Exemption of withholding tax for night and shift work, a new measure for variable shifts
On 22 March 2024 (published on 27 March 2024), the Federal government introduced amendments to a draft bill which outline a new transitional measure regarding the withholding tax exemption for night and shift work. This transitional measure, referred to as “variant bis” is in response to the uncertainty that arose after the Constitutional Court opened
Stock options granted by a Personal Service Company to its company director – not always tax deductible for the company
In a judgement of 5 December 2023, the Court of appeal of Antwerp ruled on a case regarding the deductibility of costs of stock options and upholds the lower court’s decision, confirming that remunerations (stock options income in this case) may not always be treated as deductible expenses. The dispute in this case revolves around
New Circular letter on the calculation of the Federal Mobility Budget: pitfalls remain
At the end of September last year, the Belgian government published a Royal Decree to clarify the calculation of the budget for the Federal Mobility Budget and introduce a lump sum calculation method as well. These formulas are to be used both to calculate the available budget as well as the cost to be charged
Wage withholding tax exemption – Constitutional court has introduced a strict interpretation of the application requirements for the wage withholding tax exemption for shift work
Executive Summary In a request for preliminary ruling, the Belgian Constitutional Court was asked to rule on the discriminatory character (or not) of one of the conditions to apply the withholding tax exemption for night and shift work. Said condition requires that the shifts perform the same work in terms of content and magnitude of
The updated benefit in kind for the private use of a company car – 12 months delay for a significant tax increase?
Executive summary Due to the acceleration of the electrification of the fleet, employees driving a combustion engine car were faced with an approx. 10% increase of the benefit in kind company car as of 2024. To mitigate the related tax cost for the individual, the Minister of Finance has announced a change in the calculation
End of the “old” special tax regime for expatriates: key changes starting January 2024
As of January 2024, the special tax regime applicable to certain expatriates in Belgium under the administrative tolerance (i.e. Circulaire n°Ci.RH.624/325.294 dd august 08.1983) has come to an end. If you are an expatriate who was in scope of the ‘old’ special tax regime until the end of December 2023, it is crucial to understand
Charging the company car at home – new clarification on the tax treatment of the cost reimbursements
Introduction The shift to electric cars has proven to bring its share of challenges for HR and fleet managers responsible for a Belgian company car fleet, as many new practical considerations arise compared to the context of a “classic” combustion engine car fleet. But also for tax professionals, this still relatively new concept has raised
Federal Mobility Budget : What changes do you need to make to your budgets by next year?
Introduction The mobility week has also set our government in motion, as a Royal Decree was published last week, on 29 September 2023, in an attempt to provide clarification and simplification in the framework of the Federal Mobility Budget The Decree not only amends the way the budget is tracked towards the employee, but also
