INDIVIDUAL TAXATION

INDIVIDUAL TAXATION

Nonresidents are taxed on their Belgian-sourced income. Married couples are taxed separately on their earned income but their other items of income are aggregated and included in the taxable income of the spouse with the higher income.

INCOME TAX (PIT)

Income tax is levied at progressive rates. The tax bands are adjusted annually.

INCOME TAX 2019
TAXABLE INCOME (€)	TAX RATE
Up to €13,250	25%
€13,250 - €23,390	40% on band over €13,250
€23,390 - €40,480	45% on band over €23,390
Over €40,480	50% on all income over €40,480
Source: Global Property Guide

INCOME TAX 2018
TAXABLE INCOME (€)	TAX RATE
Up to €12,990	25%
€12,470 - €20,780	40% on band over €12,990
€22,290 - €39,660	45% on band over €22,290
Over €39,660	50% on all income over €39,660
Source: Global Property Guide

INCOME TAX 2017
TAXABLE INCOME (€)	TAX RATE
Up to €10,860	25%
€10,860 - €12,470	30% on band over €10,860
€12,470 - €20,780	40% on band over €12,470
€20,780- €38,080	45% on band over €20,780
Over €38,080	50% on all income over €38,080
Source: Global Property Guide

INCOME TAX 2016
TAXABLE INCOME (€)	TAX RATE
Up to €8,710	25%
€8,710 - €12,400	30% on band over €8,710
€12,400 - €20,660	40% on band over €12,400
€20,660 - €37,870	45% on band over €20,660
Over €37,870	50% on all income over €37,870
Source: Global Property Guide

RENTAL INCOME

Nonresidents renting out their property will be taxed on rental income exceeding €2,500. Rental income below the limit need not be reported in a nonresident income tax return, provided that it is the only source of income in the country.

Taxable income is based on the ´cadastral income´, which is the property´s deemed income. This is an annual indexed value determined by the tax authorities, but in practice the 1975 index is used, so that cadastral income values tend to be lower than actual rental incomes.

The cadastral value is increased by 40%, minus deductible expenses (which includes depreciation, repairs, maintenance, renovations, interest payments, as well as real estate and inheritance tax payments). The expenses relating to immovable property are computed on a flat basis depending on whether the property is built upon or not (which result in a deduction of 40% or 10%, respectively).

Depreciation for rented property is computed through the straight-line (property value - scrap value/estimated life) method. The annual depreciation rate of real estate is around 3% of the property´s investment value based on the original acquisition cost.

CAPITAL GAINS TAX

Generally, capital gains realized by individuals not engaged in business activities are not taxable. However, specific cases are subject to separate taxation.

For developed immovable property sold within five years of acquisition, a 16.5% capital gains tax is levied. After a holding period of five years, no capital gains tax is payable.

Capital gains tax is levied at 16.5% for undeveloped immovable property sold after five years of acquisition but within eight years of acquisition.

Capital gains tax is levied at 33% for speculative transactions and for undeveloped property sold within five years of acquisition.

However, if the property is sold within 2 years, the seller can claim back around 44% of the taxes and fees paid. All expenses incurred related to the property value are deductible, subject to proper documentation.

PROPERTY TAX

Real Estate Tax (Onroerende Voorheffing/ Pre compte Immobilier)

A levy known as "immovable withholding tax" is imposed on the deemed income from immovable property located in Belgium. Although called "withholding tax", this tax is levied by assessment. Tax on immovable property is levied on the cadastral value of the property at rates ranging from 1.25% to 2.5% depending on the location.

REAL ESTATE TAX
PROPERTY LOCATION	TAX RATE
Flemish region	2.50%
Walloon region	1.25%
Brussels region	2.25%

The tax rate is 2.5% for the Flemish region, while it is 1.25% for the Walloon region and 2.25% for the Brussels regions. Municipal surcharges increase the effective rate to between 18% and 50% or more, depending on the municipality where the property is located.

Municipal Tax

The municipalities may levy surcharges on the national income tax. Regional governments are also entitled to levy surcharges on income tax. The rates vary from 0% to 8.5%, and the average rate is 7% to 7.5%.

Nonresidents receiving taxable income exceeding €2,500 from Belgian immovable property must pay a municipal surtax fixed at 7%.

CORPORATE TAXATION

INCOME TAX

Income and capital gains of companies are subject to the flat corporate tax rate of 29.58%. Income-generating expenses are deductible when calculating taxable income.

Subject to certain conditions, some companies may elect to be taxed at reduced progressive tax rates. One condition is that taxable income must be less than or €100,000.

REDUCED PROGRESSIVE INCOME TAX FOR INCOME 2018 AND 2019
TAXABLE INCOME (€)	TAX RATE
Up to €100,000	20.30%
Over €100,000	29.58%
Source: Global Property Guide

Corporate income tax will be levied at a flat rate of 25% for income 2020. The crisis tax will be cancelled in 2020.

Corporate income tax is levied at a flat rate of 30% and a surcharge of 3% (33.99%) for income 2017.

Subject to certain conditions, some companies may elect to be taxed at reduced progressive tax rates. One condition is that taxable income must be less than or €322,500.

REDUCED PROGRESSIVE INCOME TAX FOR INCOME 2017
TAXABLE INCOME (€)	TAX RATE
Up to €25,000	24.25% + 3% surcharge (24.98%)
€25,000 - €90,000	31.00% + 3% surcharge (31.93%)
€90,000 - €322,500	34.50% + 3% surcharge (35.54%)
Source: Global Property Guide