Investment deduction for the tax year 2022:
what percentage are you entitled to?
June 2021 – At the end of 2020, the legislator increased the standard rate of the investment allowance from 8% to 25% for fixed assets acquired or created between 12 March 2020 and 31 December 2022. The standard rate is therefore higher than the "increased rate". What is the applicable rate?
The overview of investment allowance rates is more complex than ever. The reason? The pandemic. To encourage investment, the government decided in mid-2020 to increase the investment allowance to 25% for investments acquired or made between 12 March 2020 and the end of the year. For the period until 11 March 2020, the standard rate was 8%. At the end of December, the government extended this measure until the end of 2022.
In addition to the standard rate, there are all kinds of special rates. Digital investments or investments in security, for example, benefit from an investment deduction of 13.5% and 20.5% respectively. This is more advantageous than 8%... but less than 25%.
The administration has made it clear that for these 'special' investments with a 'special rate' you can still apply the standard rate.
What does this mean for the investment deduction for investments made during the tax period relating to the tax year 2022?
One-off deduction - Natural persons
For investments that relate to the 2022 tax year, but were acquired or established between 1 January 2020 and 11 March 2020:
● patents, investments for environmentally friendly research and development, energy-saving investments, air extraction or purification systems in horeca establishments: 13.5% ;
● digital investments, provided that the natural person is considered an SME within the meaning of the CSA (Companies and Associations Code): 13.5%;
● investments in security: 20.5%;
● other investments: 8%.
For investments that relate to the 2022 tax year and were acquired or established on or after 12 March 2020, the rates are as follows:
● patents, investments for environmentally friendly research and development, energy-saving investments, air extraction or purification systems in horeca establishments: 25% ;
● digital investments, provided that the natural person is considered an SME within the meaning of the SCA: 25%;
● investments in security: 25%;
● other investments: 25%.
Single deduction - All companies (regardless of size)
Companies benefit from the following investment deductions:
● patents, investments for environmentally friendly research and development, energy-saving investments, air extraction or purification systems in horeca establishments: 13.5% ;
● investments encouraging the reuse of containers for beverages and industrial products: 3%.
Companies that have opted for the research and development tax credit cannot combine it with the investment deduction for patents and for investments in environmentally friendly research and development. The company must therefore choose one or the other.
Single deduction - SMEs
In addition to the above investment deduction, companies that are considered SMEs within the meaning of the CSA (Companies and Associations Code) can also benefit from the following deductions:
For investments that relate to the 2022 tax year, but were acquired or established between 1 January 2020 and 11 March 2020:
● patents, investments for environmentally friendly research and development, energy-saving investments, air extraction or purification systems in horeca establishments: 13.5%;
● digital investments: 13.5%;
● investments in security: 20.5%;
● all other investments: 8%.
For investments that relate to the 2022 tax year and that were acquired or constituted as from 12 March 2020, the rates are as follows:
● patents, investments in environmentally friendly research and development, energy-saving investments, air extraction or purification systems in horeca establishments: 25%; - digital investments: 25%; - other investments: 25%;
● digital investments: 25 % ;
● investments in security: 25%;
● all other investments: 25%.
One-off deduction - Companies collecting profits exclusively from shipping
These companies benefit from an investment deduction of 30% on investments in ships.
Staggered deduction
If, on the first day of the taxable period relating to the tax year 2022 (if you keep your accounts by calendar year, this is 1 January 2021), you (as a natural person) employ fewer than 20 workers, you may, if you wish, spread the investment deduction for investments in this taxable period over the depreciation period of these fixed assets. In this case, the investment deduction for these fixed assets is equal to 10.5% of the depreciation allowed for each taxable period of this period.
The staggered deduction even amounts to 20.5% of the depreciation on environmentally friendly research and development investments acquired or made during the taxable period. This applies to both natural and legal persons.
These rates therefore remain the same as in previous years.
Application for certificates
A certificate for environmentally friendly research and development investments can be obtained, depending on the location of the investment, from
● the Flemish Region: Vlaamse Overheid, Departement Omgeving - Afdeling Partnerschappen met besturen en maatschappij, Bâtiment Comte de Ferraris, Boulevard du Roi Albert II 20 boîte 8, 1000 Brussels, tel. 0492 22 58 11 (new), e-mail: attest-OenO.omgeving@vlaanderen ;
● the Walloon Region: Service Public de Wallonie, Direction générale opérationnelle Agriculture, Ressources naturelles et Environnement, Chaussée de Louvain 14, 5000 Namur, tel. 081/64.94.70 or 081/64.96.97, e-mail: jonas.nunesdecarvalho@spw.wallonie.be www.environnement.wallonie.be ;
● Brussels-Capital Region: Brussels Environment, Tour & Taxis-site, Avenue du Port 86/C3000, 1000 Brussels, tel. 02/775.75.75, www.environnement.brussels.
A certificate for energy-saving investments can be obtained, depending on the location of the investment, from
● the Flemish Region: Vlaamse Overheid, Vlaams Energieagentschap, Bâtiment Comte de Ferraris, Boulevard du Roi Albert II 20 boîte 17, 1000 Brussels, tel. 02/553.46.00, e-mail: investeringsaftrek.veka@vlaanderen.be, www.energiesparen.be;
● the Walloon Region: Service Public de Wallonie, Direction générale opérationnelle Aménagement du Territoire, Logement, Patrimoine et Énergie, Département de l'Énergie et du Bâtiment durable, Rue des Brigades d'Irlande, 1, 5100 Jambes, tel. 081/33.25.44 or 081/48.63.11, e-mail: energie@spw.wallonie.be, www.energie.wallonie.be;
● Brussels-Capital Region: Brussels Environment, Tour & Taxis-site, Avenue du Port 86/C3000, 1000 Brussels, tel. 02/775.75.75, www.environnement.brussels.
