November 2021 – When a company distributes a dividend, it is liable for a withholding tax (roerende vorheffing/précompte mobilier) of 30% on the amount distributed. SMEs can avoid this withholding tax by reserving their profits (liquidation reserve). An advance levy of 10% is then due immediately, but no further tax is due when the company is liquidated. ⟶
IFRS 16: Leases and Covid-19
November 2021 – The new IFRS 16 for leases became applicable in Europe on 1 January 2019. This standard requires lessees to capitalise their lease liabilities on their balance sheet. If a lessee now receives rent relief to overcome the Covid-19 pandemic, this will in principle also have an impact on its accounting. But we are not there yet. As of 1 January 2019, there is in principle only one standard in force for the correct… ⟶
Exemption from payment of the withholding tax on income for research and development
November 2021 – For some years now, the legislator has been using the withholding tax on earned income (bedrijfsvoorheffing/précompte professionnel) to support employers in making investments that generate employment. The employer withholds the withholding tax, as he usually does, but he only has to pay part… ⟶
Your landlord does not like teleworking
November 2021 – When a lessee uses the rented building for business purposes, the lessor is taxed on the rental income, not on the cadastral income, which is usually lower. In these times of the coronavirus crisis, we have learned to work from home en masse and many would like to continue to do so as well. But what about the lessor? If, as a natural person, you rent a building to… ⟶
New CSA: impact on revaluation gains
November 2021 – On 20 August 2021, the Accounting Standards Board (CBN/CNC) published an opinion on the accounting for revaluation gains following the introduction in May 2019 of the Companies and Associations Code (WVV/CSA). The previous CBN-CNC advice on revaluation gains already dates from 2011 and was updated in 2016. However, the WVV/CSA and the WVV/CSA Implementation Order have... ⟶
Crossing the border with cash
November 2021 – As part of the fight against money laundering activities, the European Union has had rules in place since 2014 that require you to declare the cash you have on you when you cross the border. This declaration is mandatory as soon as you have more than 10 000€ in cash on you. The existing rules were tightened in 2021. A distinction must be made between moving within the EU and crossing the EU's… ⟶
Innovation income deduction replaces the patent income deduction
October 2021 – The tax incentive for the acquisition and use of patents - the patent income deduction - was particularly attractive. Perhaps even too interesting, as Europe called for its abolition in 2016. Belgium replaced the patent income deduction with the innovation income deduction. The transitional regime for the patent income deduction... ⟶
An energy budget for your staff
October 2021 – A major energy supplier offers employers the opportunity to provide free heating or electricity to their employees. The employee is taxed on this benefit, but the taxable amount is independent of the actual value of the benefit, which is usually higher. According to the tax legislation, every employee or company director is taxed on the real value of the benefits offered by the employer… ⟶
Supplementary pensions for company directors: flexible application of the 80% limit
October 2021 – The flexible application of the 80% limit, as decided by the tax administration for 2020 bonuses, is extended for 2021 bonuses. The administration announced this in a circular dated 10 June 2021. And what exactly does this relaxation consist of? For employees, the annual calculation of the 80% limit… ⟶
Interest rate for late payment in commercial transactions
October 2021 – The interest rate for late payment in commercial transactions is adjusted every six months. For the past four years, this rate has been 8%. In the second half of 2019 it was increased to 8,5%, but was reduced to 8% in the first half of 2020 and remains at 8% in the second half of 2021. This interest rate is only applied to commercial transactions. Depending on the… ⟶
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
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
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
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
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
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
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
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
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
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... ⟶