Further to our previous updates on the thematic investment deduction (see our newsflash of 16 January 2025, and our newsflash of 21 May 2026), the Royal Decree of 16 June 2026 has now been published in the Belgian Official Gazette, introducing a specific transitional regime to ensure legal certainty for taxpayers investing in assets eligible for the thematic investment deduction.
As a reminder, taxpayers claiming the thematic investment deduction for qualifying assets acquired or created from 1 January 2025 onwards are required to attach a certificate issued by the competent region or federal minister to their tax return. However, the cooperation agreement governing the attestation procedure between the federal government and the regions has not yet been finalized, leaving taxpayers in a position where they cannot (always) comply with this requirement.
To address this, the Royal Decree introduces a tolerance period running from 1 January 2025 to 31 December 2026. During this period, taxpayers who have not yet received a certificate (or a refusal decision) are not required to attach one to their corporate income tax return in order to benefit from the thematic investment deduction.
Taxpayers must nevertheless keep the following documentation at the disposal of the tax authorities for each qualifying asset:
- documents or records demonstrating that the taxpayer has carried out the necessary due diligence to establish conformity with one of the investment lists referred to in article 69/1 BITC; and
- where a certificate application was already possible at the time of filing the return but no decision had yet been taken, documents or records evidencing the submission of such application.
It is important to note that the tolerance period does not exempt taxpayers from other existing administrative obligations, such as the requirement to complete and attach the form 275U to the respective tax return.
After 31 December 2026, taxpayers must — on penalty of forfeiture — be able to present a certificate. The Royal Decree does, however, provide that where the application deadline has not yet expired, or where an application has been submitted but the certifying authority has not yet issued a decision, the above-mentioned documentation is sufficient.
The Royal Decree applies to fixed assets acquired or created from 1 January 2025 onwards.
For more details on the thematic investment deduction and the impact of this Royal Decree, contact Tom Wallyn or Tim Pieters, or reach out to your regular PwC contact.
