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BELGIUM
 
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General Information

Taxation (Belgium)
 
Details of the Belgian tax system can be found at the Your Europe web site.

Income tax: For tax purposes, it is important to distinguish between residents and non-residents of Belgium.

The residence of the taxpayer and the “seat of wealth” are two alternative criteria used to determine whether an individual is a Belgian resident. The “seat of wealth” can be described as the location from which the owner manages parts of his capital. The residence is the location where the individual is actually and permanently residing.

People with their fiscal residence outside Belgium (the non-residents) are subject to Belgian tax in relation to their Belgian-sourced income only.

The following text details the regulations in accordance with the income tax as applicable for the fiscal year 2004, income 2003.

I. Nationals

In Belgium, income is divided in the following 4 categories:

  • Real estate property income
  • Estate (wealth, property) income
  • Various income
  • Professional income

In principle, all these taxes are added up and are subject to income tax, with the exclusion of moveable property income and certain specific ‘various income’ and several professional income items.

Property income is income derived form the possession of buildings and real estate.

Estate (wealth, property) income is income based on capital, i.e. interest on cash certificates and bonds and dividends paid on stock.

Various income refers to all categories of income not covered elsewhere.

Professional income is all income derived from professional activities (as a self-employed person or as an employee) and all income derived as a compensation for income from employment. Professional expenses may be deducted from the professional income.

For a family, deductible expenses will be divided proportionally between both partners in accordance with the level of their income.

For each family there art two tax assessments, the husband’s and the wife’s. These will be subject to separate income tax. Please note that individuals living together on a non-married basis will be considered as two single individuals for tax purposes.

Scales of wages of income tax (year 2000)
The tax assessment is divided into brackets. Per bracket a certain tariff is applicable:

  • € 0,01 to € 6840,00 the tariff is 25%
  • € 6840,00 to € 9740,00 the tariff is 30%
  • € 9740,00 to € 14530,00 the tariff is 40%
  • € 14530 to € 29740,00 the tariff is 45%
  • Over € 29740,00 the tariff is 50 %

For a single person, the personal tax allowance is the first bracket of € 5570,00. For a family, the personal tax allowance for each spouse is € 4610,00. There are a variety of tax allowances available relating to children, and to insurance and other items.

II. Non-residents
These taxpayers are subject to taxation based on income earned or received in Belgium. This includes:

  • Income from real estate located in Belgium
  • Salary from an employment concerning work done in Belgium

Non-residents are divided into five categories. See http://www.fiscus.fgov.be under “non-resident income tax”

For all categories of non-residents the scale of wages for income tax will apply as for nationals. For non-residents with living accommodation, taxes will be levied in the same manner as for nationals.

The deductions available to the different categories of non-residents are complex, and further advice should be obtained.


Additional taxes for non-residents: Taxes due in Belgium from non-residents are increased by additional tax of 6,7%. This can be compared to the municipal tax, which nationals pay, but the proceeds of this tax go to central rather than local government.

The specific legislation on “foreign executives” in Belgium Ci RH 624/325.294 of 8 August 1983: This specific legislation decrees that foreign executives who are temporarily stationed in Belgium will be subject to the Belgian tax for non-residents, but will be entitled to certain deductible expenses. It applies only to individuals of foreign nationality who fill positions requiring specific skill, knowledge and responsibility.

These foreign executives must be employed by organisations of an international nature, and must work within a Belgian office of an international organisation or in a Belgian organisation which is part of an international group. In these cases, tax allowances are made in respect of certain expenses relating to relocation. There are a wide variety of these deductible expenses, and those who are covered by this law should seek further advice.


Property Tax: Local pre-paid property tax (précompte immobilier/onroerende voorheffing) is assessed on the deemed rental value attributed by the authorities to the property. The rate varies between 20% and 45% of this value.


Municipal Income Tax: Municipalities may levy surcharges on the ‘national’ income tax. They levy various taxes. Most importantly, communes surcharge a tax of 0-10% on a resident’s general income tax, commonly 7 to 8%.


Value Added Tax (TVA/BTW) varies between 6% and 21%.

For further information, you can consult the websites of the Ministry of Finance:

or you can contact:

FRENCH DUTCH

Administration de la Fiscalité des Enterprises et des Revenus

Services centraux

Direction I/5 B

C.A.E. – Tour Finances

Boulevard du Jardin Botanique 50 - bte 61

1010 BRUXELLES

Personnes de contact:

Rosario Inguanta + 32 3 210 23 39

Marc Billa + 32 2 210 23 61

Administratie van de Ondernemings- en Inkomensfiscaliteit

Centrale Diensten

Directie I/5 AR.A.C. – FinancietorenKruidtuinlaan 50 – bus 61

1010 BRUSSEL

Contactpersonen:

Maggy Van Der Biest + 32 2 210 23 31

Steven Vanden Berghe + 32 2 210 43 34

Christine Delbaer + 32 2 210 24 02

Administration de la Fiscalité des Entreprises et des Revenus

Inspection Bruxelles «Etranger» A

Place Jean Jacobs 10

1000 BRUXELLES

Tél. : + 32 2 548 57 38

Contrôle Bruxelles «Etranger»

Tél. : + 32 2 548 58 06

Administratie van de Ondernemings- en Inkomensfiscaliteit

Inspectie Brussel “buitenland” A

Jan Jacobsplein 10

1000 BRUSSEL

Tel.: + 32 2 548 57 38

Controle Brussel “Buitenland”

Tel.: + 32 2 548 58 06

 

Bd. du Roi Albert II, 5, B-1210, Bruxelles, Belgique
Tel: +32 2 2240731 -- E-mail: gina.ebner@eurocadres.org