Info COVID-19
What is the impact of the COVID-19 crisis on the applicable social security scheme?
On 30 March 2020, the European Commission published a fact sheet regarding frontier workers and posted workers affected by the restrictions on free movement of people within the EU as…
Info COVID-19
What are the VAT consequences if an effective refund is replaced by a new ticket or voucher for an event or booking at a later time in case an event or travel/hotel/restaurant or other booking is cancelled?
As a result of the imposed COVID-19 measures, numerous cancellations of events and bookings for flights, hotels, restaurants, etc. have occurred. In order to mitigate the loss of revenue due…
Info COVID-19
Do I already have to pay VAT on gift vouchers and other vouchers/coupons?
Gift vouchers and other coupons that can be redeemed as a full or partial consideration for the supply of a good or service may qualify as a "voucher" under the…
Info COVID-19
What is the impact of the COVID-19 crisis on the application of double tax treaties?
As a result of the COVID-19 crisis, many cross-border workers are unable to physically work from their country of employment, some have to work from home, others are laid off,…
Info COVID-19
Help, my accountant has corona and can't file my VAT return in time. Is this a valid excuse?
Here is the answer no. Being compliant with VAT reporting obligations is a requirement that belongs to the company itself. In principle, a late filing of the VAT return cannot…
Info COVID-19
Do I have to cancel my VAT number now that I no longer have outgoing transactions?
Your VAT number should not be cancelled if you, as a VAT payer, no longer carry out any VAT taxable activities for a certain period of time (e.g. due to…
Info COVID-19
I want to switch to internet sales, what are the main traps with respect to VAT?
:: UPDATE - 01/09/2020 :: A company that wants to set up a website where customers can buy goods and whereby the company facilitates the transport to the private customers…
Info COVID-19
Is there a possibility to request a VAT refund on travel vouchers when the booking is cancelled?
There are different situations conceivable here. A distinction has to be made between the situation where a traveller has booked all parts of his journey on his own (transport, hotel,…
Info COVID-19
Can I request a VAT refund as a hotel owner in case VAT has already been paid on advance payments but my clients do not show up because of the COVID-19 outbreak?
If a hotel owner is unable to provide hotel services because the customers do not show up, he can, in principle, reclaim the VAT on the advance payments through the…
Info COVID-19
Can I reclaim the VAT that has been paid on tickets for an event when the event is cancelled due to the COVID-19 outbreak?
The VAT treatment of the sale of tickets for events is the subject of discussion as there is no uniform interpretation within the EU. However, the exact VAT-qualification may have…
Info COVID-19
Are there any VAT-consequences in case I am renting a building to my tenant under the optional VAT regime but the rent payments are currently suspended?
As a landlord you can agree to temporarily suspend the rent payments from your tenants. There is no VAT due during this suspension period.
Info COVID-19
Which VAT rate applies to the supply of medical devices, medicines, etc.?
:: UPDATE - 16/02/2021 :: In the context of the COVID-19 crisis, there is a great need for medicines and medical devices, such as facemasks, respirators, etc. An important question…
Info COVID-19
As a restaurant holder, should I apply a different VAT rate when delivering meals at home?
:: UPDATE - 16/02/2021 :: In normal circumstances, restaurant and catering services, excluding the provision of beverages, are subject to the reduced VAT rate of 12%. Drinks offered as part…
Info COVID-19
Are there any consequences from a VAT perspective in case a company has to destroy or discard goods due to the COVID-19 outbreak?
It is conceivable that perishable goods such as food, flowers or perishable raw materials will become unsellable as a result of the compulsory closure of certain companies.
Info COVID-19
What are the possibilities to claim a VAT refund if an invoice is not paid or will not be paid within due time?
As a result of the COVID-19 crisis, suppliers and service providers will be more often confronted with unpaid invoices or invoices that may only be paid long after the due…
Info COVID-19
Are there any other possibilities to optimise the cashflow position of my business?
In addition to the above-mentioned special measures in the context of the COVID-19 outbreak, there are still opportunities under the existing VAT-regulation that VAT-taxable persons might use. We will list…
Info COVID-19
Can an accelerated refund of my VAT-credit be requested?
Yes, the Belgian government has granted an accelerated refund of the VAT credit with respect to the February 2020 VAT return for all companies that submit monthly VAT returns and…
Info COVID-19
What does the existing deferral measure from the Belgian government with respect to VAT include? Are there any specific formalities to be completed?
:: UPDATE - 16/02/2021 :: Through a duly motivated request that is submitted to the Regional "Tax Collectors Office" (in Dutch: Regionaal Invorderingscentrum) of the postal code of your place…
Info COVID-19
Excess amounts prepaid? Can the payments be recuperated quickly?
