Sale and Lease Back of real property: nothing changes, but does a VAT payer really have to pay back the VAT?

Upon referral from the Court of Appeal of Mons, the Court of Justice of the European Union will hear a case regarding the Belgian VAT treatment of real property acquired through sale and leaseback transactions (C-201/18 – Mydibel S.A. v État belge). The VAT payer, a producer of potato products, had given a right of emphyteusis (a temporary right in rem between 27 and 99 years) on …

Belgium Proposes VAT Regime for Real Estate Rentals

After a budget review, Belgium’s federal government proposed in its summer budget in March an optional VAT regime for rental agreements, starting October 1, 2018. For more, read the contribution in Tax Notes International or ask the author.

VAT Authorities Take Careful Step Toward Substance Over Form

In a carefully worded practice note dated October 12, the Belgian VAT authorities have announced that they are relaxing their strict adherence to the form-over-substance approach regarding the conditions for the deduction of the input VAT paid on invoices received (Practice Note 2017/C/64 relating to the invoice as a condition for the exercise of the right to deduct VAT). Until now, the VAT authorities denied …

Belgium Restricts the VAT Exemption for the Settlement of Insurance Claims

The Belgian tax authorities have announced that they will be adapting their position on the VAT exemption for insurance claims settlement services in accordance with the case law of the Court of Justice of the European Union. The new position was announced in Practice Note 2017/C/36, dated June 12. Until now, the Belgian tax authorities accepted that the services for the settlement of insurance claims …

New Tax Measures in the 2017 Budget Law

The State Gazette published the Act of December 25, 2016, which implements the 2017 budget along the lines announced at the time of the budget discussions in October 2016. To read more, click here.

Belgium simplifies proof of supply for intra-Community supplies

When a VAT payer in one EU Member State makes a supply of goods to a VAT payer in another EU Member State, that is an intra-Community supply. In such case, the place of supply is the place where the goods are delivered after dispatch or transport of the goods (article 40 of Council Directive 2006/112/EC of 28 November 2006 on the common system of …

Corporate Directors must charge VAT

Update : this obligation to charge VAT has been postponed until 1 January 2016. Individuals who have been appointed as a director or a managing director of a company are not liable to VAT. They are not obliged to register for VAT and they do not charge VAT on their director’s fees. This exemption does not extend to companies or other bodies corporate that are appointed …