July 2021 – The various governments in the country offer us various tax reductions for certain expenses. The list is quite long... and has grown even longer in the wake of the coronavirus crisis. You may only receive one tax assessment, but you actually pay your taxes partly to the federal government and partly to the regions. ⟶
VAT: 6% on all restaurant and catering services
July 2021 – One of the measures adopted by the federal government to help businesses recover from the Covid-19 crisis is the temporary reduction of VAT to 6% for restaurant and catering services. And this measure goes further than you might think. The rate reduction was introduced by a Royal Decree of 27 April 2021, published… ⟶
Alternatives to the "Kaasroute" for donations
July 2021 – Since 15 December 2020, donations made through a foreign notary must be registered in Belgium. Donation duties are therefore due in Belgium. Although the fees of the Dutch notary are often lower than those of the Belgian notary, it may no longer be worth it. Is there no alternative? First of all, it should be pointed out that… ⟶
Contribution in kind without issue of new shares
July 2021 – July 2021 – Can a contribution in kind to a limited liability company be made without issuing new shares? In 2013, the Institute of Company Auditors (IRE) took the view that it could not. But since then, the law has changed and the IRE has also been forced to review its position. When, in 2012 - 2013, the IRE was… ⟶
Secret commissions: how long for identification?
July 2021 – If a company does not identify the recipient of an expense it has made, it will incur a secret commission assessment. It can avoid this assessment by identifying the beneficiary "no later than two years and six months after the first of January of the relevant tax year". The Antwerp Court of Appeal provides further details… ⟶
The allocation of holiday pay
July 2021 – Employees build up their holiday pay in the year before their holidays. If they change employer, this holiday pay must be paid. The rules for charging this holiday pay to the new employer are about to change. When an employee changes employer, he or she will receive the holiday pay that he or she has built-up up to that date directly (this is the exit holiday pay). ⟶
Breach of contract and VAT
July 2021 – Compensation for damages is not subject to VAT. VAT is only due on the price paid for the supply of goods or services. Compensation for damage is not included in this... or at least not always. The instructions of the tax authorities are clear: "Compensation for damage actually suffered is not (...) the consideration for a taxable transaction. This compensation is limited to… ⟶
The obligation to disclose major shareholdings
July 2021 – The Companies and Associations Code (CSA) provides for a disclosure obligation for persons who directly or indirectly acquire dematerialised securities conferring voting rights in a public limited company. A recent opinion of the Institute of Company Auditors (IRE) clarifies this obligation. ⟶
15% withholding tax on interim and final dividends?
July 2021 – In principle, dividends are subject to a withholding tax (Précompte Mobilier/Roerende Vorheffing) of 30%. However, there are various reduced rates, especially for dividends from so-called VVPR-bis shares. The tax authorities recently announced that interim dividends and dividends on VVPR-bis shares are… ⟶
The employee pays for his company car: multiple consequences
July 2021 – When an employee is provided with a company car, he is taxed on a benefit in kind. If the employee pays a contribution for this company car, this contribution is deductible from the benefit. However, it would appear that the costs that the employee personally pays are not deductible from the taxable benefit. ⟶