, this average emission has gone down again. This is good news for the climate, but not so good news for your wallet. ⟶
Donation via the Netherlands now less attractive
February 2021 – A law published in the Moniteur belge of 11 December 2020 introduced a new obligation to register donations of movable property via a foreign notary, thus closing what has come to be known as the "cheese route" (in Dutch, "de kaasroute"). However, it is still possible to choose the route with the least restrictions. ⟶
Indexation suspended in tax matters
When is remuneration paid?
February 2021 – The Income Tax Code (CIR) provides that the remuneration of company directors is taxable at the time it is allocated or awarded. As for withholding tax, the law stipulates that it must be withheld at the time salaries are paid or allocated. The Court of Appeal of Liège recently gave some words of explanation regarding the notions "attribute", "allocate" and "pay". ⟶
Filing annual accounts will cost a little more again
Deduction of costs for requested deposit
February 2021 – If you act as guarantor for a bank loan to your company, you can, if the bank asks you to pay the loan, deduct this charge as a business expense. You must, however, have earned income from the company. The Court of Appeal is relatively flexible with regard to compliance with this condition. ⟶
Belgium-France tax treaty: soon the end of double taxation of dividends?
February 2021 – Belgian residents who receive dividends of French origin are subject to Belgian withholding tax and French withholding tax. This is not unusual. This is also the case for other dividends of foreign origin. However, the Franco-Belgian double taxation treaty provides for a tax reduction... and the Belgian tax authorities refused to apply it. The Court of Cassation called the tax authorities to order. ⟶