Global employee mobility

New legislation on posting of employees adopted by the Belgian Chamber of Representatives

In the Belgian Official Gazette of December 20th, the Act of December 11th, 2016 laying down several provisions with respect to the posting of employees was published. This Act transposes the Enforcement Directive 2014/67/EU (“Enforcement Directive”) of the Posting Directive 96/71/EC (“Posting Directive”) into Belgian law and includes, among other measures, a number of additional […]

bart-elias-author

In the Belgian Official Gazette of December 20th, the Act of December 11th, 2016 laying down several provisions with respect to the posting of employees was published. This Act transposes the Enforcement Directive 2014/67/EU (“Enforcement Directive”) of the Posting Directive 96/71/EC (“Posting Directive”) into Belgian law and includes, among other measures, a number of additional […]

New dispensation to calculate the days of presence of Belgian tax residents in Luxembourg

Just before the summer holidays, the Belgian tax authorities have published a Practice Note (Practice Note AGFisc No. 22/2015 (No. Ci.700.520) dated 1st June 2015) regarding the amicable agreement of 16 March 2015 on the application of section 15 of the Belgian-Luxembourg treaty for the avoidance of double taxation. The agreement has introduced, from 1st […]

nicolas-de-limbourg-author

Just before the summer holidays, the Belgian tax authorities have published a Practice Note (Practice Note AGFisc No. 22/2015 (No. Ci.700.520) dated 1st June 2015) regarding the amicable agreement of 16 March 2015 on the application of section 15 of the Belgian-Luxembourg treaty for the avoidance of double taxation. The agreement has introduced, from 1st […]

End of year is approaching: rules of the game for gift vouchers

One option to reward employees in a tax-friendly manner at the end of this year is to provide them with a gift, i.e. gifts in kind or in cash, or vouchers for books, sporting and cultural events, movies, etc. As a general rule, gifts are in principle considered as remuneration and thus subject to social […]

bart-elias-author

One option to reward employees in a tax-friendly manner at the end of this year is to provide them with a gift, i.e. gifts in kind or in cash, or vouchers for books, sporting and cultural events, movies, etc. As a general rule, gifts are in principle considered as remuneration and thus subject to social […]

Indexation of minimum required salary for work permit of highly-qualified and managerial employees

In order to obtain a Belgian work permit for individuals in the capacity of highly qualified or managerial employees, a specific minimum salary has to be observed, as provided under Belgian immigration law. This minimum salary is indexed every year. Our office was informed by the immigration authorities of the Brussels Region about the indexation of […]

bart-elias-author

In order to obtain a Belgian work permit for individuals in the capacity of highly qualified or managerial employees, a specific minimum salary has to be observed, as provided under Belgian immigration law. This minimum salary is indexed every year. Our office was informed by the immigration authorities of the Brussels Region about the indexation of […]

Possible adjustment to the tax-free amount for tax equalisation for foreign executives

The Belgian tax authorities have recently introduced some changes to the so-called “technical note” detailing the calculation of the recurring tax-free allowances in the framework of the special tax regime for foreign executives (which are limited to EUR 11.250 or EUR 29.750 per year, depending on the employer’s circumstances). In many cases, the most important […]

nicolas-de-limbourg-author

The Belgian tax authorities have recently introduced some changes to the so-called “technical note” detailing the calculation of the recurring tax-free allowances in the framework of the special tax regime for foreign executives (which are limited to EUR 11.250 or EUR 29.750 per year, depending on the employer’s circumstances). In many cases, the most important […]

New daily lump sum allowances list as from 1 April 2015

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. If the lump-sum reimbursements for short-term business trips abroad (not exceeding 30 calendar days) are determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs […]

nicolas-de-limbourg-author

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. If the lump-sum reimbursements for short-term business trips abroad (not exceeding 30 calendar days) are determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs […]

