Update: It’s a go for the option to apply VAT on ‘new’ immovable letting!
This weekend, the core cabinet of the Belgian Government (finally) reached an agreement on the possibility for landlords to apply VAT on certain immovable lettings. With a view of raising our country’s and the markets’ competitiveness, the Belgian Government has for quite some time been juggling (and struggling) with the idea to apply VAT on
EU Commission released new VAT Gap Study – Belgian Gap in 2013 estimated at 10% or EUR 3.2 billion
On 4 September 2015, the European Commission released the latest figures on the so-called “VAT Gap”. The VAT Gap is an indicator of the effectiveness of VAT enforcement and compliance measures, as it provides an estimate of revenue loss due to tax fraud, tax evasion and avoidance, bankruptcies, financial insolvencies as well as miscalculations. Based
Belgian Court of Cassation: no late payment interest without a VAT debit in the hands of the VAT taxable person
In its decision of 31 October 2014 (Jetaircenter NV vs. the Belgian State), the Court of Cassation ruled that late payment interest cannot be claimed by the Belgian State when the taxable person under review has no VAT debit. Under the Belgian VAT legislation, late payment interest at 9.6% is legally due by the taxable
Promotional event – VAT deduction for catering costs accepted
The deduction of VAT on catering costs incurred during an event with (existing or potential) clients has been the subject of extensive case law and of many an issue with the Belgian VAT Administration at the time of a VAT audit. Up to now, the Belgian VAT Administration acknowledged the VAT deduction on event costs
Real estate – VAT: ECJ rules on football stadium and fuels debate on VAT qualification of hybrid or more complex real estate structures
On 22 January 2015, the European Court of Justice ruled that – having regard to the facts cited in this (Belgian!) case – the act of making a football stadium available does not qualify as letting of immovable property. The fundamental characteristic of the concept of ‘letting of immovable property’ lies in conferring upon the other party
VAT: New VAT regime for incorporated company directors and liquidators postponed till 1 January 2016
Further to our previous alert on the new VAT regime for incorporated company directors and liquidators (click link), the Minister of Finance has decided to postpone the date of application of its VAT Decision No. ET 125.180 (click link for Dutch / French) till 1 January 2016. This new effective date will be subject to
VAT : incorporated company directors and liquidators subject to normal VAT rules
Services rendered by incorporated company directors and liquidators will be subject to VAT as from 1 January 2015. This stems from the fact that the former tolerance to opt for non-taxation will be cancelled as per 1 January 2015. This may have consequences for entities without a full VAT deduction right and for which services
VAT: Advance invoicing – ultimate regulations Belgian VAT authorities
The Belgian VAT authorities recently published a new administrative decision with regard to the new definitif advance invoicing rules coming into force on 1 January 2015. This new decision brings an end to the transitional measures applicable from 1 January 2013 till 31 January 2014. The new final rules provide some interesting tolerance on the legal principles related to advance
