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This contribution continues the series of articles about the new tax treaty between Belgium and the Netherlands, which was signed on 21 June 2023 (‘the Treaty’). The Treaty is expected to enter into force in 2025. In this article we consider the taxation of dividends.
The Belgian tax administration announced last week that they provide an administrative tolerance for groups of multinational enterprises (MNE) and large-scale domestic groups that will not carry out advance payments in 2024 for the domestic top-up tax or the IIR. These groups may submit their notification for registration in the Belgian Crossroads Bank for Enterprises (CBE) until 16 September 2024 (included) instead of 13 July 2024. However, in case these groups wish to carry out tax prepayments in 2024, the filing deadline remains 13 July 2024! Affected taxpayers should immediately determine whether they want to make Pillar 2 tax prepayments. If not, the group can rely on the extended deadline.
On 19 December 2023, Belgium implemented the Pillar 2 legislation introducing a minimum effective tax rate of 15% for multinational enterprise groups (MNEs) or large domestic groups with consolidated annual revenues exceeding €750 million. The rules are applicable for financial years commencing on or after December 31, 2023.
The assessment system for legal structures was introduced in 2015. It soon acquired a nickname: the Cayman Tax. This new form of taxation was supposed to allow income of certain legal structures – such as trusts, foreign foundations and low-taxed foreign entities – to be subject to tax on the part of the Belgian founders. Over the years, these regulations have been through several thorough revisions. The House of Representatives recently approved a bill that once again sharpens the Cayman’s teeth. We briefly discuss the most important changes.
When a car is provided by an employer to an employee or director and the beneficiary also uses the car for private purposes a taxable benefit in kind is generated. This benefit in kind is subject to withholding taxes. The taxable value of the benefit is added to the taxable remuneration, the total is subject to withholding taxes. Benefits in kind are normally taxed on their market value. With regard to company provided cars the value is determined on a lump sum basis.
Unfortunately, every company is confronted with outstanding customer receivables at year-end. Sometimes this is simply an oversight on the part of the customer, but it may relate to amounts whose collection is in doubt because the customer disputes the invoice or is experiencing financial problems. In the latter case, the question arises how and when you can reflect this loss in your bottom line.
From assessment year 2024 (income for 2023 or financial years ending 31.12.2023 or later), a new formality must be completed to maintain the tax-deductibility of rental charges. Rent on dwellings is no longer deductible.
For years the situation remained unchanged with regard to the annual tax to compensate for inheritance tax, better known as wealth tax. This form of wealth tax applies to international and domestic non-profit organisations (INPOs/NPOs) and private foundations. However, on 28 December 2023, a new law containing various tax provisions brought in changes, with various adjustments being made to the wealth tax. These modifications relate to aspects such as the taxable base, the rate, allowances and an exception for specific sectors. The changes have significant consequences for international and domestic non-profit associations and private foundations. To make the situation clearer, we briefly discuss the most important changes below.
Personal tax is levied through withholding taxes; a final settlement then takes place on the basis of the assessment notice, which shows whether additional tax must be paid or a refund is due. Most taxpayers are aware of withholding tax, which is deducted from the taxable remuneration of employees and business managers by their employer (company). The amount deducted is in principle calculated on the basis of a Royal Decree. The deducted withholding tax is then offset in the personal tax assessment notice against the final tax due.
With the end of the year in sight, the question often arises as to what to do with a business manager’s outstanding current account balance. We take a quick look at the consequences of a debit or credit balance.
Companies are obliged to file a corporate tax return on an annual basis. The general rule is that, as from the balance sheet date and irrespective of the date of the general shareholders' meeting, a period of seven months is granted to submit the return.
During the Covid 19 pandemic many cross-border workers were forced to work (at least partially) from home. Employers have meanwhile adopted hybrid working policies as employees have embraced working from home. In a cross-border situation, this has a significant impact for income tax and social security purposes that requires a well-guided approach. Time for an update.
The new Belgian tax regime for inpatriates and inpatriate researchers: opt-in or stay out?
Special tax regime for inpatriates and inpatriate researchers