In the event that an excess amount has been prepaid, a request for a refund can be submitted through the MyMinfin electronic platform, until the last day of the third…
Info COVID-19
The taxable result of the current financial year is currently difficult to predict. How to proceed with tax prepayments?
During the course of the financial year, there are several due dates prior to which tax prepayments (“TPP”) can be made. For financial year 2020 (closing date on December 31),…
News
Luxembourg to deny the deduction of interest and royalty payments to blacklisted countries
On 30 March 2020, the Luxembourg Government published a draft bill of law introducing measures to deny the tax deduction of interest and royalty payments made to affiliated parties established…
Info COVID-19
Does COVID-19 provide planning opportunities in view of valuations?
Yes, uncertainty impacts certain parameters in valuations, having a negative impact on the outcome. Values of distressed companies and assets are expected to be lower than their non-distressed counterparts. Next…
Info COVID-19
Should intercompany agreements be updated in view of COVID-19?
Intercompany agreements are often the starting point in assessing transfer prices in a group context. It is very likely that the COVID-19 crisis will have an impact on terms and…
Info COVID-19
Does COVID-19 have an impact on transfer pricing policies?
COVID-19 is very likely to have a significant impact on the results of multinational companies worldwide, because of disrupted (global) supply chains, significantly impacted demand, the search of liquidity, etc.…
Info COVID-19
Have the payment periods for tax debts been deferred? Are late-payment interests and/or tax increases due in case of a deferred payment?
1. Automatic deferral for income taxes For corporate income tax, personal income tax, legal entities tax, and non-residents tax debts the payment periods have automatically been deferred by two months…
Info COVID-19
Have the deadlines for the filing of income tax returns been postponed?
The deadlines for the filing of corporate income tax, legal entities tax and non-resident/corporate tax returns that had to be filed between 16 March (incl.) and 30 April (incl.) has…
News
Luxembourg law implementing EU reporting obligations adopted
The law implementing the Council Directive (EU) 2018/822 of 25 May 2018 as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements…
Info COVID-19
International responses to COVID-19 : overview provided by WTS GlOBAL
Overview International COVID-19 measures : Our fellow members of WTS Global have collected information and advice on managing the impact of COVID-19 in their home markets. We are pleased to offer you…
Info COVID-19
Luxembourg tax and other specific measures announced.
Facing the pandemic, the Luxembourg government adopted a regulation on 18 March 2020 declaring a state of emergency and introducing several measures, including a partial lockdown, as also seen in…
Info COVID-19
Event cancelled? Check your VAT refund possibilities
The outbreak of the coronavirus has provoked an unprecedented surge of no-shows, postponements and cancellations in the event sector. In many cases, entrance tickets were already sold by the event-organizer…
Info COVID-19
Special tax measures for working from home
In these times of national lockdowns, numerous employees are encouraged or forced to work from home. In response hereto, the tax authorities have taken a number of exceptional measures.
Info COVID-19
Belgian tax measures to mitigate the impact of the Corona crisis
The Belgian government announced a series of tax measures to help mitigate the impact of the Corona crisis. These tax measures relate to income taxes, wage withholding taxes and VAT.…
News
Corona measures
Dear client, To prevent the spread of the coronavirus and to protect your health and that of our employees, extra precautions will also be taken within our organization. We want…
News
ATAD interest limitation rules finally implemented in Belgium
A long-awaited Royal Decree on the interest limitation rules provided by the Anti-Tax Avoidance Directive (‘ATAD’) was published just before the year-end (Belgian State Gazette of December 27, 2019). This…
News
Doctoral research by Kimberly Van Sande - Digitax
The world has changed considerably in the last 100 years, especially in the last decades as a result of the digital evolution. The digital evolution seems to be accelerating and…
News
International tax scribbles and scrawls
Belgian implementation of DAC6 approved at the last minute With the Act of 20 December 2019, the Belgian legislator implemented the much-discussed DAC6 at the last minute.1 The Act will enter…
News
Belgian tax administration releases Circular Letter “Transfer Pricing”
The Belgian tax administration published the Circular Letter “Transfer Pricing” (Circular Letter 2020/C/35). This document is the final version of the Circular Letter following the draft Circular Letter that was initially…
News
Top law firms ALTIUS and Tiberghien join their sports expertise in ATFIELD
Brussels – The sports departments of full service law firm ALTIUS and the tax law firm Tiberghien have joined forces to establish a new legal service provider in the sports…
Publications
Changes in tax and social security obligations affecting Belgian companies for benefits granted by foreign affiliated companies
In the first edition of the WTS Global Mobility Newsletter, Katrien Bollen talks about the changes in tax and social security obligations affecting Belgian companies for benefits granted by foreign affiliated…
News
EU VAT – quick fixes: new EU sales listing and new rules for proof of intra-Community supplies
At the end of 2019, the Belgian authorities published some necessary implementing measures for the introduction of the so-called ‘quick fixes’ (see previous newsflashes, click here and here). These new…
Publications
Comments on the Public Consultation Document in respect of the Global Anti-Base Erosion Proposal (“GloBE”) under Pillar Two
WTS Global commented on the Public Consultation Document in respect of the Global Anti-Base Erosion Proposal (“GloBE”) under Pillar Two. Koen Morbée represented Tiberghien in the submission of these comments. The…
Publications
Comments on the Secretariat Proposal for a “Unified Approach” under Pillar One
WTS Global commented on the of the Secretariat Proposal for a “Unified Approach” under Pillar One. Koen Morbée and Andy Neuteleers represented Tiberghien in the submission of these comments. You…
News
How high is the tax pressure in the cockpit?
