August 2021 – Since 9 April 2021, workers can claim a leave of absence to leave work and go for a vaccination. A typical feature of short-time working is that the employer must continue to pay the salary as normal. What are the conditions? The leave of absence is derived from Article 30, § 1 of the Employment Contracts Act. This article states that… ⟶
Collaborative economy: the new tax regime
August 2021 – After the Constitutional Court annulled the regime of "complementary tax-exempt activities" at the end of 2020, a new specific tax regime has been introduced for services (and thus not for the sale of goods) that a private individual provides to another private individual through an approved electronic platform. In the course of… ⟶
Company cars: the benefit will never decrease again
August 2021 – The calculation of the benefit in kind for the company car depends, among other things, on the CO2 emission of the vehicle in relation to the 'average emission of the Belgian car fleet'. This average emission has increased in 2018 and 2019, so that the benefit has decreased. Due to a new law, the benefit will no longer decrease. ⟶
Reinvesting in shares: exceptionally possible
August 2021 – If, as an entrepreneur (natural person or company), you realise capital gains on professional assets, these capital gains are generally taxable as professional income. But exemptions are possible, for example, if you reinvest the capital gain in other assets. Shares are not eligible for reinvestment... or are they? ⟶
Should the new director pay for the mistakes of his predecessors?
August 2021 – You accept a directorship in a company with a successful past. Or so you thought, because soon afterwards you discover skeletons in the closet. Or worse: you are hired as the person who will get the company back on track. Don't you risk having to pay for the mistakes and debts of the past? ⟶
Employer's PC or smartphone: the taxman's attitude to accessories
August 2021 – If you make equipment available to your employees so that they can work, there are two possibilities. Either the tax authorities consider it as an employer's own expense (in which case it is not taxable in the context of the work), or they consider it as a benefit in kind (in which case it is obviously taxable). PCs and smartphones fall… ⟶
Tax reductions: there is no shortage of possibilities
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. ⟶
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... ⟶