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. ⟶
VAT on international e-commerce from 1 July 2021
June 2021 – The VAT regime applicable to international e-commerce will change radically on 1 July 2021. From that date onwards, the seller will almost always have to apply the VAT regime of the country of the individual customer. To avoid having to file a return in all EU Member States, you can register for the One Stop Shop… ⟶
Digital general meetings: a new era
June 2021 – In 2020, when the pandemic broke out, the then Minister of Justice took emergency measures allowing general meetings to be postponed and held remotely. At the end of December 2020, a more solid legal framework was created for these digital general meetings. The pandemic is no longer a valid reason for postponement. The main consequence... ⟶
Rates and payment deadline for the 2021 company contribution
June 2021 – The annual company contribution for the social status of the self-employed is a social contribution that companies have to pay in order to finance pensions and health insurance for the self-employed. What are the rates for 2021? The contribution is payable by all companies subject to income tax in Belgium, whether Belgian... ⟶
Corona Tax Shelter for the acquisition of new shares in SMEs: second edition
A new tax benefit for rent waivers
June 2021 – At the beginning of April, a new tax benefit was introduced which should encourage owners of commercial properties to grant a rent waiver to their tenants. However, the advantage is not very significant and will therefore not be a major argument for granting a rent waiver. This Covid-19 measure is specifically aimed at traders who have been affected by the lockdown. ⟶
Investment deduction for the tax year 2022: what percentage are you entitled to?
Rent remittance: what about VAT?
June 2021 – The optional VAT liability regime for property rentals came into force on 1 January 2019. In certain cases, the landlord and tenant can make the lease agreement for new buildings used for business purposes subject to VAT, so that VAT can be deducted. But what if the rent is remitted? A new scheme was introduced at the end of 2018 which allows entrepreneurs to... ⟶
Important corona VAT measures
June 2021 – Three important VAT measures designed to give entrepreneurs a breath of fresh air were published in the Belgian Official Gazette on 31 March. The changes concern the December advance payment, the refund threshold and the proportional fine for late payment. Until now, every VAT taxable person had to pay an advance payment of VAT in December, which in... ⟶