Fiscal Guide Car Taxation - ALD Automotive
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Introduction Would you like to know the latest news about car taxation? We have compiled the most important details for you in this handy guide. This guide will tell you everything you need to know about CO2 contributions, and you can also find out more about 'benefit in kind'. Need more information? Visit FOD Finance's website for clarification about: The purchase of a car: https://financien.belgium.be/nl/particulieren/vervoer/aankoop_van_een_voertuig The use of a car: https://financien.belgium.be/nl/particulieren/vervoer/bedrijfswagens Table of content Introduction 2 Registration tax 3 Road tax 4 CO2 Contribution 5 Vat-Deduction 6 Tax Deductibility of car costs 8 Benefit in kind 10 Total Cost Of Ownership (TCO) 12 2 I ALD Automotive Fiscal Guide I Car Taxation
Registration Tax The Registration Tax is claimed just once, when If the capacity of one and the same engine, passenger cars, dual-use cars, minibuses or expressed in tax horsepower or in kW, yields a motorcycles are put into service on public roads. different amount in reality, the higher amount of If a vehicle is registered in the leasing company's tax will be due. name, BIV is included in the monthly lease charge. The tax takes into account the age of the vehicle, For a company car, the BIV is calculated on the with the date of first registration in Belgium or basis of the engine power, expressed in tax abroad being decisive. horsepower (hp) or in kilowatts (kW). BRUSSELS-CAPITAL REGION Tax on entry into service valid from 1 July 2021 to 30 June 2022 applicable to diesel or petrol vehicles CYLINDER IN NEW AND < 1 TO < 2 TO < 3 TO < TAX HP KW LITERS 1 YEAR OLD 2 YEARS OLD 3 YEARS OLD 4 YEARS OLD 0,1 - 1,5 0-8 0 -70 € 61,50 € 61,50 € 61,50 € 61,50 1,6 - 1,9 9 - 10 71 - 85 € 123,00 € 110,70 € 98,40 € 86,10 2 - 2,1 11 86 - 100 € 495,00 € 445,50 € 396,00 € 346,00 2,2 - 2,7 12 - 14 101 - 110 € 867,00 € 780,30 € 693,60 € 606,90 2,8 - 3 15 111 - 120 € 1.239,00 € 1.115,10 € 991,20 € 867,30 3,1 - 3,4 16 - 17 121 - 155 € 2.478,00 € 2.230,20 € 1.982,40 € 1.734,60 ≥ 3,5 > 17 > 155 € 4.957,00 € 4.461,30 € 3.965,60 € 3.469,90 The amount of registration tax due for an EV is determined by the minimal rate of € 61,50. Source: https://fisc.brussels/ T WALLOON AND FLEMISH REGION Please consult the websites below for information on the Registration Tax in Wallonia and Flanders: http://www.wallonie.be/fr/taxe-de-mise-en-circulation https://www.vlaanderen.be/belasting-op-de-inverkeerstellingv 3 I ALD Automotive Fiscal Guide I Car Taxation
Road tax Road Tax (VB) is payable yearly. The first period Road Tax is determined by the tax horsepower begins on the first day of the month in which the (hp) of the vehicle and indexed yearly on vehicle is registered by the DIV. When the vehicle 1 July to the general index of consumer prices. is registered in the name of the leasing company, Cancelling the registration by returning the Road Tax is included in the monthly charge. number plate to the DIV puts an end to the tax. The settlement takes place on the basis of full months. Road tax valid from 1 July 2021 to 30 June 2022 applicable to diesel or petrol vehicles CYLINDER CAPACITY AMOUNT OF THE TAX HORSEPOWER (HP) (IN LITRES) CIRCULATION TAX 0 - 0,7 4 and less 85,27 € 0,8 - 0,9 5 106,66 € 1 - 1,1 6 154,04 € 1,2 - 1,3 7 201,30 € 1,4 - 1,5 8 248,95 € 1,6 1,7 9 296,60 € 1,8 - 1,9 10 343,73 € 2,0 - 2,1 11 446,03 € 2,2 - 2,3 12 548,33 € 2,4 - 2,5 13 650,36 € 2,6 - 2,7 14 752,66 € 2,8 - 3 15 854,96 € 3,1 - 3,2 16 1.119,89 € 3,3 - 3,4 17 1.384,94 € 3,5 - 3,6 18 1.650 € 3,7 - 3,9 19 1.914,53 € 4 - 4,1 20 2.179,58 € The amount of the yearly road tax due for an EV is determined by a minimal rate of € 85,27. Source : https://fisc.brussels/ WALLOON AND FLEMISH REGION Please consult the websites below for information on Road Tax in Wallonia and Flanders: http://www.wallonie.be/fr/taxe-de-circulation https://belastingen.vlaanderen.be/jaarlijkse-verkeersbelasting 4 I ALD Automotive Fiscal Guide I Car Taxation