NETHERLANDS – Preliminary ruling on the 150 km criterion of the 30% regime

On 24 February 2015, the European Court of Justice (‘ECJ’) issued a preliminary ruling on the question whether the 150 km criterion of the 30% regime for incoming workers is to be upheld. The 150 km criterion applies to the 30% regime since 1 January 2012. Employees residing at a distance of less than 150 […]

nicolas-de-limbourg-author

On 24 February 2015, the European Court of Justice (‘ECJ’) issued a preliminary ruling on the question whether the 150 km criterion of the 30% regime for incoming workers is to be upheld. The 150 km criterion applies to the 30% regime since 1 January 2012. Employees residing at a distance of less than 150 […]

Administrative cost charged for certain Belgian residence applications from 2 March 2015

The intention of the Government to apply charges for residence applications in order to cover the administrative costs was already present in the Program Act of 19 December 2014. On 16 February 2015, the Government approved a new Royal Decree, which becomes effective on 2 March 2015. Individuals who apply for Belgian residence will be charged an […]

bart-elias-author

The intention of the Government to apply charges for residence applications in order to cover the administrative costs was already present in the Program Act of 19 December 2014. On 16 February 2015, the Government approved a new Royal Decree, which becomes effective on 2 March 2015. Individuals who apply for Belgian residence will be charged an […]

Tax exemption on registration of foreign company cars: VAT certificate no longer required

In principle all cars that are used on public roads in Belgium have to be registered in Belgium, including company cars provided by foreign employers. However, depending on the factual circumstances, specific exceptions may be available. If, for example, certain conditions are met, no registration is required for Belgian employees who drive, on Belgian public roads, a company car (with […]

nicolas-de-limbourg-author

In principle all cars that are used on public roads in Belgium have to be registered in Belgium, including company cars provided by foreign employers. However, depending on the factual circumstances, specific exceptions may be available. If, for example, certain conditions are met, no registration is required for Belgian employees who drive, on Belgian public roads, a company car (with […]

Update – Exemption method for foreign professional income incompatible with EU Law

As mentioned in our headline of 17 December 2013, Belgium was sentenced by the European Court of Justice for breaching EU law. The relevant judgment indicated that EU law is violated where a taxpayer cannot effectively benefit from personal tax benefits linked to his family status (e.g. increase in tax free amount for dependent children) […]

nicolas-de-limbourg-author

As mentioned in our headline of 17 December 2013, Belgium was sentenced by the European Court of Justice for breaching EU law. The relevant judgment indicated that EU law is violated where a taxpayer cannot effectively benefit from personal tax benefits linked to his family status (e.g. increase in tax free amount for dependent children) […]

Belgian corporate tax deduction rejected for stock option plan cost recharged by foreign parent company

Court of Appeal of Brussels confirms four-year old decision of Court of First Instance of Brussels. We refer to our HRS Headline of 26 May 2010. On 25 June 2014, the Court of Appeal of Brussels confirmed the decision of the Court of First Instance of Brussels of 16 April 2010. According to this decision, […]

nicolas-de-limbourg-author

Court of Appeal of Brussels confirms four-year old decision of Court of First Instance of Brussels. We refer to our HRS Headline of 26 May 2010. On 25 June 2014, the Court of Appeal of Brussels confirmed the decision of the Court of First Instance of Brussels of 16 April 2010. According to this decision, […]

The 6th State Reform and Belgian expatriate tax

On 28 May 2014 the law of 8 May 2014, modifying the Belgian income tax code of 1992 following the 6th State Reform (Act of 6 January 2014) was published in the Official Gazette. Rules applicable until tax year 2014 (income year 2013 included) Foreign executives temporarily working in Belgium for whom the special tax […]

nicolas-de-limbourg-author

On 28 May 2014 the law of 8 May 2014, modifying the Belgian income tax code of 1992 following the 6th State Reform (Act of 6 January 2014) was published in the Official Gazette. Rules applicable until tax year 2014 (income year 2013 included) Foreign executives temporarily working in Belgium for whom the special tax […]

6th State reform: Taxation of individuals – Changes published

On the 28th of May 2014 the law reforming the Belgian Income Tax Code in light of the 6th state reform has been published in the Official Gazette. Due to this state reform Regions (Flanders, Brussels and Wallonia) will obtain increased fiscal autonomy. A portion of the personal income tax will be attributed to the […]

nicolas-de-limbourg-author

On the 28th of May 2014 the law reforming the Belgian Income Tax Code in light of the 6th state reform has been published in the Official Gazette. Due to this state reform Regions (Flanders, Brussels and Wallonia) will obtain increased fiscal autonomy. A portion of the personal income tax will be attributed to the […]

