VAT: tax point rules (advance invoices) – transitional VAT regime once more extended and upcoming change in legal framework
As from 1 January 2013, the issuance of an invoice not always triggers the payment of the VAT. Due to the practical implications of this new rule, the Belgian authorities had provided for transitional measures that were applicable from 1 January 2013 until 31 December 2014. On 7 October 2014, the Belgian VAT authorities published an
New administrative VAT decision: discretionary portfolio management versus advisory management
The Belgian VAT administration recently published a new administrative decision clarifying the VAT treatment of portfolio discretionary management and advisory management based on the ECJ case Deutsche Bank. Discretionary portfolio management Discretionary portfolio management consisting of (1) a service of analysing and monitoring the assets of client investors and (2) a service of actually purchasing and
VAT: Belgian VAT authorities to comment Belgian impact of CJEU court case Skandia (C-7/13)
The Belgian VAT authorities recently published a new administrative decision on the impact of the CJEU court case Skandia America Corp (C-7/13, 17 September 2014) with regard to Belgian VAT legislation. Following the position of the CJEU, all head office/branch transactions are subject to VAT if the branch or the head office is part of
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
Creation of certainty on VAT treatment of complex cross border transactions – Cross Border Rulings Project extended until 2018 by EU Commission
The VAT Cross Border Rulings Pilot Project has been set up for taxable persons to obtain advance rulings on the VAT treatment of complex cross border transactions. Cross border rulings (CBRs) create certainty, thus mitigating the risk of double taxation and related disputes. The EU pilot project started in 2013 and now involves 15 Member
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
ECJ: The Court rules against reduced VAT rates for electronic books
On 5 March 2015, the Court of Justice of the European Union (ECJ) gave its decision in the infraction cases against France and Luxembourg on their application of reduced VAT rates on electronic books (C-479/13 and C-502/13). In summary, the Court has ruled that France and Luxembourg cannot apply a reduced VAT rate to the
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
