Law of 25 December 2017 containing various fiscal provisions IV

FEDERAL PUBLIC SERVICE FINANCES
[C − 2017/14381]
25 DECEMBER 2017. — Law containing various fiscal provisions IV (1)

PHILIPPE, King of the Belgians,
To all, present and future, Greetings.

The Chamber of Representatives has adopted and We sanction the following:

TITLE 1. — General provision

Article 1. This law regulates a matter referred to in Article 74 of the Constitution.

TITLE 2. — Fiscal provisions

CHAPTER 1. — Modifications regarding income taxes

Section 1. — Meal vouchers

Art. 2. In Article 38, § 1, first paragraph, 25°, of the Income Tax Code 1992, inserted by the law of 22 December 2009, the word "meal vouchers" is replaced by the words "electronic meal vouchers".

Art. 3. In Article 38/1 of the same Code, inserted by the law of 22 December 2009 and modified by the laws of 14 April 2013 and 6 December 2015, the following modifications are made:
1° in § 1, 1°, the word "meal vouchers" is replaced by the words "electronic meal vouchers"; 2° in § 2, the word "meal vouchers" is replaced each time by the words "electronic meal vouchers", and the word "meal voucher" is replaced each time by the words "electronic meal voucher".

Art. 4. In Article 53, 14°, of the same Code, replaced by the law of 22 December 2009 and modified by the law of 6 December 2015, the word "meal vouchers" is replaced by the words "electronic meal vouchers", and the word "meal voucher" is replaced by the words "electronic meal voucher".

Section 2. — SIR (Investment Companies)

Art. 5. In Article 203 of the same Code, last modified by the law of 1 December 2016, the following modifications are made:
1° in paragraph 1, first paragraph, 2°, the words "other than those referred to in 2°bis" are inserted between the words "an investment company" and the words "which, although"; 2° in paragraph 1, first paragraph, 2°bis, the second paragraph is repealed; 3° in paragraph 1, first paragraph, 5°, the words "or an company referred to in 2°bis" are inserted between the words "an investment company" and the words ", which redistributes dividends"; 4° in paragraph 2, second paragraph, the words "deduction conditions referred to in § 1, 1° to 4°" are replaced by the words "deduction conditions referred to in § 1, first paragraph, 1° to 4°"; 5° in paragraph 2, fifth paragraph, the words "Paragraph 1, 2° and 5°" are replaced by the words "Paragraph 1, first paragraph, 2° and 5°"; 6° in paragraph 2, a paragraph is inserted between the fifth and sixth paragraphs, worded as follows:
"Paragraph 1, first paragraph, 2°bis, does not apply to the part of the allocated or attributed income that comes from income of immovable property:

• which is located in another Member State of the European Union or in a State with which Belgium has concluded a convention for the prevention of double taxation, provided that this convention or any other agreement provides for the exchange of information necessary for the application of the national legal provisions of the contracting States, and;
• which have been subject to corporation tax, non-resident tax, or a foreign tax analogous to these taxes, and do not benefit from a tax regime that deviates excessively from common law."
  7° in paragraph 2, former seventh paragraph, becoming the eighth paragraph, the words "Paragraph 1, 5°" are replaced by the words "Paragraph 1, first paragraph, 5°"; 8° in paragraph 3, the words "§ 1, 5°" are replaced by the words "§ 1, first paragraph, 5°" and the words "companies referred to in § 1, 1° and 2°" are replaced by the words "companies referred to in § 1, first paragraph, 1° to 2°bis"; 9° a paragraph 5 is inserted, worded as follows:
  "§ 5. For the granting of the definitively taxed income regime to dividends originating from investment companies with fixed capital in real estate or from companies referred to in § 1, first paragraph, 2°bis, the 80 pct. threshold referred to in § 2, second paragraph, is deemed fulfilled when these investment companies have distributed the net proceeds in application of, respectively, Article 27, § 1, of the Royal Decree of 7 December 2010 regarding real estate SICAVs, Article 13, § 1, of the Royal Decree of 13 July 2014 regarding regulated real estate companies, and Article 22 of the Royal Decree of 9 November 2016 regarding specialized real estate investment funds, and this to the extent that they are obliged to do so in application of the aforementioned articles."

Art. 6. The provisions of this section enter into force on the day of the publication of this law in the Belgian State Gazette.

Section 3. — Salaries paid by international tribunals

Art. 7. Article 155, second paragraph, of the same Code, inserted by the law of 27 December 2005 and replaced by the law of 22 December 2009, is supplemented with a third dash, worded as follows:
"- salaries paid or attributed by a foreign or international court or body with a judicial character referred to in the law of 29 March 2004 concerning cooperation with the International Criminal Court and the international criminal tribunals."

