Belgium: Tighter guarantee rules for VAT registrations of foreign taxpayers

Changes in guarantee rules for VAT registrations with fiscal representation are set to take place this October in Belgium. This amendment to the current decree has been set to be implemented on October 1st, 2021 and it will change the guarantee rules to include heavier obligations for all foreign companies who want to register for VAT via a fiscal representative in Belgium.

What are the changes?

• The new legislation sets the guarantee as a necessary obligation and sets the amount at 10% of the VAT due for a 12 month period.
• The guarantee amounts are set with a minimum of  EUR 7.500 and a maximum of EUR 1 million.

Under these new rules, it seems that a minimum of EUR 7.500 will always be required when registering VAT with a fiscal representative in Belgium.

More detailed rules have been set regarding guarantee revisions.

The initial guarantee period is valid up until December 31st of the second year after which the guarantee is set. After this period a re-assessment of the placed guarantee can be done and the fiscal representative can request a revision.

Are these changes going to affect current registrations?

If the current guarantee which is set to 25% of the estimated VAT amount is already set for a taxable person then they can evaluate if they need to request a reduction, that is equal to the new standards. At the same time it is not determined if the Belgian authorities will impose the new guarantee requirements to already registered taxable persons.

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