ECJ on sale-and-leaseback: new and interesting development in VAT
Last week the EU Court of Justice handed down a very interesting judgment regarding sale-and -leaseback transactions. The judgment radically impacts the way such and similar transactions are currently treated from a VAT perspective in Belgium. Mydibel is a regular tax payer and the owner of several buildings in Belgium. Mydibel fully recovered the VAT paid
First administrative comments on VAT on rent published!
The VAT administration published today the first commentary (Frequently Asked Questions) on the letting with VAT that came into force on 1 January 2019. For buildings that are under construction, already marketed and eligible for the optional VAT regime, it is essential to monitor the practical issues. The key points addressed in the FAQ’s are
VAT annual sales listing for 2018 transactions
Belgium requires all VAT payers to file an annual return with details about all domestic sales made in Belgium during the previous calendar year. This return, commonly referred to as the annual sales listing, includes detailed information about the sales made to VAT registered customers in Belgium. The deadline for filing this return is rapidly
Brexit Update – Mrs May sent back to Brussels Time to anticipate now!
Yesterday the House of Commons voted on the amendments which will shape the next steps of the Brexit. Members of the Parliament voted the amendment to scrap the most difficult part of the Withdrawal Agreement; being the Irish back stop and send Mrs May back to Brussels for further negotiations. In response to the vote,
Optional VAT rental – condition for VAT deduction
In a communication published on 9 January 2019, the administration laid down certain conditions concerning the deduction of VAT which could not be deducted before the entry into force of the law. In practical terms, this is the VAT due on the costs of architects, studies, demolition, stabilisation and construction incurred before the entry into
15 January 2019 – Brexit Update – Brexit deal voted down!
Today, the UK’s House of Commons voted on Mrs. May’s Brexit deal. As widely expected, the Brexit deal was voted down. Although it’s still unclear what’ll happen next, the voting down of the deal requires that Mrs. May come back to the House of Commons with an alternative motion by next Monday, opening a door
Christmas gifts to contractors, how and what?
In our newsletters of 27 November 2018 and 10 December 2018 we recalled the possibility for employer to present year-end gifts to employees with a maximum value of EUR 40 for the occasion of Saint-Nicholas, Christmas and New Year. Indeed, provided that certain conditions are met, these gifts can be free from social security contributions
VAT deduction on deal fees for an aborted transaction, and not for an intended sale of shares
Recently, the CJEU decided on two important cases with respect to the VAT deduction on deal fees (see C-249/17 Rynair Ltd. And C-502/17 C&D Foods Acquisition) in a seemingly opposing manner. Ryanair case In the Ryanair case, deal fees were incurred in relation to a failed takeover of a competitor. Ryanair claimed input VAT deduction