Art. 8. This section enters into force on the day on which this law is published in the Belgian State Gazette and applies to salaries paid or attributed from 1 January 2017.

Section 4. — Various modifications

Art. 9. In Article 179/1 of the same Code, inserted by the law of 25 December 2016, the words "Without prejudice to the application of Article 182, are the" are replaced by the word "The" and the word "are" is inserted between the words "Articles 194ter and 194ter/1," and the words "subject to corporation tax".

Art. 10. In Article 180, first paragraph, 2°, of the same Code, replaced by the law of 27 December 2006 and modified by the laws of 21 December 2013 and 18 December 2016, the following modifications are made:
1° in the French text, the words "Port of Antwerp and Port of Ghent" are replaced by the words "Port of Antwerp and Port of Ghent"; 2° the words "the NV Waterwegen en Zeekanaal, the NV De Scheepvaart" are replaced by the words "the NV De Vlaamse Waterweg"; 3° the words "the Maatschappij der Brugse Zeevaartinrichtingen" are replaced by the words "Maatschappij van de Brugse Zeehaven".

Art. 11. In Article 205/4, § 3, third dash, of the same Code, inserted by the law of 9 February 2017, the words "linear spreading method referred to in Article 205/2, § 2, second paragraph" are replaced by the words "linear spreading method referred to in Article 205/2, § 2, third paragraph".

Art. 12. In Article 219bis of the same Code, last modified by the law of 13 December 2012, the following modifications are made:
1° in paragraph 2, first paragraph, the words "as it existed before the repeal by Article 49 of the law of 18 December 2015," are inserted between the words "In the name of the companies as mentioned in Article 216, 2°, a," and the words "and of the companies as referred to in Article 216, 2°, b, recognized"; 2° paragraph 2 is supplemented with a fourth paragraph, worded as follows:
"In the name of the companies referred to in Article 216, 2°, a, as it existed before the repeal by Article 49 of the law of 18 December 2015, only the reserves that were established during a taxable period linked to a tax year preceding the tax year 2017 are taken into account." 3° paragraph 3 is supplemented with a third paragraph, worded as follows:
"The first and second paragraphs also apply, in the name of the companies referred to in Article 216, 2°, a, as it existed before the repeal by Article 49 of the law of 18 December 2015. In this case, only the dividends that originate from reserves that were established during a taxable period linked to a tax year preceding the tax year 2017 are taken into account." 4° the article is supplemented with a paragraph 4, worded as follows:
"§ 4. For the application of this article, the oldest formed reserves are deemed to have been affected first."

Art. 13. In Article 227/1 of the same Code, inserted by the law of 25 December 2016, the words "Without prejudice to the application of Article 182, are the legal entities" are replaced by the words "The legal entities", the word "are" is inserted between the words "Article 179/1," and the words "subject to tax", and the words "on the basis of Article 194ter/1" are replaced by the words "on the basis of Article 194ter or 194ter/1".

Art. 14. In Article 313, first paragraph, of the same Code, replaced by the law of 27 December 2012 and modified by the laws of 10 August 2015, 26 December 2015 and 25 December 2016, the words "mentioned in Article 90, first paragraph, 6°, 9° and 11°" are replaced by the words "referred to in Article 90, first paragraph, 6° and 11°".

Art. 15. In Article 375, § 1, of the same Code, replaced by the law of 15 March 1999 and modified by the law of 27 April 2016, the second paragraph is replaced as follows:
"However, he may annul the assessment or grant relief resulting from the total or partial acceptance of the objections raised by the taxpayer or by his spouse on whose property the assessment is collected, by means of the registration, in the name of the concerned taxpayer, of the relieved or annulled amount in a roll that is declared enforceable. In all cases, the notification of the decision is made by registered letter. This decision is irrevocable if no action has been brought before the court of first instance within the period mentioned in Article 1385undecies of the Judicial Code."

Art. 16. Article 380 of the same Code, repealed by the law of 15 March 1999, is restored as follows:
"Art. 380. The General Advisor of the administration responsible for the establishment of income taxes or the official delegated by him may execute the judicial decision granting relief or annulling an assessment by means of the registration, in the name of the concerned taxpayer, of the relieved or annulled amount in a roll that is declared enforceable."

Art. 17. In Article 416, second paragraph, of the same Code, as it existed before being amended by the law of 26 May 2016, the words "in accordance with Article 194ter, § 4, second paragraph," must be read, as of 8 July 2013, for framework agreements concluded before 1 July 2016, as "in accordance with Article 194ter, § 4, fourth paragraph."

