A new (environmental) tax on parking spaces will be effective as from 1 January 2015 (in accordance with the order of 2 May 2013 of the Brussels Region that entered into force on 5 February 2014).
The tax is mainly applicable to owners of office buildings. The order limits the amount of parking spaces according to the area in which the building is situated. There are three areas characterised by their accessibility when making use of public transportation:
- Zone A: two parking spaces for the first 250 m² of surface area + one additional parking space for each next 200 m² of surface area;
- Zone B: one parking space for each 100 m² of surface area;
- Zone C: one parking space for each 60 m² of surface area.
For each parking space exceeding the limit as explained above, an annual tax of EUR 450, 350 or 250 (to be indexed and increased by 10% per year) is due depending on where the building is situated (respectively in zone A, B or C).
The debtor of this new tax is the holder of the environmental permit or the person who has erected the parking spaces without a permit. The preparatory works of the order provide that all applications to extend or renew the environmental permit of which the date of receipt dates from after 5 February 2014 will be subject to the new tax on parking spaces. The tax relating to tax year 2014 will have to be paid in 2015. As a consequence, we can distinguish three different situations:
- new applications or applications to extend or renew the environmental permit of which the date of receipt dates from before 5 February 2014: not subject to the new tax on parking spaces until the environmental permit is extended or renewed again (and then taxed as from 1 January of the year following the renovation or extension of the environmental permit);
- new applications or applications to extend or renew the environmental permit of which the date of receipt dates from after 5 February 2014: the new tax on parking spaces will be due as from 1 January 2015;
- parking spaces erected without a permit: the new tax on parking spaces will be due as from 1 January 2015.
Please note that as this concerns a regional tax, the tax will not be tax-deductible(i.e. disallowed expenses to be added to the taxable basis).
We would be happy to have a call with you to discuss the potential impact of this new tax on your real estate portfolio.
Grégory Jurion, Director, +32 2 710 9355
Kristof Vandepoorte, Senior Manager, +32 2 710 9314
Evelyne Paquet, Senior Manager, +32 2 710 4354