Belgium to abolish the cost-sharing VAT exemption for Financial Services
Belgium will abolish the VAT exemption for cost-sharing associations (independent groups of persons) in the financial sector (banking – insurance). A draft law has been approved. This position follows the judgments of the CJEU cases DNB Banka (C-326/15) and Aviva (C-605/15) of 21 September 2017. The benefit of the exemption will be abolished as of
VAT group : VAT on services provided by head-office to fixed establishment / branch
The CJEU confirmed the application of the reverse-Skandia principle: a branch is a separate VAT taxable person from its head-office when the head-office is a member of a VAT group in another EU Member State (CJEU, C-812/19, 11 March 2021). This approach was already applied in Belgium. However, some EU Member States were not recognizing
VAT due on Aladdin services, BlackRock VAT case released – A new challenge for fund asset managers!
The VAT exemption applicable to the management of Special Investment Funds (Article 135(1)(g) of the VAT Directive) raises several issues. Those issues are related to both the concept of “management” and the “type” of funds that benefit from the exemption. The VAT Committee responded to some questions in 2017 but these concepts are certainly not
Update – Belgian tax authorities publish additional measures to mitigate the impact of the COVID-19 crisis
After the introduction of the first wave of supportive financial measures, the government has now decided to take additional measures in order to further mitigate the financial impact of the COVID-19 pandemic. In particular, the authorities are now also publishing a number of specific tax measures. With these measures, companies get an automatic extension to
Quick Fixes – Intra-Community Supplies – VAT number of your client becomes a material condition
By 1 January 2020, the EU Member States have the obligation to introduce the so-called “quick fixes” in their national VAT legislation. These “quick fixes” are 4 concrete measures that are aimed at establishing a uniform VAT treatment for certain cross-border EU supply of goods transactions. From a Belgian perspective, the draft law has recently
ECJ on sale-and-leaseback: new and interesting development in VAT
Last week the EU Court of Justice handed down a very interesting judgment regarding sale-and -leaseback transactions. The judgment radically impacts the way such and similar transactions are currently treated from a VAT perspective in Belgium. Mydibel is a regular tax payer and the owner of several buildings in Belgium. Mydibel fully recovered the VAT paid
First administrative comments on VAT on rent published!
The VAT administration published today the first commentary (Frequently Asked Questions) on the letting with VAT that came into force on 1 January 2019. For buildings that are under construction, already marketed and eligible for the optional VAT regime, it is essential to monitor the practical issues. The key points addressed in the FAQ’s are
VAT annual sales listing for 2018 transactions
Belgium requires all VAT payers to file an annual return with details about all domestic sales made in Belgium during the previous calendar year. This return, commonly referred to as the annual sales listing, includes detailed information about the sales made to VAT registered customers in Belgium. The deadline for filing this return is rapidly