Art. 18. In Article 541 of the same Code, inserted by the Programme Law of 10 August 2015, the following amendments are made:

1° in paragraph 2, 5°, the word "the" is inserted between the words "the amount of" and the words "referred to in this paragraph" and the words "the amounts referred to in 4°" are replaced by the words "the amounts referred to in 4°";

2° in paragraph 2, 8°, the words "the special declaration referred to in 7°" are replaced by the words "the special declaration referred to in 7°";

3° between the second and third paragraphs, a paragraph 2/1 is inserted, reading:

"§ 2/1. A company that does not account by calendar year, and whose taxable reserves for the assessment year 2012, given the date of the general meeting as provided for in the Companies Code, did not qualify for the application of Article 537, may also establish a liquidation reserve on one or more separate accounts of the liability, to the extent of part or all of the accounting profit after tax of the financial year linked to the assessment year 2012, provided that the following conditions are met:

1° the company is considered a small company on the basis of Article 15 of the Companies Code for the financial year linked to the assessment year 2012;

2° the company pays by 31 March 2018 a special assessment of 10%, which for the purposes of this Code is equated to the separate assessment referred to in Article 219quater, the base of which as well as the application and payment modalities are determined in §§ 3 and 4;

3° the liquidation reserve is booked on one or more separate accounts of the liability by the end of the financial year in which the special assessment referred to in 2° is paid;

4° the amount of the liquidation reserve referred to in this paragraph does not exceed the amount of the accounting profit after tax for the taxable period linked to the assessment year 2012;

5° the amount of the liquidation reserve referred to in this paragraph is limited to the amounts referred to in 4° that are still booked in reserves at the beginning of the financial year in which the payment of the special assessment referred to in 2° was made;

6° the establishment of the liquidation reserve referred to in this paragraph is done in compliance with legal and possible statutory obligations;

7° the company files by the date of payment of the special assessment referred to in 2°, with the competent service of the administration responsible for collection and recovery, a special declaration informing it of its name and tax identification number as well as the taxable base, the rate, the amount of the aforementioned special assessment and confirmation that the company met all conditions of Article 15 of the Companies Code for the financial year linked to the assessment year 2012;

8° the company attaches a copy of the special declaration referred to in 7° to the corporate income tax return for the assessment year linked to the taxable period in which the special assessment was paid;

9° the annual accounts relating to the financial year linked to the assessment year 2012 are either filed on 31 March 2013 or, for companies that close their accounts on a date falling from 1 September 2012 to 30 December 2012 inclusive, at the latest seven months after the date of closure of the financial year, or, for companies referred to in Article 97 of the Companies Code, approved by the general meeting in accordance with Article 92 of that Code and submitted together with the corporate income tax return for the relevant assessment year;

10° Article 537 was not applicable to the company for the assessment year 2012 given the date of the general meeting as provided for in the Companies Code."

4° in paragraph 3, second paragraph, the word "linked" is inserted between the words "that is linked" and the words "the assessment year 2014";

5° in paragraph 3, between the second and third paragraphs, a paragraph is inserted, reading:

"The base of the special assessment referred to in § 2/1, 2°, is formed by the part or the whole of the accounting profit after tax for the financial year linked to the assessment year 2012 and which is booked on one or more separate accounts of the liability within the limits and according to the conditions referred to in § 2/1."

6° in paragraph 3, former fourth paragraph, which becomes the fifth paragraph, the words "and § 2, 2°" are replaced by the words "§ 2, 2°, and § 2/1, 2°";

7° in paragraph 4, the first and second paragraphs are replaced as follows:

"The King determines the form and content of the special declaration referred to in § 1, 7°, in § 2, 7°, and in § 2/1, 7°.
The assessments referred to in § 1, 2°, § 2, 2°, and § 2/1, 2° are payable by respectively 30 November 2015, 30 November 2016 and 31 March 2018 to the account of the competent service of the administration responsible for the collection and recovery of income taxes."

Art. 19. In Article 93 of the law of 26 December 2015 concerning measures regarding the strengthening of job creation and purchasing power, the words "seventh and eighth paragraphs" are replaced by the words "sixth and seventh paragraphs" and the words "law of 26 June 2013" are replaced by the words "law of 28 June 2013".

Art. 20. Article 10 enters into force on 1 January 2018.

Articles 16 and 18 enter into force on the day this law is published in the Belgian State Gazette.

Article 19 applies to income paid or attributed from 1 January 2016.

Article 12 applies from assessment year 2018.

