by Bert Vandorpe and Peter Empsten
The federal government is temporarily postponing the planned VAT increase from 6% to 12% for the culture, sports, leisure and takeaway sectors. The decision follows a scathing opinion from the Council of State, which formulated major objections to the proposed reform.
Among other things, the Council of State questioned the distinction between different types of cultural events.
For example, a performance of classical music would remain under the 6% rate, while a pop concert would be taxed at 12%. According to the opinion, this distinction is insufficiently objectively and legally substantiated.
The proposed regulations also proved problematic for takeaway meals.
The criteria for determining which products would be subject to 6% or 12% VAT were too vague and difficult to apply in practice.
For these reasons, this part of the reform will be postponed for the time being.
Not all planned changes are off the table. As of March 1, the following increases will take effect:
Lodging (hotel stays, vacation rentals, campsites): from 6% to 12%
Pesticides: from 12% to 21%
The postponement does not mean a complete abandonment of the reform, but it does mean a thorough reworking. The coming period will reveal how the government plans to refine the regulations to arrive at a workable proposal.
The postponement does not mean that the VAT reform will be dropped for good. On the contrary: the government will have to thoroughly rework the regulation. The coming period will reveal how the government intends to refine the regulations to arrive at a workable proposal.
For entrepreneurs in:
culture and event organization
sports clubs and recreation sector
hospitality and takeaway
hospitality and tourism
it remains important to prepare scenarios.
After all, a change in VAT rate has a direct impact on:
your pricing
your gross margin
your competitive position
your cash flow
Would you like to know how these announced measures will affect your company concretely? Then don't hesitate to contact our experts using the form below.
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Bert Vandorpe
Manager Tax bert.vandorpe@vdl.be
Peter Empsten
Certified Tax Advisor peter.empsten@crowevdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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