CO2 contribution The 'solidarity contribution' or ' CO2 contribution' The CO2 contribution is indexed on 1 January is an employer contribution payable alongside every year. On 1 January 2021 the indexation the RSZ on company cars which are also used for coefficient increased from 1,3078 to 1,3222. private purposes. The minimum contribution per month from It is payable every three months, at the same times 1 January 2021 is fixed at € 27,54 (€ 27,24 in 2020, as social security contributions for employees. these being for an electric or hydrogen-powered vehicle). The solidarity contribution depends on the CO2 emission levels of the vehicle, and also on the type To calculate the CO2 contribution liability of a of fuel. vehicle, its CO2 value under item 49.1 of the COC must be used. The contribution is payable no matter in what way the vehicle was purchased, and for any other type For more information, please consult the detailed of use than professional purposes. FAQ by FOD Finance: The contribution is not payable by self-employed https://financien.belgium.be/nl/ondernemingen/ business owners, nor self-employed people in vennootschapsbelasting/voordelen_van_alle_ general. aard/bedrijfswagens Calculation of the co2-contribution DIESEL (including diesel plug-in hybrid) If the CO2 is known: [(( CO2 emission x € 9) - € 600) / 12] x 1,3222 If the CO2 is unknown: [((165 x € 9) - € 600)/12] x 1,3222 = € 97,51 PETROL (including petrol hybrid and petrol plug-in hybrid) If the CO2 is known: [(( CO2 emission x € 9) - € 768) / 12] x 1,3222 If the CO2 is unknown: [((182 x € 9) - 768) / 12] x 1,3222 = € 95,86 LPG AND CNG [(( CO2 emission x € 9) - € 990) / 12] x 1,3222 It is best to note here that the original CO2 value of the petrol car is used, i.e. the value for mounting the LPG or CNG installation. ELECTRIC OR HYDROGEN 20,83 x 1,3222 = € 27,54 Example of a monthly co2 contribution SPECIFICATIONS OF THE VEHICLE: CO2-emission: 99 g/km FUEL TYPE: Diesel Calculation of the CO2-contribution: ((99 x € 9) - € 600)/12 x 1,3222 = € 32,06/month. 5 I ALD Automotive Fiscal Guide I Car Taxation
VAT deduction Is the company or self-employed person liable for METHOD 2: SEMI-FLAT-RATE VAT? Then the VAT on the purchase and running CALCULATION OF THE PROFESSIONAL costs of a company vehicle may be fully or partly USE deducted. In order to allow a taxable person who does not The right to VAT deduction on company cars only ap- wish to keep records of journeys to determine the plies when they are used for professional purposes. professional use of each individual vehicle in a way Even then, the maximum deduction is 50%. that is related to its actual use, the administration The rules for determining the deduction of VAT on accepts the following formula for the sake of company assets that are also used for private pur- simplification: poses have been bundled into the Circulaire AA Fisc % Private = N° 36/2015 (n° E.T.119.650) of 23 November 2015. (Distance between home and work in km x Vat deduction without the 2 x 200 working DAYS) + 6.000 private km x 100 payment of a contribution __________________________________ by the employee Total distance in km % Professional = 100% - % Private In this context, three methods for keeping a distinc- tion between the private and professional use of the vehicle are available. With this method, it is necessary to determine the use of each means of transport individually. This METHOD 1: LOGBOOK FOR calculation serves as a basis for determining the right PROFESSIONAL JOURNEYS to deduction, but also the application of article 45, § 2 of the VAT Code (maximum deduction of 50%) must The taxable person keeps a logbook, filled in manu- not be overlooked. ally (paper or app) or automatically (customised GPS system). Please note that methods 1 and 2 can be cumulated within the same fleet. This means that the choice In this method, the use of each means of transport is of method can be made for each individual vehicle. determined separately. A meticulous travel logbook The choice of method 1 or 2 applies to the (current) is kept as the basis for the right to deduction. In calendar year. addition, the application of article 45, § 2 of the VAT Code (maximum deduction of 50%) must be taken into account. METHOD 3: FLAT-RATE DEDUCTION This method requires records to be kept of the date Since the application of methods 1 and 2 to several of each journey, start and end addresses, kilometres means of transport results in a significant adminis- travelled per journey, total kilometres travelled per trative burden, the administration accepts that the day, and the start and end positions of the annual taxable person may determine professional use by mileage. means of a general flat-rate tax. Professional use is determined as follows: % Professional = 35% % Professional = This method must be applied to all vehicles used, Total kilometres for professional use x 100 both for economic activity and for other purposes, __________________________________ and must be applied during the term of the contract Total distance in km if less than 4 years or at least 4 financial years if the term is more than 4 years. Please note: the taxable person may not combine method 3 with any other method. 6 I ALD Automotive Fiscal Guide I Car Taxation