CHAPTER 2 — Amendments to Articles 120bis, 121 and 126/1 of the Code of Various Duties and Taxes

Art. 21. Article 120bis of the Code of Various Duties and Taxes, inserted by the law of 24 December 1993 and amended by the laws of 20 March 1996, 27 December 2006 and 12 May 2014, is replaced as follows:

"Art. 120bis. For the purposes of this title, it is understood:

1° by collective investment undertaking:

• a common investment fund or an investment company as referred to in Part II of the law of 3 August 2012 concerning collective investment undertakings which meet the conditions of Directive 2009/65/EC and undertakings for investment in debt claims;
• a common investment fund or an investment company as referred to in Part III of the law of 19 April 2014 concerning alternative collective investment undertakings and their managers;
• another undertaking which is considered or equated, under the law of another EEA member state, as a collective investment undertaking in securities within the meaning of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) or an alternative investment fund within the meaning of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on managers of alternative investment funds and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010, and which is thus regulated and subject to registration, notification or reporting with the competent authority of another EEA member state;

2° by regulated real estate company: any public or institutional regulated real estate company, referred to in Article 2 of the law of 12 May 2014 concerning regulated real estate companies;

3° by capitalisation share: a share issued by an investment company referred to in 1°, first or second indent, for which the company's statutes do not provide for the distribution of the net proceeds and which is not referred to in Article 19, § 1, 4°, of the Income Tax Code 1992."

Art. 22. In Article 121, § 1, first paragraph, 1°, of the same Code, inserted by the law of 24 December 1993 and lastly amended by the law of 19 December 2014, the words "rights of participation of investment funds; securities, other than rights of participation of investment funds, issued by natural or legal persons established in Belgium, as representation or consideration for shares, bonds or any other securities issued by third companies, collectivities or authorities or quantities of such shares, bonds or securities; shares issued by an investment company or by a regulated real estate company;" are replaced by the words "securities, other than rights of participation of investment funds, issued by natural or legal persons established in Belgium, as representation or consideration for shares, bonds or any other securities issued by third companies, collectivities or authorities or quantities of such shares, bonds or securities; shares issued by a regulated real estate company; shares or rights of participation issued by a collective investment undertaking;".

Art. 23. In Article 126/1 of the same Code, inserted by the law of 13 August 1947, and lastly amended by the law of 3 August 2016, the provision under 3° is replaced as follows:

"3° transactions having as their object the rights of participation of a collective investment undertaking reserved for institutional or professional investors, or the rights of participation of an institutional regulated real estate company;".

Art. 24. This chapter enters into force on 1 January 2018.

CHAPTER 3. — Amendment of the General Law on Customs and Excises of 18 July 1977

Art. 25. Article 129-2 of the General Law on Customs and Excises of 18 July 1977, inserted by the law of 12 May 2014, is repealed.

CHAPTER 4. — Repeal of Article 429, § 2, m), of the Programme Law of 27 December 2004

Art. 26. Article 429, § 2, m), of the Programme Law of 27 December 2004, lastly amended by the law of 18 December 2015 containing various provisions concerning excise goods, as well as amendments to the General Law of 18 July 1977 on Customs and Excises, is repealed.

CHAPTER 5. — Amendments to the Code of Registration, Mortgage and Court Fees

Art. 27. Article 40 of the Code of Registration, Mortgage and Court Fees is repealed.

Art. 28. Article 256 of the same Code, replaced by the law of 1 July 1983 and amended by the laws of 22 July 1993 and 13 April 1995 and by the Royal Decrees of 20 July 2000 and 13 July 2001, is repealed.

Art. 29. Article 257 of the same Code, replaced by the law of 1 July 1983, is repealed.

Art. 30. Article 258 of the same Code is repealed.

CHAPTER 6. — Amendments to the Inheritance Duties Code

Art. 31. In Article 156 of the Inheritance Duties Code, as amended by the laws of 14 August 1947, 22 December 1989, and 2 May 2002, and by the Royal Decree of 13 July 2001, the following amendments are made:

1° in the first paragraph, the amount "125 EUR" is replaced by the amount "500 euro";

2° in the third paragraph, the word "EUR" is replaced by the word "euro".

Given in Brussels, 25 December 2017.

FILIP
By the King:
The Minister of Finance,
J. VAN OVERTVELDT
Sealed with the Seal of the State:
The Minister of Justice,
K. GEENS

Note
(1) Chamber of Representatives (www.dekamer.be) * Documents: K54-2792

CHAPTER 6. — Modifications in the Inheritance Duties Code

Art. 31. In Article 156 of the Inheritance Duties Code, modified by the laws of 14 August 1947, 22 December 1989, and 2 May 2002, and by the Royal Decree of 13 July 2001, the following modifications are made:

1° in the first paragraph, the amount "125 EUR" is replaced by the amount "500 euros";

2° in the third paragraph, the word "EUR" is replaced by the word "euros".

Given in Brussels, 25 December 2017.

PHILIPPE
By the King:
The Minister of Finance,
J. VAN OVERTVELDT
Sealed with the Seal of the State:
The Minister of Justice,
K. GEENS

Note
(1) Chamber of Representatives (www.lachambre.be) Documents: K54-2792

116422 MONITEUR BELGE — 29.12.2017 — BELGISCH STAATSBLAD