New daily lump-sum allowances for foreign business trips

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. The lump-sum reimbursements can be determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs to its posted agents.New lists have been published to determine […]

nicolas-de-limbourg-author

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. The lump-sum reimbursements can be determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs to its posted agents.New lists have been published to determine […]

Double tax treaty between China and Belgium: entry into force

The new double tax treaty between China and Belgium has entered into force. It was concluded on 7 October 2009 and it entered into force retrospectively as of 29 December 2013. It replaces the double tax treaty of 18 April 1985. The new treaty applies to withholding taxes for income received as of 1 January […]

nicolas-de-limbourg-author

The new double tax treaty between China and Belgium has entered into force. It was concluded on 7 October 2009 and it entered into force retrospectively as of 29 December 2013. It replaces the double tax treaty of 18 April 1985. The new treaty applies to withholding taxes for income received as of 1 January […]

Taxation in the Netherlands: increased deductibility of Belgian social security contributions

Taxation in the Netherlands: increased deductibility of Belgian social security contributions Within the framework of the 2014 Dutch Tax Plan, a recent change was announced with respect to the deduction of Belgian employee social security contributions for Dutch income tax purposes, retrospective as of 1 January 2013. It concerns individual taxpayers whose earned income is […]

nicolas-de-limbourg-author

Taxation in the Netherlands: increased deductibility of Belgian social security contributions Within the framework of the 2014 Dutch Tax Plan, a recent change was announced with respect to the deduction of Belgian employee social security contributions for Dutch income tax purposes, retrospective as of 1 January 2013. It concerns individual taxpayers whose earned income is […]

Anticipated change in the taxation of expatriates and other non-residents

Within the framework of the 6th Belgian state reform there is a focus on i.a. empowering our regions (Brussels, Flanders and Wallonia) via a limited degree of autonomy in respect of income taxes. As a result, our tax law will fundamentally change in the upcoming months. Although non-resident taxation remains a federal matter, certain regional […]

nicolas-de-limbourg-author

Within the framework of the 6th Belgian state reform there is a focus on i.a. empowering our regions (Brussels, Flanders and Wallonia) via a limited degree of autonomy in respect of income taxes. As a result, our tax law will fundamentally change in the upcoming months. Although non-resident taxation remains a federal matter, certain regional […]

Denial of tax benefits resulting from different treatment for income earned in another Member State incompatible with EU law

On 12 December 2013, Belgium was sentenced by the European Court of Justice for breaching EU-law and, more precisely article 49 of the Treaty on the Functioning of the European Union (freedom of establishment). The case at hand concerned a married couple with 2 children, resident in Belgium. With respect to their tax returns for […]

nicolas-de-limbourg-author

On 12 December 2013, Belgium was sentenced by the European Court of Justice for breaching EU-law and, more precisely article 49 of the Treaty on the Functioning of the European Union (freedom of establishment). The case at hand concerned a married couple with 2 children, resident in Belgium. With respect to their tax returns for […]

Tax authorities target foreign source professional income

If the relevant double tax treaty allocates the right to tax employment income to another state, the income will in principle be exempted from taxes in Belgium. However, for tax residents of Belgium, foreign source professional income still needs to be reported in the Belgian personal income tax return and an exemption (with progression reserve) […]

nicolas-de-limbourg-author

If the relevant double tax treaty allocates the right to tax employment income to another state, the income will in principle be exempted from taxes in Belgium. However, for tax residents of Belgium, foreign source professional income still needs to be reported in the Belgian personal income tax return and an exemption (with progression reserve) […]

The Netherlands – Prinsjesdag – Budget Day 2014

On 17 September 2013, the Dutch government announced its Budget Memorandum and the 2014 Tax Package. Two important items included in the measures proposed are: continuation of the crisis levy of 16% (employer duty) on salaries paid during 2013 exceeding the cap of EUR 150,000 introduction of a maximum deductibility threshold for pension contributions set […]

nicolas-de-limbourg-author

On 17 September 2013, the Dutch government announced its Budget Memorandum and the 2014 Tax Package. Two important items included in the measures proposed are: continuation of the crisis levy of 16% (employer duty) on salaries paid during 2013 exceeding the cap of EUR 150,000 introduction of a maximum deductibility threshold for pension contributions set […]

