Q1 - 2022

The recovery reserve

The recovery reserve

March 2022 – The recovery reserve was introduced at the end of 2020 as part of the fight against the consequences of the coronavirus crisis. The legislator's intention is to strengthen the solvency and equity capital of companies affected by the crisis. The law on this recovery reserve was commented on by the tax authorities in mid-January. Companies have the… ⟶

Attempted theft can lead to dismissal for serious reasons

Attempted theft can lead to dismissal for serious reasons

March 2022 – Dismissal for serious reasons is an important decision. It follows a misconduct by the employee that ruins the trust placed in him by the employer and leads to the termination of the employment relationship without notice or compensation. No proportionality is required between the extent of the damage on the... ⟶

New thresholds for attachment or assignment from 1 January

New thresholds for attachment or assignment from 1 January

March 2022 – If an employee has debts, a creditor may approach his or her employer and ask him or her to pay part of the salary directly, without going through the employee. However, this attachment is subject to thresholds, which are indexed each year. Traditionally, a distinction is made between... ⟶

Remuneration ceilings: what are they and what purpose do they serve?

Remuneration ceilings: what are they and what purpose do they serve?

March 2022 – The application of certain labour law provisions depends on the remuneration of the employees concerned and on certain remuneration ceilings. These salary ceilings are adjusted annually. The amounts referred to in this article are the amounts for 2022. In which situations are earnings… ⟶

Renovation work on private dwellings: no VAT certificate

Renovation work on private dwellings: no VAT certificate

March 2022 – A private individual who renovates an older house can, under certain conditions, benefit from a reduced VAT rate. The client must usually confirm to the contractor that the house is sufficiently old. The contractor then issues a certificate to the client for the application of the reduced rate. This certificate will no longer… ⟶

Company cars: benefit in kind 2022

Company cars: benefit in kind 2022

March 2022 – When an employer provides a company car to an employee or a company director, the employee or company director 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 2021, this average emission has fallen and your... ⟶

Employer's energy budget: no pasarán

Employer's energy budget: no pasarán

March 2022 – Last year, a major energy supplier suggested a fiscal engineering that allowed employers to offer free heating or free electricity to their employees. The employee was taxed on this benefit, but the tax base was much lower than the real value of the benefit. But the Minister of Finance recently objected. When an employer grants a… ⟶

A staff party in the age of the coronavirus

A staff party in the age of the coronavirus

March 2022 – For the past two years, virologists have strongly advised against the organisation of parties. In most cases, the government has put this advice into practice by banning large physical gatherings. Online parties were not - and still are not - as user-friendly, but they are allowed. What about tax? ⟶

What will it cost to file annual accounts in 2022?

What will it cost to file annual accounts in 2022?

March 2022 – In the first half of December, the National Bank of Belgium usually publishes the rates applicable for the publication of annual accounts for the following year. These rates are linked to the consumer price index, so that filing annual accounts will cost a few euros more in 2022 than in 2021. There are three mod… ⟶

Green mobility

Green mobility

March 2022 – The law organising the fiscal and social greening of mobility was published in the Belgian Official Journal on 3 December 2021. Even though some of the provisions will not come into force for a few years, it is important to take action in good time. The law consists of five main parts. The first part aims to encourage employers to green the cars they provide for their staff. ⟶

Less Flemish inheritance tax on "vriendenerfenis"

Less Flemish inheritance tax on "vriendenerfenis"

February 2022 – In mid-2021, Flanders introduced the 'vriendenerfenis' (friend inheritance). This technique allows you to leave part of your estate to non-family members or 'distant' relatives, without the taxman taking the lion's share. If you are making a will because you want to benefit certain people.... ⟶

Further relaxation of the rules on the assessment of secret commissions

Further relaxation of the rules on the assessment of secret commissions

February 2022 – If a company does not declare to whom it has paid certain sums, it must itself pay tax on these payments. This tax is not insignificant, but there are ways to avoid it. A new loophole was added to the list in mid-2021. As a company, if you pay a salary, a fee, a commission, etc… ⟶

Housing at the company's expense... sometimes yes, sometimes no

Housing at the company's expense... sometimes yes, sometimes no

February 2022 – The case law is not unequivocal: when a company owns a house and this house is used solely or mainly as accommodation for the manager, are the costs for this house deductible? The Court of Ghent recently ruled no, but at almost the same time the Court of Appeal of Ghent ruled yes. A man and a woman have... ⟶

"Kot for rent". With or without VAT?

"Kot for rent". With or without VAT?

February 2022 – Why charge VAT on the rental of student rooms? To be able to deduct the VAT paid on the construction (or refurbishment) of these rooms. At the end of 2020, an investor obtained a ruling that allowed him to charge VAT and thus also deduct VAT on the investment and maintenance. However, the legislator objected to this. ⟶

Liquidation reserve and shareholder-company

Liquidation reserve and shareholder-company

February 2022 – The liquidation reserve allows the entrepreneur who carries out his activity as a company to build up savings which he can distribute tax-free when the company is wound up. However, this tax exemption is not available to shareholders who are themselves in the form of a company. However, a solution does exist. ⟶

VAT on transport services when exporting goods

VAT on transport services when exporting goods

February 2022 – The sale of goods is in principle subject to VAT. The export of goods is one of the main exceptions to this principle. Export in this context means export outside the European Union. Transport services in the context of such export may also be exempt. But there will be some changes from 1 April 2022. ⟶

Foreign self-employed persons with a professional card in Flanders

Foreign self-employed persons with a professional card in Flanders

February 2022 – Since 1 January 2022, non-EU nationals wishing to establish themselves as self-employed persons in Flanders have been subject to new regulations regarding their professional card. The old regulations of 1965 continue to apply in the other Regions. According to the federal regulation a business card is required when… ⟶

Withholding tax in case of shift and night work

Withholding tax in case of shift and night work

February 2022 – The conditions and modalities of the exemption from payment of the withholding tax on earned income (Pr. P.) in case of shift and night work are regularly discussed. In a circular dated mid-November, the tax authorities give their opinion on the one-third standard: from now on, this standard must always be calculated on an… ⟶

Transferring a family business in the age of the coronavirus

Transferring a family business in the age of the coronavirus

February 2022 – When transferring a family business, you can avoid inheritance or gift tax if a number of conditions are met. One of these conditions is that the business must continue without interruption, which was not evident during the coronavirus crisis. Can you expect any help from the Minister? A donation of a business is in principle subject... ⟶

Custody: working time or not?

Custody: working time or not?

February 2022 – Does 'on-call' count as working time? This question was submitted to the Court of Justice of the European Union in mid-November 2021 in relation to the on-call duty of a firefighter. This was not the first time, as the Court had already been asked to rule on the issue in March 2021. The conclusion: simply being on call can also be considered as work. ⟶