A competitor also has an interest in an environmental permit

A competitor also has an interest in an environmental permit

October 2021 – A Dutch company wants to set up in Belgium. Its Belgian competitors, who do not approve of its arrival, file a complaint against the environmental permit. According to the Permit Dispute Board (PAB), a competitive disadvantage does not constitute a sufficient interest for such a complaint. The Constitutional Court disagrees. A Dutch catering wholesaler wants to set… ⟶

Recovery hours: social agreement

Recovery hours: social agreement

October 2021 – The social agreement of June contains, among other things, an agreement on the so-called recovery hours. These are voluntary overtime hours that can be worked in addition to the normal quota and without extra pay. The granting of 120 hours of voluntary overtime was already possible in 2021 for the so-called essential sectors. The list of these essential sectors is contained in the Corona Decree… ⟶

Floods: tolerances for donations and VAT

Floods: tolerances for donations and VAT

October 2021 – Donations are only tax deductible if a number of conditions are met. However, in the context of the floods that hit our country on 14 July 2021, the Minister of Finance has provided for some relaxations. But there are basic rules that must be respected in all cases. First of all, it should be pointed out that donations have not been tax-deductible for individuals for several… ⟶

The consumption voucher becomes a corona bonus

The consumption voucher becomes a corona bonus

October 2021 – In mid-2020, the government launched the consumption voucher. Employers could grant a bonus to their employees, free of tax and social security contributions, up to a maximum amount of 300 euros. A year later, the government is proposing a new edition of this bonus (now called the "corona bonus"), but is also forced to make some changes to the consumption voucher. ⟶

The coefficient of revaluation of cadastral income for 2021

The coefficient of revaluation of cadastral income for 2021

October 2021 – The coefficient of revaluation of cadastral income (in short RC) is relevant for an entrepreneur in two specific situations: when, as a private individual, he rents a dwelling to a company and when, as a company director, he rents a dwelling to his own company. The RC of buildings is the estimated annual rent of these buildings. "Originally (in the 1960s and… ⟶

Remission of residual debts in bankruptcy: the deadline matters

Remission of residual debts in bankruptcy: the deadline matters

October 2021 – Provided a number of conditions are met, the court can grant a remission of residual debts to a bankrupt entrepreneur to enable him to make a fresh start. However, the entrepreneur has only three months in which to submit his application. After this period, no further remission can be granted. The Constitutional court considers this deadline to be very… ⟶

The CNC takes stock of mergers between companies

The CNC takes stock of mergers between companies

September 2021 – At the beginning of July, the CNC (french accounting standards committee) issued an opinion on the accounting treatment of mergers between companies. This clarification was necessary after the abolition of the notion of capital for cooperative and limited liability companies in the Companies and Associations… ⟶

Tax exemption for Covid-19 compensation in 2021 too

Tax exemption for Covid-19 compensation in 2021 too

September 2021 – Shortly after the start of the coronavirus crisis in March 2020, various authorities enacted measures at a rapid pace to help companies survive their mandatory closure. In order to prevent the financial support of the regions, communities, provinces or municipalities from ending up partly in the federal treasury, these… ⟶

Inheritance tax on foreign assets and its compensation

Inheritance tax on foreign assets and its compensation

September 2021 – When a Belgian resident dies, inheritance tax (in the Flemish Region) or inheritance tax (in the other two Regions) is due on all the deceased's assets, whether they are in Belgium or abroad. However, the Constitutional Court has observed a discrimination between foreign movable property and foreign immovable… ⟶

Recent news: the central register of economic indicators

Recent news: the central register of economic indicators

September 2021 – In order to detect companies in difficulty more quickly, the Minister of Justice introduced a new register at the beginning of July: the central register of economic indicators. This register is intended to enable the company courts to react more quickly, or even proactively, when things are likely to go wrong. In this way, the... ⟶

Covid-19 allowances: how to treat them in the accounts?

Covid-19 allowances: how to treat them in the accounts?

September 2021 – In recent months, many companies have received assistance from the federal and regional authorities. In order to be able to resume their activities after the mandatory closure period, they have also had to incur additional costs. How should compensation and additional costs be treated in the accounts? A recent opinion of the… ⟶

New record obligation for employer's own expenses

New record obligation for employer's own expenses

September 2021 – The reimbursement of employer's own expenses is being regulated more and more strictly. At the beginning of 2021, the tax authorities described the limits of the tax exemption for various reimbursements in even more detail. From 1 January 2022, the employer must also inform the tax authorities how he pays the… ⟶

Ten-year plan for green mobility

Ten-year plan for green mobility

September 2021 – At the end of May, the Minister of Finance received the green light (!) from the government for a thorough reform of the tax deductibility of private cars for professional use. Fossil fuel cars are being pushed out, but for electric cars too, the deductibility will be limited. The government has given itself a decade to achieve this. First point: which cars are involved? ⟶

Companies: an update on online incorporation

Companies: an update on online incorporation

September 2021 – A recent law opens the door to online incorporation of companies. You have a company in five days. That's what the minister promises in the preparatory work... The trick is simple: you still have to go through the notary, but the deed of incorporation for legal persons can now also be dematerialised. This will speed up… ⟶

Flat-rate mileage allowance from 1 July 2020 to 30 June 2022

Flat-rate mileage allowance from 1 July 2020 to 30 June 2022

September 2021 – The amount of the mileage allowance for federal civil servants who travel with their own vehicle is traditionally communicated shortly before 1 July. However, this announcement also concerns accountants and tax advisers, as the amount of this allowance is also relevant for tax purposes. If, as an employer, you ask your employee… ⟶

The importance of reliable time recording

The importance of reliable time recording

September 2021 – Whose burden of proof is it with regard to overtime? If the employer does not have a tool that allows him to reliably record the daily working time, he must, according to the Brussels Labour Court, prove that the employee did not work the hours he claims. In 2016, a woman was fired. The amount of her severance pay, and more… ⟶

Research and development: the fiscal role of Belspo

Research and development: the fiscal role of Belspo

August 2021 – The exemption from the payment of the withholding tax on earned income (Pr.P.) for research and development is particularly important in attracting companies that wish to invest in new technologies. But what activities actually fall under the concept of "research and development" (R&D for short)? The… ⟶

Access to a mobile phone or PC in the context of a criminal investigation

Access to a mobile phone or PC in the context of a criminal investigation

August 2021 – Investigators have extensive powers in the context of a criminal investigation. They can - always with the authorisation of a judge - enter your premises, open your cupboards, check your finances. But do you have the right not to give them the password to your smartphone or laptop? ⟶

The burden of proof in cases of dismissal after incapacity for work

The burden of proof in cases of dismissal after incapacity for work

August 2021 – An employee is unable to work due to a miscarriage. On the day of her return, the employer dismisses her on the grounds that the company is reorganising. The employee goes to court, claiming that she was dismissed because she was unable to work due to the miscarriage. The young woman had previously communicated her desire… ⟶