Vat deduction with a contribution by the employee When a company car is made available in exchange The normal value is calculated as follows: for payment, a ‘rental’ situation is applicable, which is taxable (amounting to 21%). In addition, Normal Value = the employer can deduct 50% of the VAT on the auto CAR costs x (50% - % costs. On the one hand, the employee can deduct Actual Professional Use) the VAT according to one of the methods mentioned above. On the other hand, the calculation basis on The % of actual professional use is the share of the which VAT is payable may not be lower than the professional use of the vehicle, determined according ‘normal value’. If this is the case, there will be an to one of the above methods. addition to the VAT levy. The car costs are the taxable amount for the rental of a vehicle as well as the other expenses on which VAT is levied. Example with contribution Read more from the employer The full text of the Circulaire AAFisc Nr. 36/2015 (nr. E.T.119.650) dated 23 November 2015 can be SPECIFICATIONS: downloaded via the following link: ■ Monthly car costs: € 600 https://www.iec-iab.be/nl/leden/ ■ Contribution of the employee: € 100 Publicaties/actualiteit/Instituut/ ■ Occupational use: flat-rate method, either 35% Documents/2015/E.T.119.650NL.circ.cm.pdf VAT IS CALCULATED AS FOLLOWS: The full text of the addendum E.T. 119.650/4 can be ■ VAT of 21% on car expenses = € 126 downloaded via the following link: ■ VAT deduction of 50% = € 63WW ■ VAT on the employee contribution: 100/ 1,21 * 21% = € 17,35 https://emeia.ey-vx.com/603/27399/landing-pag- ■ Normal value: 600 x (50% - 35%) = € 90 es/et-119-650---4-nl.pdf ■ VAT on the normal value: 90 x 21% = € 18,9 ■ Addition VAT as the employee contribution is lower than the normal This also gives information about the means value: € 18,9 - € 17,35 = € 1,55 of transport envisaged and the concept of 'commuting'. TOTAL VAT COST: (63 + 17,35 + 1,55) = € 81,90 What is covered by the right to deduction? The right to deduction can be applied to the VAT levied on: ■ The purchase and the rental of a vehicle; ■ The purchase of fuel; ■ The expenses for repair and maintenance; ■ The purchase of accessories. 7 I ALD Automotive Fiscal Guide I Car Taxation
Tax deductibility of car costs Tax deductibility valid from 1 January 2020 From 1 January 2020 the tax deductibility of car and fuel costs, both for corporation tax and for personal income tax (if self-employed) will be calculated according to the formula below: FORMULA: 120% - (0, 5% X COEFFICIENT X X CO2/KM) COEFFICIENT X = ■ 1,00 for Diesel; ■ 0,95 for petrol and other fuel types (including diesel hybrides and diesel plug-in hybrides); ■ 0,90 for CNG (with a maximum of 11 fiscal horsepower).1 NEW TIERED DEDUCTION SCHEME: ■ From 0 gr CO2/km up to 40 gr CO2/km = 100% ■ From 41 gr CO2/km up to 90 gr CO2/km = between 99,5% en 75% ■ From 91 gr CO2/km up to 140 gr CO2/km = between 74,5% en 50% ■ From 141 gr CO2/km up to 200 gr CO2/km = 50% ■ From 201 gr CO2/km = 40% 1. For natural persons (self-employed), any company car acquired before January 1, 2018 (purchase order or leasing contract as proof retains its deductibility rate in force before 2020, until the sale of the vehicle or the end of the leasing contract. Overview of ‘necessary’ CO2 as of 2020 to maintain ear- lier deductibility rate REQUIRED CO2 IN ORDER TO BENEFIT NECESSARY CO2 ACCORDING TO FROM FROM A DEDUCTION OF: PREVIOUS DEDUCTIBILITY REGIME NEW CAR: DIESEL 100% 40 60 90% 60 105 80% 80 115 75% 90 145 70% 100 170 60% 120 195 50% 140 >195 PETROL 100% 42,10 60 90% 63,15 105 80% 84,21 125 75% 94,74 155 70% 105,26 180 60% 126,32 205 50% 147,37 >205 8 I ALD Automotive Fiscal Guide I Car Taxation