New daily lump-sum allowances list as from 1 April 2013

New daily lump-sum allowances list as from 1 April 2013 Reimbursements by the employer of expenses, incurred by an employee within the scope of his employment, are exempt from tax to the extent that they can be supported by appropriate documentation. The tax exemption of a lump-sum reimbursement of such expenses may also be allowed […]

nicolas-de-limbourg-author

New daily lump-sum allowances list as from 1 April 2013 Reimbursements by the employer of expenses, incurred by an employee within the scope of his employment, are exempt from tax to the extent that they can be supported by appropriate documentation. The tax exemption of a lump-sum reimbursement of such expenses may also be allowed […]

UK-Belgium double tax treaty – New protocol published

On 28 December 2012 the protocol amending the existing double tax treaty between Belgium and the United Kingdom was published in the Official Gazette. The protocol was signed by both countries on 24 June 2009 and came into force on 24 December 2012. It is applicable as from 1 January 2013. The protocol amends the […]

nicolas-de-limbourg-author

On 28 December 2012 the protocol amending the existing double tax treaty between Belgium and the United Kingdom was published in the Official Gazette. The protocol was signed by both countries on 24 June 2009 and came into force on 24 December 2012. It is applicable as from 1 January 2013. The protocol amends the […]

Dutch social security contributions & formal salary split

As you may know, there are quite some upcoming changes to the legislation in the Netherlands not only from a tax perspective but also from a social security point of view. In this respect, we wish to draw your attention to a change in the Dutch social security legislation that will affect formal split employment […]

nicolas-de-limbourg-author

As you may know, there are quite some upcoming changes to the legislation in the Netherlands not only from a tax perspective but also from a social security point of view. In this respect, we wish to draw your attention to a change in the Dutch social security legislation that will affect formal split employment […]

New social security treatment of non-taxable expatriate allowances – confirmation from the social security authorities

As indicated in our HRS headline of 30 November 2012, the Belgian social security authorities have recently changed their position in respect of the amount of tax-free allowances that can be exempted from Belgian social security, in a bid to make Belgium and its special tax regime for foreign executives more attractive. Yesterday, the social […]

bart-elias-author

As indicated in our HRS headline of 30 November 2012, the Belgian social security authorities have recently changed their position in respect of the amount of tax-free allowances that can be exempted from Belgian social security, in a bid to make Belgium and its special tax regime for foreign executives more attractive. Yesterday, the social […]

New social security treatment of expatriate’s non taxable allowances retroactively applicable as from 1 January 2012

Context Under certain conditions, foreign executives who are temporarily assigned to work in Belgium can benefit from a special tax status. In this case, they are treated for tax purposes as non-residents of Belgium and taxed on their Belgian-source income only. The special expatriate tax status, the rules of which are laid down in an […]

bart-elias-author

Context Under certain conditions, foreign executives who are temporarily assigned to work in Belgium can benefit from a special tax status. In this case, they are treated for tax purposes as non-residents of Belgium and taxed on their Belgian-source income only. The special expatriate tax status, the rules of which are laid down in an […]

Draft bill – various tax and financial measures – Update

As indicated in our headline of 23 July 2012, the federal government of Belgium approved a draft bill laying down various tax and financial provisions. These proposed measures include various elements that may impact the taxation of non-resident taxpayers in Belgium. Individuals who are not a resident of Belgium (for income tax purposes) are only […]

nicolas-de-limbourg-author

As indicated in our headline of 23 July 2012, the federal government of Belgium approved a draft bill laying down various tax and financial provisions. These proposed measures include various elements that may impact the taxation of non-resident taxpayers in Belgium. Individuals who are not a resident of Belgium (for income tax purposes) are only […]

