"Kot for rent". With or without VAT?

"Kot for rent". With or without VAT?

February 2022 – Why charge VAT on the rental of student rooms? To be able to deduct the VAT paid on the construction (or refurbishment) of these rooms. At the end of 2020, an investor obtained a ruling that allowed him to charge VAT and thus also deduct VAT on the investment and maintenance. However, the legislator objected to this. ⟶

Liquidation reserve and shareholder-company

Liquidation reserve and shareholder-company

February 2022 – The liquidation reserve allows the entrepreneur who carries out his activity as a company to build up savings which he can distribute tax-free when the company is wound up. However, this tax exemption is not available to shareholders who are themselves in the form of a company. However, a solution does exist. ⟶

VAT on transport services when exporting goods

VAT on transport services when exporting goods

February 2022 – The sale of goods is in principle subject to VAT. The export of goods is one of the main exceptions to this principle. Export in this context means export outside the European Union. Transport services in the context of such export may also be exempt. But there will be some changes from 1 April 2022. ⟶

Foreign self-employed persons with a professional card in Flanders

Foreign self-employed persons with a professional card in Flanders

February 2022 – Since 1 January 2022, non-EU nationals wishing to establish themselves as self-employed persons in Flanders have been subject to new regulations regarding their professional card. The old regulations of 1965 continue to apply in the other Regions. According to the federal regulation a business card is required when… ⟶

Withholding tax in case of shift and night work

Withholding tax in case of shift and night work

February 2022 – The conditions and modalities of the exemption from payment of the withholding tax on earned income (Pr. P.) in case of shift and night work are regularly discussed. In a circular dated mid-November, the tax authorities give their opinion on the one-third standard: from now on, this standard must always be calculated on an… ⟶

Transferring a family business in the age of the coronavirus

Transferring a family business in the age of the coronavirus

February 2022 – When transferring a family business, you can avoid inheritance or gift tax if a number of conditions are met. One of these conditions is that the business must continue without interruption, which was not evident during the coronavirus crisis. Can you expect any help from the Minister? A donation of a business is in principle subject... ⟶

Custody: working time or not?

Custody: working time or not?

February 2022 – Does 'on-call' count as working time? This question was submitted to the Court of Justice of the European Union in mid-November 2021 in relation to the on-call duty of a firefighter. This was not the first time, as the Court had already been asked to rule on the issue in March 2021. The conclusion: simply being on call can also be considered as work. ⟶

Abolition of the duo legacy in Flanders

Abolition of the duo legacy in Flanders

January 2022 – The Flemish Government has abolished the duo bequest as from 1 July 2021. If you had previously amended your will in order to arrange such a duo bequest, it is advisable to look again at this will and to seek alternative solutions, if necessary. The duo bequest involves you making literally two bequests. ⟶

Be careful when you say what you think of your competitor!

Be careful when you say what you think of your competitor!

January 2022 – At the beginning of 2021, the Antwerp Court of Appeal was called upon to examine a case between two hoover manufacturers. One had linked the other to the scandal surrounding the rigging software of a famous car brand. For the court, this is unacceptable. A manufacturer of bagless… ⟶

Refusal to supply is an abuse of dominance

Refusal to supply is an abuse of dominance

January 2022 – Refusing to deliver to a business customer with whom you are involved in court proceedings can be a form of abuse of dominance. And it can cost you a lot of money. A hunting shop has a concession to sell a particular type of shotgun. At the insistence of the German manufacturer of the weapon, the company... ⟶

Eco-vouchers: a year of changes

Eco-vouchers: a year of changes

January 2022 – Since 2009, employers have been able to grant eco-vouchers to their employees. Eco-vouchers benefit from an advantageous tax and social security contribution regime. Apart from the increase in the amount that can be granted (from 125 euros to the current 250 euros), the regulations have remained unchanged for a long time. But since 2020... ⟶

Analysis under annual accounts law of the alarm bell procedure under the CSA

Analysis under annual accounts law of the alarm bell procedure under the CSA

January 2022 – On 12 October 2021, the Accounting Standards Committee (AcSB) published an opinion on the alarm bell procedure under the Companies and Associations Code (CSA). The application of the alarm bell procedure depends to a large extent on the valuation... ⟶

Expenses after leaving the business

Expenses after leaving the business

January 2022 – Just as your income may still be taxable long after you have ceased your activity, your expenses may also remain deductible after you have ceased your activity. The Ghent Court of Appeal was called upon to rule on a whole series of costs and expenses that were still incurred after the cessation of activity. A particularly interesting case! ⟶

Tax audit without travel

Tax audit without travel

January 2022 – A tax audit primarily involves the tax authorities coming to the taxpayer's home to look at the books. The tax authorities may take copies, but they must come to you. A new law now allows the tax authorities to carry out audits without having to come to you. A law of mid-2021 adds a new paragraph to Article 315bis of the Income Tax Code 1992: "Without prejudice… ⟶

Filling up with electricity at the employer's expense

Filling up with electricity at the employer's expense

January 2022 – Employees who are provided with a company car by their employer are taxed on a benefit in kind. This benefit is based on the catalogue value of the vehicle. The additional provision of a fuel card by the employer does not affect this benefit. But what if the employee "fills up" with electricity at the employer's expense? ⟶

What is the vaccination rate in your company?

What is the vaccination rate in your company?

December 2021 – On 17 September 2021, the Consultation Committee (a body in which representatives of the federal and regional governments discuss their corona plans) decided to allow employers to find out the vaccination rate of their employees. The legal framework was defined at the federal level and immediately implemented in Flanders. The vaccination… ⟶

Social liabilities: clarification from the tax authorities

Social liabilities: clarification from the tax authorities

December 2021 – A single status for blue-collar and white-collar workers was introduced in 2013. This measure aimed to harmonise the status of these two categories of workers with regard to notice periods and the waiting day. The introduction of this status has led to an increase in costs for employers wishing to dismiss a worker. The social liability exemption helps to offset… ⟶

Reform of Flemish registration fees

Reform of Flemish registration fees

December 2021 – In its September statement, the Flemish Government announced a significant reduction in registration fees, at least for first-time home buyers. However, this rate reduction is offset by an increase in registration fees due in other situations. From 1 January 2022 onwards, if you buy your own freehold home in the Flemish Region, you will only have to pay 3% (instead of the current 6%) in registration duty. ⟶