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More VAT News & Tips - Belgium

You will find below VAT news & Tips for Belgium

News

The VAT authorities change structure and audit procedures [01/07/2016]

The Belgian tax authorities will entirely remodel their structure effective on 01/07/2016. Non-resident companies having activities in Belgium will now depend from the “Centre Etrangers”. Part of the re-organization also includes new control procedures to be inspired by corporate tax ones already in place. All essentials such as response deadline, administrative appeals, management of the legal dispute, etc. will be altered.


New tax point rules - 01/01/2016

Since 01/01/2016, invoices have been fully restored as tax point of local transactions, regardless of whether an invoice is issued before or after the taxable supply. However, this is not applicable to intra-EU transactions.


Strengthening of existing measures regarding the joint liability to fiscal and social debts in the construction sector

The Belgian government has just taken new measures aiming at fighting against fiscal and social fraud in the construction industry. Joint liability for fiscal and/or social debts is a system according to which the main contractor can be jointly liable to the debts contracted by his sub-contractors. This system currently applicable between entrepreneurs is now extended to the client himself.


Intrastat threshold for Arrivals – 01/01/2015

As from 01/01/2015, Intrastat threshold for arrivals will be increased from € 700,000 to € 1,500,000. Intrastat threshold for deliveries remains unchanged.


New procedure [one gate] for submitting Intrastat returns to the National Bank of Belgium

The procedure for submitting intrastat returns to the National Bank of Belgium is being changed. With effect from the returns relating to January 2015 data, intrastat returns can only be submitted via the internet application OneGate. This application enables you to enter the data manually or to import data files in CSV or XML format. Returns submitted by email, fax or post will no longer be accepted.


Tips

VAT obligations - Down payment for December

Monthly VAT taxpayers should pay a down payment to the Belgian Treasure before December 24for the transactions performed during the period of December 01 to December 20. Without this payment, late interests will be applied by the Belgian tax authorities.

The computation of the down payment can be determined in two different ways: either your company pays a down payment equal to the VAT due in November or your company pays a down payment equal to the effective transactions (VAT due minus VAT deductible) for the period December 01 to December 20.


VAT refund for companies registered in Belgium

Refund can be requested on an annual basis if the VAT credit exceeds € 245, on a quarterly basis if the VAT credit exceeds € 615 [for taxpayers filing quarterly VAT returns] or € 1.485 [for taxpayers filing monthly VAT returns]. It is also possilble to recover VAT credit on a monthly basis under specific conditions.


Yearly statement

Foreign companies are required to file a yearly statement reporting taxable transactions [goods and services] with all taxable persons identified for VAT purposes in Belgium. The statement should be filed by electronic means via "Intervat" before March 30th of the next calendar year.


Voluntary VAT registration

Foreign companies having local transactions for which the general reverse charge is applicable can decide to be voluntarily VAT registered to recover Belgian VAT incurred on their expenses through a VAT return instead of via electronic procedure as laid down by Directive 2008/9. This option is only applicable to EU foreign companies having more than € 10.000 of VAT recoverable by civil year.


Local reverse charge in the construction sector

According to Belgian law, immovable works including construction, repair, cleaning or maintenance works on an immovable property as well as transaction consisting in incorporating movable goods into immovable property, installation with a building of sanitary, fire, alarm, phone, electrical or air-conditioning equipment, embedded cupboards, stores and shutters, wall or floor-covering provided by a Belgian company are subject to local reverse charge if the recipient is either a taxpayer established in Belgium filing periodical VAT returns, either a taxpayer not established in Belgium but VAT registered through a VAT representative.

Member States which, at 01/01/1977, applied special measures to simplify the procedure for collecting VAT or to prevent certain forms of tax evasion or avoidance may retain them provided that they have notified the Commission accordingly before 01/01/1978 […] [art. 394 of the VAT Directive]


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