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Following the corporate tax reform of 2017, the application of certain corporate tax deductions is limited to 1.000.000 EUR, increased with 70% of the remaining taxable result exceeding 1.000.000 EUR (system of the “korf/corbeille”). The tax deductions concerned are the notional interest deduction of the year, the dividends-received deduction carry-forward, the innovation income deduction carry-forward, the deduction of the loss carry-forward and the notional interest deduction carry-forward, in that order.

As extensively reported in the media the last couple of weeks, there is new tax legislation upcoming regarding the Belgian copyright regime. This regime has been quite extensively applied the last couple of years resulting in substantially lower tax rates for individuals earning copyright income. But after a lot of debate and with the law being voted in parliament this week, what’s in the scope of this new law, who is in, who is out and how can you prepare your company for the impact?

The Belgian Parliament adopted the law which transposes the new EU obligations of digital platform operators into Belgian legislation in accordance with the seventh amendment to the Directive on administrative cooperation in the field of taxation ( Council Directive (EU) 2021/514 – also referred to as DAC7). The new rules will become effective as from 1 January 2023 (hereafter: Belgian DAC7) and will replace the current Belgian regime for platform operators (hereafter Belgian mini-DAC7).

Companies with an operating loss for FY 2020 and expecting a taxable profit for FY 2022 should, like last year, consider the application of the regime of the reconstruction reserve. Such a reserve must then be recorded in the annual accounts of FY 2022.

Early 2022 Belgium introduced a new tax regime for inbound taxpayers and inbound researchers, after the previous expat regime had been in place for 38 years (more guidance on the new expat regime can be found in the Circular 2022/C/47 dated 6/5/2022).

The Court of Justice of the European Union (CJEU) ruled in the DAC6 question of the Orde van Vlaamse Balies and others (see C-694/20) that the obligation of a lawyer-intermediary to notify other non-client intermediaries involved, infringes the right to respect for communications with his or her client. Under the Belgian DAC6 legislation, an intermediary with Legal Professional Privilege (LPP) is required to notify another involved intermediary, or in the absence of such intermediary, the relevant taxpayer, that it is unable to comply with its reporting obligation due to its LPP.

What is VAT in the Digital Age (“ViDA”)? ViDA is a set of proposals intended to modernise the EU’s VAT system for technological advances, reduce VAT compliance burdens, and help combat VAT fraud. The proposals will require the unanimous approval of all 27 EU member states before they can be adopted. The package is made up of 3 main pillars: New Real-time Digital Reporting ...

The Belgian government proposes to modernize the system of periodic VAT returns and the enforcement of VAT debts. In that context, it proposed a draft law that incorporates changes to the current VAT Act concerning the processing of periodic VAT returns, incl. measures for non-filers, as well as a simplification of the system of  VAT debts and credits. We share more information ...

Mixed taxable persons can determine their VAT deduction right via two methods: either they perform the VAT deduction on the basis of a general pro rata method or they perform the VAT deduction on the basis of the actual use that is made of the goods and / or services received.