Fiscal deductibility of plug-in hybrid vehicles from 1 January 2020 From 1 January 2020, the following rules will apply For plug-in hybrid vehicles that meet these two to plug-in hybrid cars which were bought or leased criteria, the official CO2 value will continue to after 31 December 2017: apply for the calculation of deductibility and of the benefit in kind. 1. For plug-in hybrid vehicles with a ratio of less than Energy capacity of ≥ 0.5 kW per 100 kg of the 0.5 kWh, or a CO2 emission value of more than vehicle's weight (rounding to 0.50 kWh/100 kg applies from 0.45 kWh/100 kg); and 50 gr/km, the CO2 emission value will be taken from the non-plug-in version, or the CO2 emission 2. value of the plug-in hybrid car will be multiplied CO2 emission value of ≤ 50 gr/km. by 2.5 if a non-plug-in version is not available. Please note: The official CO2 emission value of plug-in hybrid cars that were bought or leased be- fore 1 January 2018 will continue to be valid, even after 2020. The date of signature of the purchase order or the leasing contract serves as proof. 9 I ALD Automotive Fiscal Guide I Car Taxation
Benefit in kind Benefit in kind (known as BIK, is a non-monetary Catalogue value is understood to mean ‘the benefit that an organisation grants to an employ- catalogue price of the vehicle in its new state as ee. This may include a company car, if that car can sold to an individual, including options and the tax also be used for private purposes. actually paid on the added value, without taking any discounts into account’. For drivers In 2021, the basic CO2 coefficient for diesel vehicles Since 1 January 2012, the distance between a is 5.5% for an emission of 84 g/km. For petrol, LPG person's home and their workplace is no longer and CNG vehicles this is 102 g/km. Is the CO2 emis- taken into account in the calculation of the benefit sion higher than this reference threshold? Then the in kind. It is now calculated on the basis of the CO2 coefficient increases by 0.1% per CO2 gram above emissions of the vehicle and its catalogue value. the threshold (up to a maximum of 18%). Is the Just as with the CO2 contribution, the CO2 value CO2 emission lower than the threshold? Then the under item 49.1 of the CO2 must be used. coefficient decreases by 0.1% per CO2 gram below the threshold (to at least 4%). In 2021, the benefit in kind (BIK) is at least € 1.370 Catalogue value car Excl. VAT: € 20 000 Benefit in kind is calculated Value of options: € 6 000 using the following formula: Discounts: € 5 000 CO2 emissions: 99 gr/km TOTAL CATALOGUE VALUE Fuel: Diesel (Catalog value + options) + ((catalog value + options - CATALOGUE VALUE: discounts) x 0,21) (€ 20 000 + € 6 000) + ((€ 20 000 + € 6 000 - € 5 000) x 0,21) = € 30 410 CO2 COEFFICIENT CO2 COEFFICIENT: Diesel:[((CO2 emissions - 84) x 0,1) + 5,5] / 100 (((99 - 84) x 0,1) + 5,5) / 100 = 7% Petrol, LPG and CNG: ((( CO2 emissions - - 102) x 0,1) + 5,5] / 100 Min 4% -> OK Electric, hydrogen, real plug-in hybrid (diesel and petrol) : 4% Max 18% -> OK Min. 4% Max. 18% VAA: ADVANTAGE IN KIND (€ 30 410 x 7%) x 6/7 x 100% = € 1824,60 Total catalogue value x CO2 coefficient x 6/7x percentage of vehicle age 10 I ALD Automotive Fiscal Guide I Car Taxation
In addition, the catalogue value is degressive by Note: If the employee contribution is higher than 6% per year, to a minimum of 70%. The following the estimated flat-rate benefit, the balance may rule will therefore be applied in the calculation: not be deducted from taxable remuneration or from any other taxable benefits in kind. From 0 to 12 months 100% From 13 to 24 months 94% From 25 to 36 months 88% From 37 to 48 months 82% One-off contribution From 49 to 60 months 76% This contribution can also be made by means of From 61 months onwards 70% a one-off contribution, which the employee may Any month started counts as a full month. deduct from the benefit in kind that is charged to them. Payment of an The benefit itself must be calculated from the start- employee contribution ing point of the catalogue value of the car actually made available. ■ When a company car is not provided for free, and Remarks: If the personal contribution is higher the employee pays a contribution, the benefit in than the estimated flat-rate benefit, the balance kind can be reduced by the value of the con- may not be deducted from the taxable remunera- tribution. In this context the below examples tion or from any other taxable benefits in kind. constitute an employee contribution: ■ Contribution towards fuel costs; Moreover, in view of the principle of annuality, the one-off contribution may not be spread over sever- ■ Leasing surcharge for additional options; al