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Belgium: Parliament has adopted the law “aiming to modernise the VAT system”

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On March 2nd, 2023, the Belgian Parliament adopted the bill “aiming to modernise the VAT system and the collection of tax and non-tax receivables within the SPF Finances.”

  1. New deadline for filing quarterly VAT returns. The deadline for filing quarterly VAT returns in 2024 will be extended by five days (to the 25th of the following month instead of the 20th). For monthly filers, the filing deadline will remain unchanged (the 20th of the following month).
  2. Elimination of the VAT current account to simplify VAT refund management. The VAT current account (accessible via “MyMinfin”) allows for the management of VAT debt payments and VAT credit refunds. This account will be discontinued starting in 2024 and will be replaced by a new tool: “VAT Provision Account”. The VAT-registered person in Belgium will be able to directly request a VAT credit refund without a formal request to the administration (which is not currently the case).
  3. New procedure for VAT credit refund. Taxpayers identified for Belgian VAT who file monthly VAT returns will be eligible for monthly VAT refund (instead of quarterly as is currently the case). However, the monthly VAT refund will only apply to the relevant periodic VAT return (and not to the cumulative amounts of previous periods). The refund of accumulated VAT credits will have to be requested separately through a procedure that will be set later by royal decree. Note: VAT refund will not be granted if a VAT return has been filed late in the past six months.
  4. Proposal for a substitute VAT return. Starting in 2024, taxpayers who do not file their VAT return or file it late (three months after the filing deadline) will receive an automatic proposal for a substitute VAT return, and the VAT amount to be paid will be based on the highest payment amount made in the last twelve months (with a minimum of 2,100 euros). The taxpayer will be able to contest this decision.
  5. Délai de réponse à l’administration en cas de demande de renseignement.

    À partir de 2024, le délai légal pour répondre à une demande de renseignement de l’administration sera de 30 jours.

    Ce délai d’un mois sera ramené à dix jours dans deux cas :
    • the Treasury’s rights are in jeopardy;
    • the information request is part of an application for VAT credit refund.

If you would like to learn more about this subject, please do not hesitate to contact our experts.

Source: www.ejustice.just.fgov.be (in French)

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