| Personal Income Tax Rates – Employment Income |
Progressive tax rate: 0% – 50% (+ communal taxes). There are some tax free personal allowances available for Belgian residents and some non-residents. |
| Tax rate |
See above. |
| Tax period |
Calendar year. |
| Tax residency / Domicile according to domestic law |
Belgian internal tax law provides two criteria whereby a person could be considered to be a Belgian tax resident, for example individuals who have established their domicile or the seat of their fortune in Belgium. The place of residence is normally governed by a number of factual criteria and is generally defined as the place where an individual has its permanent home. An individual is considered a resident of Belgium if the main home or centre of economic interests is in Belgium. An individual is presumed to be a resident of Belgium when registered in the civil register (rebuttable presumption). Married persons are deemed to be residents of Belgium if their household is established in Belgium (irrefutable presumption). |
| Tax registration |
A registration is required in order to get registered as a Belgian tax payer and obtain a national (identification) number for income tax filing purposes. |
| Employment income definition |
Any remuneration and benefit in cash or in kind received by an employee for services rendered under an employment agreement (e.g. benefits in kind, cost of living allowances, home leave reimbursements, housing allowances, company car, etc.). Exceptions could occur in case of non-residents benefitting from the special tax status for foreign executives. |
| Examples of tax exemption |
Amongst others reimbursements of properly documented business expenses (including business trip expenses, per diems, etc.) are not taxable. Also certain tax free allowances and travel exclusion in view of the special tax status for foreign executives are not taxable. |
| Specific expatriate concession |
Belgium offers a very favourable tax regime for expatriates coming to Belgium. Under this special tax status, non-Belgian executives and employees who ‘temporarily’ carry out work in Belgium qualify for special tax benefits. Qualifying individuals are treated as non-residents for Belgian tax purposes and are liable to Belgian income tax only on their Belgian-sourced income (i.e. earned income, Belgian investment income and income from real estate located in Belgium). All non-Belgian sourced income is not considered as taxable income in Belgium. In order to benefit from this special tax status, a special application should be made and sent to the Belgian tax authorities within six months after the month of the start of the employment in Belgium, and should be approved by the tax authorities. This special tax status essentially provides two main benefits that are relevant for calculating taxable income: 1. There is a number of tax free allowances deemed to cover the reasonable additional expenses associated with being employed in Belgium. This allowance is tax-exempt in Belgium up to an annual limit of € 11.250 (or € 29.750 in the case of eligible employees working at control and coordination offices, research centres and scientific laboratories). 2. Individuals qualifying for the special tax status are only taxed on the part of their income and remuneration for activities actually carried out in Belgium. The part of their worldwide income that corresponds with the days worked outside Belgium is totally exempt from Belgian income tax (i.e. through the application of a foreign travel exclusion). |
| Income of board members |
The income of a board member will be taxed in the same way as regular employees. However, there are some slight differences with respect to the lump sump deduction of costs (if applicable) and the applicable social security contributions. |
| Tax returns |
Each taxable person has to file a personal income return (July 16, 2020 via Tax on Web for residents). Depending on the residency status and a possible proxy for a chartered tax advisor different deadlines could be applicable (October 22, 2020 for residents, December 3, 2020 for non residents). In general, the return must be filed electronically by October of the year following the income year for residents and November of the year following the income year for non-residents. |
| Tax payments |
The employer has the obligation to withhold the Belgian wage tax on the salary of the employee via the Belgian payroll or wage withholding tax returns (on a monthly or quaterly basis). Please note that an exemption could be possible if all conditions are fulfilled. The withheld wage tax will be settled with the Belgian income tax due on the basis of the annual personal income tax return. |
| Tax on real estate property |
|
| Social contribution (CSS) to be paid with tax |
|