September 2021 – At the beginning of July, the CNC (french accounting standards committee) issued an opinion on the accounting treatment of mergers between companies. This clarification was necessary after the abolition of the notion of capital for cooperative and limited liability companies in the Companies and Associations… ⟶
Tax exemption for Covid-19 compensation in 2021 too
September 2021 – Shortly after the start of the coronavirus crisis in March 2020, various authorities enacted measures at a rapid pace to help companies survive their mandatory closure. In order to prevent the financial support of the regions, communities, provinces or municipalities from ending up partly in the federal treasury, these… ⟶
Inheritance tax on foreign assets and its compensation
September 2021 – When a Belgian resident dies, inheritance tax (in the Flemish Region) or inheritance tax (in the other two Regions) is due on all the deceased's assets, whether they are in Belgium or abroad. However, the Constitutional Court has observed a discrimination between foreign movable property and foreign immovable… ⟶
Recent news: the central register of economic indicators
September 2021 – In order to detect companies in difficulty more quickly, the Minister of Justice introduced a new register at the beginning of July: the central register of economic indicators. This register is intended to enable the company courts to react more quickly, or even proactively, when things are likely to go wrong. In this way, the... ⟶
Covid-19 allowances: how to treat them in the accounts?
September 2021 – In recent months, many companies have received assistance from the federal and regional authorities. In order to be able to resume their activities after the mandatory closure period, they have also had to incur additional costs. How should compensation and additional costs be treated in the accounts? A recent opinion of the… ⟶
New record obligation for employer's own expenses
September 2021 – The reimbursement of employer's own expenses is being regulated more and more strictly. At the beginning of 2021, the tax authorities described the limits of the tax exemption for various reimbursements in even more detail. From 1 January 2022, the employer must also inform the tax authorities how he pays the… ⟶
Ten-year plan for green mobility
September 2021 – At the end of May, the Minister of Finance received the green light (!) from the government for a thorough reform of the tax deductibility of private cars for professional use. Fossil fuel cars are being pushed out, but for electric cars too, the deductibility will be limited. The government has given itself a decade to achieve this. First point: which cars are involved? ⟶
Companies: an update on online incorporation
September 2021 – A recent law opens the door to online incorporation of companies. You have a company in five days. That's what the minister promises in the preparatory work... The trick is simple: you still have to go through the notary, but the deed of incorporation for legal persons can now also be dematerialised. This will speed up… ⟶
Flat-rate mileage allowance from 1 July 2020 to 30 June 2022
September 2021 – The amount of the mileage allowance for federal civil servants who travel with their own vehicle is traditionally communicated shortly before 1 July. However, this announcement also concerns accountants and tax advisers, as the amount of this allowance is also relevant for tax purposes. If, as an employer, you ask your employee… ⟶
The importance of reliable time recording
September 2021 – Whose burden of proof is it with regard to overtime? If the employer does not have a tool that allows him to reliably record the daily working time, he must, according to the Brussels Labour Court, prove that the employee did not work the hours he claims. In 2016, a woman was fired. The amount of her severance pay, and more… ⟶
Accounting treatment of the reconstitution reserve
August 2021 – The CNC has published an opinion on the accounting treatment of the replenishment reserve. The replenishment reserve is one of the main measures to help companies recover from the pandemic. What does it mean in practice? The replenishment reserve allows companies to restore their solvency position. ⟶
Research and development: the fiscal role of Belspo
August 2021 – The exemption from the payment of the withholding tax on earned income (Pr.P.) for research and development is particularly important in attracting companies that wish to invest in new technologies. But what activities actually fall under the concept of "research and development" (R&D for short)? The… ⟶
Access to a mobile phone or PC in the context of a criminal investigation
The burden of proof in cases of dismissal after incapacity for work
August 2021 – An employee is unable to work due to a miscarriage. On the day of her return, the employer dismisses her on the grounds that the company is reorganising. The employee goes to court, claiming that she was dismissed because she was unable to work due to the miscarriage. The young woman had previously communicated her desire… ⟶
Going to the vaccination centre during working hours
August 2021 – Since 9 April 2021, workers can claim a leave of absence to leave work and go for a vaccination. A typical feature of short-time working is that the employer must continue to pay the salary as normal. What are the conditions? The leave of absence is derived from Article 30, § 1 of the Employment Contracts Act. This article states that… ⟶
Collaborative economy: the new tax regime
August 2021 – After the Constitutional Court annulled the regime of "complementary tax-exempt activities" at the end of 2020, a new specific tax regime has been introduced for services (and thus not for the sale of goods) that a private individual provides to another private individual through an approved electronic platform. In the course of… ⟶
Company cars: the benefit will never decrease again
August 2021 – The calculation of the benefit in kind for the company car depends, among other things, on the CO2 emission of the vehicle in relation to the 'average emission of the Belgian car fleet'. This average emission has increased in 2018 and 2019, so that the benefit has decreased. Due to a new law, the benefit will no longer decrease. ⟶
Reinvesting in shares: exceptionally possible
August 2021 – If, as an entrepreneur (natural person or company), you realise capital gains on professional assets, these capital gains are generally taxable as professional income. But exemptions are possible, for example, if you reinvest the capital gain in other assets. Shares are not eligible for reinvestment... or are they? ⟶
Should the new director pay for the mistakes of his predecessors?
August 2021 – You accept a directorship in a company with a successful past. Or so you thought, because soon afterwards you discover skeletons in the closet. Or worse: you are hired as the person who will get the company back on track. Don't you risk having to pay for the mistakes and debts of the past? ⟶
Employer's PC or smartphone: the taxman's attitude to accessories
August 2021 – If you make equipment available to your employees so that they can work, there are two possibilities. Either the tax authorities consider it as an employer's own expense (in which case it is not taxable in the context of the work), or they consider it as a benefit in kind (in which case it is obviously taxable). PCs and smartphones fall… ⟶