Personal tax measures announced in France

1 – Introduction of two new tax rates / freezing of the tax scales Current French tax rates (per part) New French tax rates (per part) as per proposed Tax reform Hollande 0 5963 0 0 5963 0 5963 11896 5,5 5963 11896 5,5 11896 26420 14 11896 26420 14 26420 70830 30 26420 70830 […]

nicolas-de-limbourg-author

1 – Introduction of two new tax rates / freezing of the tax scales Current French tax rates (per part) New French tax rates (per part) as per proposed Tax reform Hollande 0 5963 0 0 5963 0 5963 11896 5,5 5963 11896 5,5 11896 26420 14 11896 26420 14 26420 70830 30 26420 70830 […]

“Action against changes to the Dutch 30% ruling”

“Action against changes to the Dutch 30% ruling” In our Headline of 20 September 2011, we informed you of the changes to the Dutch 30% ruling. On 1 January 2012, the 30% ruling ceases to be available to employees who’ve not lived outside a 150 km radius from the Dutch border for more than 2/3 […]

nicolas-de-limbourg-author

“Action against changes to the Dutch 30% ruling” In our Headline of 20 September 2011, we informed you of the changes to the Dutch 30% ruling. On 1 January 2012, the 30% ruling ceases to be available to employees who’ve not lived outside a 150 km radius from the Dutch border for more than 2/3 […]

The Netherlands – One-off crisis contribution introduced for high salaries

On 10 July 2012, the Dutch First Chamber approved legislation introducing a one-time employers tax of 16% on high salaries. In March 2013, employers will have to pay a 16% employers tax on all salaries paid out in 2012 which exceed EUR 150,000.

nicolas-de-limbourg-author

On 10 July 2012, the Dutch First Chamber approved legislation introducing a one-time employers tax of 16% on high salaries. In March 2013, employers will have to pay a 16% employers tax on all salaries paid out in 2012 which exceed EUR 150,000.

Interpretation of the 5%-rule for applying EU-Regulation 883/2004

In order to determine whether someone should be considered as working in one Member State only with limited travel to other Member States or as being simultaneously employed in different Member States, one should – amongst others – determine whether or not the activities carried out outside the country of usual employment take up 5% […]

bart-elias-author

In order to determine whether someone should be considered as working in one Member State only with limited travel to other Member States or as being simultaneously employed in different Member States, one should – amongst others – determine whether or not the activities carried out outside the country of usual employment take up 5% […]

Dutch Budget Agreement 2013

On 25 May 2012, the Dutch government sent the Budget Agreement 2013 to parliament. This agreement includes a number of measures aimed at reducing the Dutch EMU gap to 3% in 2013. A legislative proposal has not yet been released. The most important tax measures are summarised in the document attached. Download the pdf

nicolas-de-limbourg-author

On 25 May 2012, the Dutch government sent the Budget Agreement 2013 to parliament. This agreement includes a number of measures aimed at reducing the Dutch EMU gap to 3% in 2013. A legislative proposal has not yet been released. The most important tax measures are summarised in the document attached. Download the pdf

New daily lump-sum allowances list as from 1 April 2012

Context Reimbursements by the employer of expenses incurred by an employee within the scope of his employment are exempt from tax to the extent that they can be supported by appropriate documentation. The tax exemption of a lump-sum reimbursement of such expenses may also be allowed provided the lump-sum amount is determined based on reasonable […]

nicolas-de-limbourg-author

Context Reimbursements by the employer of expenses incurred by an employee within the scope of his employment are exempt from tax to the extent that they can be supported by appropriate documentation. The tax exemption of a lump-sum reimbursement of such expenses may also be allowed provided the lump-sum amount is determined based on reasonable […]

Additional municipal income tax

Income earned by a tax resident of Belgium in The Netherlands, Germany and/or France is exempted from Belgian income tax (be it with progression reserve). The exemption however only relates to federal tax and not to municipal taxes. Therefore it is important to know on which basis the municipal tax is calculated: on the ‘net […]

nicolas-de-limbourg-author

Income earned by a tax resident of Belgium in The Netherlands, Germany and/or France is exempted from Belgian income tax (be it with progression reserve). The exemption however only relates to federal tax and not to municipal taxes. Therefore it is important to know on which basis the municipal tax is calculated: on the ‘net […]