Tax affairs International tax law has specific rules for airline staff. Contrary to what the title of this article may suggest, these special provisions not only apply to pilots and…
News
Belgians working in Luxembourg - 24-days tolerance may go up to 48 days
If a Belgian individual is working in Luxembourg, the question arises which of the two countries may tax the Luxembourgish wages. The question is not without significance in light of…
Publications
Private client law in Belgium: overview
‘Practical Law’ is the leading provider of UK, US and international legal know-how. Tiberghien (Mr. Gerd D. Goyvaerts) was asked to compile the Belgian Q&A chapter of the Private Client…
News
Luxembourg 2020 draft Budget Law - Pre-2015 tax rulings may end on 31 December 2019
On 14 October 2019, the Luxembourg Government submitted the draft Budget Law for the year 2020 to the Luxembourg Parliament.
News
Signature of an amendment to the new treaty between France and Luxembourg
As announced in our previous article, on 2 July 2019, the Luxembourg parliament approved the new double tax treaty signed between France and Luxembourg (the “New Treaty”). The New Treaty…
News
New circular letter regarding article 19bis ITC and possibilities to claim refund of withholding tax
The Belgian tax administration issued a new circular letter on article 19bis ITC (circular letter of 25.09.2019).
News
Deadline UBO registration: 30 September 2019. Sanctions as from 2020.
The law of 18 September 2017 lays down the rules regarding the framing of the UBO register. By Royal Decree of 30 July 2018, the initial deadline to submit to…
News
Newsflash: ECJ State Aid on Starbucks & Fiat
The EU General Court Tuesday ruled in favor of Starbucks and in disadvantage of Fiat on the European’s Commission claim that both companies received illegal state aid from the Dutch, respectively…
News
Deadline for the registration with the Luxembourg UBO register postponed to 30 November 2019
The Law of 13 January 2019, which implements the register of ultimate beneficial owners in Luxembourg, grants the entities concerned, following its entry into force, a 6-month delay for complying…
Events
Global Transfer Pricing Forum - Europe 2019
Publications
The uniform application of European Union law: The Court of Justice confirms its role as ultimate Cerberus
Click here for the publication in EC Tax Review 2019/3, p. 122-124.
News
New tax treaty between France and Luxembourg ratified by Luxembourg parliament
On 2 July 2019 the Luxembourg parliament approved the new double tax treaty as signed between France and Luxembourg on 20 March 2018 (the “New Treaty”). This New Treaty shall…
News
Circular 793 issued by the Luxembourg VAT authorities regarding new VAT rates applicable to electronic publications, essential hygienic items & plant protection products
At the time of the publication of the 2019 budget law on 29 April 2019, a Grand Ducal Regulation of 26 April 2019 was published. This Regulation amends the Appendix…
Publications
The changes introduced by the Belgian look-through taxation regulations or Cayman Tax 2.0
In this article a comment is given on the modifications to the Belgian ‘Cayman Tax’, applicable since 1 January 2018, and partially applicable since 17 September 2017. Notably, tax regulations…
Events
IVEA - International VAT Expert Academy
News
Interest Limitation Rules in the EU
Ivo Vande Velde, counsel at Tiberghien, took part in the 'WTS Gobal ILR Study' on the implementation of the interest limitation rules in the various EU Member States. This ILR Study…
News
VAT and intra-EU trade: companies should prepare for the 4 ‘quick fixes’ from 1 January 2020
VAT rules on intra-EU trade are currently subject to a major review on an EU level. This reform is deemed necessary to counter intra-EU fraud (see link). Although the outcome…
News
VAT Update for the Digital Economy
Tax professionals of the VAT Committee of WTS (World Tax Services), including Tiberghien's Stijn Vastmans and Stein De Maeijer and T/A economics' Andy Neuteleers, share their views on VAT issues that online…
Tiberghien Tax Law Manual
