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Tax audit without travel

Tax audit without travel

January 2022 – A tax audit primarily involves the tax authorities coming to the taxpayer's home to look at the books. The tax authorities may take copies, but they must come to you. A new law now allows the tax authorities to carry out audits without having to come to you. A law of mid-2021 adds a new paragraph to Article 315bis of the Income Tax Code 1992: "Without prejudice… ⟶

Filling up with electricity at the employer's expense

Filling up with electricity at the employer's expense

January 2022 – Employees who are provided with a company car by their employer are taxed on a benefit in kind. This benefit is based on the catalogue value of the vehicle. The additional provision of a fuel card by the employer does not affect this benefit. But what if the employee "fills up" with electricity at the employer's expense? ⟶

What is the vaccination rate in your company?

What is the vaccination rate in your company?

December 2021 – On 17 September 2021, the Consultation Committee (a body in which representatives of the federal and regional governments discuss their corona plans) decided to allow employers to find out the vaccination rate of their employees. The legal framework was defined at the federal level and immediately implemented in Flanders. The vaccination… ⟶

Social liabilities: clarification from the tax authorities

Social liabilities: clarification from the tax authorities

December 2021 – A single status for blue-collar and white-collar workers was introduced in 2013. This measure aimed to harmonise the status of these two categories of workers with regard to notice periods and the waiting day. The introduction of this status has led to an increase in costs for employers wishing to dismiss a worker. The social liability exemption helps to offset… ⟶

Reform of Flemish registration fees

Reform of Flemish registration fees

December 2021 – In its September statement, the Flemish Government announced a significant reduction in registration fees, at least for first-time home buyers. However, this rate reduction is offset by an increase in registration fees due in other situations. From 1 January 2022 onwards, if you buy your own freehold home in the Flemish Region, you will only have to pay 3% (instead of the current 6%) in registration duty. ⟶

Will the tax shelter for video games finally come into force?

Will the tax shelter for video games finally come into force?

December 2021 – On 29 March 2019, the tax shelter regime for the video game industry was cast in a law that has not yet come into force. Europe had expressed several reservations about the Belgian law. The requested changes should nevertheless be made quickly thanks to a recent bill. Belgium already applies a tax shelter for companies that invest in the production... ⟶

Dwelling used solely as a tax residence

Dwelling used solely as a tax residence

December 2021 – The term "own dwelling" refers to the family home occupied by the taxpayer. The real estate income from a dwelling of your own (the cadastral income) is exempt. However, this exemption does not apply if you do not personally occupy the dwelling. There is an exception to this rule which, although it is no longer provided for by law, is still applied in practice, at least in… ⟶

Subsidies for cybersecurity investments

Subsidies for cybersecurity investments

December 2021 – Since 1 January 2021, Flanders has been providing a subsidy for so-called cybersecurity improvement projects. During such a journey, the company can count on the assistance of an approved service provider to improve its security. In September 2021, a 'basic version that everyone can understand' was presented. The Cybersecurity Improvement… ⟶

Trustee may ignore discharge of directors

Trustee may ignore discharge of directors

December 2021 – If a director commits a breach of the law, he or she may be held personally liable for the damage caused. The company may grant him a discharge in this respect, in which case the director's liability is, so to speak, covered, at least vis-à-vis the company. But is the receiver considered a third party or does he represent the company? ⟶

Is the imposition of a fine and a tax increase a double penalty?

Is the imposition of a fine and a tax increase a double penalty?

December 2021 – Tax legislation provides for a large number of obligations which, in the event of non-compliance, can be enforced by means of sanctions, seizures, forced executions, etc. Sanctions may be administrative (tax increases) or criminal (fines). But the combination of these two types of sanctions is also possible! Isn't this a question of double punishment and… ⟶

The Central Balance Sheet Office gets a makeover in 2022

The Central Balance Sheet Office gets a makeover in 2022

December 2021 – From January 2022, the Central Balance Sheet Office, part of the National Bank of Belgium (NBB), will make changes that may affect the way you file your annual accounts. Paper filings will no longer be possible and the online procedure will be simplified. New access procedures are planned. At present, it is only possible to log in using an identity card... ⟶

The e-signature

The e-signature

November 2021 – The electronic signature is an integral part of our society. You may even use it without being aware of it. But one electronic signature is not the other... A few words of explanation. The term electronic signature or e-signature is in fact the generic term used to designate a legal process in which the parties reach an agreement electronically, for example. The eIDAS Regulation, a European… ⟶

Commercial lease: revision

Commercial lease: revision

November 2021 – The law on commercial leases allows both the lessor and the lessee to request a revision of the rent when the circumstances justify it. A case was brought before the Justice of the Peace in Antwerp which illustrates the limits of this right. The right to request a rent review is contained in article 6 of the Commercial Tenancies Act. This section reads as follows: At the end of each three-year…

Tax authorities speak out on negative interest

Tax authorities speak out on negative interest

November 2021 – For some time now, interest rates have been so low that investors have to pay to invest their money. What does the taxman think about this negative interest? There are two aspects to negative interest. The first is the withholding tax (roerende vorheffing/précompte mobilier). If the bank pays you interest on the money you put into an account, in... ⟶

Rental: a verbal agreement is also valid

Rental: a verbal agreement is also valid

November 2021 – "Verba volant, scripta manent". This Latin adage means: words fly, writings remain. The principle is sound in many respects, but in the case of contracts you should not lose sight of the fact that words can also have lasting consequences. Two parties are negotiating about the potential rental of a house. They quickly agree on the conditions, but the signing of the... ⟶

Liquidation reserve: what is meant by five years?

Liquidation reserve: what is meant by five years?

November 2021 – When a company distributes a dividend, it is liable for a withholding tax (roerende vorheffing/précompte mobilier) of 30% on the amount distributed. SMEs can avoid this withholding tax by reserving their profits (liquidation reserve). An advance levy of 10% is then due immediately, but no further tax is due when the company is liquidated. ⟶

IFRS 16: Leases and Covid-19

IFRS 16: Leases and Covid-19

November 2021 – The new IFRS 16 for leases became applicable in Europe on 1 January 2019. This standard requires lessees to capitalise their lease liabilities on their balance sheet. If a lessee now receives rent relief to overcome the Covid-19 pandemic, this will in principle also have an impact on its accounting. But we are not there yet. As of 1 January 2019, there is in principle only one standard in force for the correct… ⟶

Exemption from payment of the withholding tax on income for research and development

Exemption from payment of the withholding tax on income for research and development

November 2021 – For some years now, the legislator has been using the withholding tax on earned income (bedrijfsvoorheffing/précompte professionnel) to support employers in making investments that generate employment. The employer withholds the withholding tax, as he usually does, but he only has to pay part… ⟶