Belgium

Details

  • Service: Tax & Legal
  • Type: Publication series
  • Date: 06/12/2012

Peter Ackerman

Peter Ackerman

Tax Partner

+32 (0)27083813

New VAT rules as from 2013 for long-term leasing of vehicles 

As from 1 January 2013, the place of supply rules concerning long-term lease of vehicles to non-business customers (B2C), including the leasing of company cars to employees for consideration (actual payment or salary sacrifice), will be subject to a significant change. Long-term lease of vehicles (which comprises cars, trucks, aircraft, motorcycles and railway wagons) means leasing a vehicle for a continuous period exceeding 30 days. For vessels, the threshold of 90 days has to be exceeded.

Belgium must adapt its VAT legislation concerning long-term leasing of vehicles. As is prescribed by the VAT package approved in 2008 for non-business customers, the place of supply will shift to the place where the consumer is established, has his permanent establishment or usually resides, whereas the long-term lease is now (and still until the end of 2012) subject to VAT in the country where the lessor is established. As a consequence, from 2013 on, the lessor must charge VAT of the EU Member State of establishment of the consumer, i.e. the place where the natural person is entered in the population register, even if the lessor is not established in that EU Member State.


This means that Belgian VAT will be due if the consumer is established in Belgium, regardless of where the lessor is established. In order to fulfill its legal obligations as VAT-able person, who is liable for the payment of the Belgian VAT, the lessor (which is established in the EU) has to register for Belgian VAT purposes. This will most likely decrease dramatically the often applied practice, which consists of leasing vehicles in Luxembourg at the lower local VAT rate of 15 percent.

 

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