years, but the contribution must be reduced by ■ Leasing surcharge for a higher category car. the amount of the lump-sum benefit estimated in respect of the specific company car in the year of payment. Monthly retention This contribution can be made via a monthly re- tention of net salary, which the employee deducts For employers from the benefit in kind charged to them. From 1 January 2012, part of the benefit in kind The benefit itself must be calculated from the start- calculated this way, payable by the employee, is ing point of the catalogue value of the car actually considered as an additional non-deductible com- made available. pany cost payable by the employer. This part amounts to 17% of the VAA and rises to 40% if the employer provides his employee with a fuel card. Formula disallowed expenses borne by the employer Disallowed expenses employer = (Benefit in Kind x 17% or 40%) x Tax Rate* *Basic Tax Rate For 2021 = 25% If we build on the last example, the benefit in kind is € 1.824,60 Please refer to the FAQ below for more information The disallowed expenses borne by the employer be calculated as follows: on the benefit in kind resulting from the personal Calculation of disallowed expenses without fuel card: use of a vehicle provided free of charge by the (€ 1824,60 x 17%) x 25% = € 77,55 employer/company: Calculation of disallowed expenditure with fuel card: https://financien.belgium.be/nl/ondernemingen/ (€ 1824,60 x 40%) x 25% = € 182,46 vennootschapsbelasting/voordelen_van_alle_aard/ bedrijfswagens 11 I ALD Automotive Fiscal Guide I Car Taxation
Total cost of ownership (TCO) De Total Cost of Ownership (TCO) constitutes the total cost of your vehicle, taking into account the tax de- ductibility of the different elements. Tco is calculated using the following components ■ Car costs (financial rent + services) ■ CO2 solidarity contribution ■ Disallowed expenses ■ Fuel costs This calculation takes into account the AAFisc Circular 30/2014 according to which 100% of the car expenses are deductible up to the amount of the benefit in kind charged to the employee. In the following example, the ratio 70/30 of the benefit in kind (70% of the VAA is deducted from the car expenses, 30% of the VAA is deducted from the fuel costs) is applied. The full text can be downloaded via the following link: https://www.dekamer.be/kvvcr/showpage.cfm?section=qrva&language=nl&cfm=qrvaXml.cfm?legislat=54&dossierID=54 -b003-902-0015-2014201500416.xml In order to explain our proposals in the best possible way, we use the following parameters: Rental price excl. VAT € 539,87 Monthly Benefit in Kind € 148,87 Rent 65% VAT € 609,48 Deductible tax costs 67% Interest excl. VAT € 50,32 Tax rate 25% CO2 tax € 39,00 Consumption 4,0 l CO2 emissions (NEDC 2.0) 106 gr % Non-recoverable VAT 65% Annual mileage 30.000 km Fuel price (Diesel) € 1,30 Our calculation is based on three pillars: (1) monthly leasing cost excl. VAT and without fuel costs, ( 2) TCO without fuel, (3) TCO with fuel. 12 I ALD Automotive Fiscal Guide I Car Taxation
TCO without fuel To calculate the TCO without fuel (2), we add related auto costs, together with the CO2 contribution and the extra non-deductible expenses, taking into account each item's deductibility: TCO without fuel (48 months & 120.000 km) € 700,00 € 600,00 € 500,00 € 400,00 € 300,00 € 200,00 € 100,00 + + + - - - - - = € 0,00 € -100.00 € -200.00 Components €539,87 €69,61 €39,00 €14,89 €-22,33 €-1,72 €-82,00 €-10,51 €-8,60 €538,21 Monthly 65% non- CO2 -Tax Disallowed Financial Non deducti- Tax Non Tax TCO rent, without deductible expenses interest and ble VAT from deductible deductible deductibility without fuel VAT & Fuel VAT CO2-Tax the interest amount of VAT which linked to which is tax the vehicle is tax the BIC deductible deductible (1)To the monthly lease cost excl. VAT and without fuel costs of € 539,87 We add: According to our example: (€ 50,32 x 21% x 65%) x 25% = € 1,72 ■ The non-recoverable VAT of 65%, € 69,61. ■ The tax-deductible amount of the vehicle multi- ■ The CO2 contribution of € 39,00. plied by the corporate income tax ■ The disallowed expenses (= Monthly VAA x 40%) According to our example: multiplied by the corporation tax (25%), € 14,89. ((€ 539,87- € 50,32) x 67%) x 25% = € 82,00 ■ Non-recoverable VAT that is ,tax-deductible, multiplied by the corporation tax. We subtract: According to our example: ■ The financial interest and CO2 contribution ((€ 609,48-€ 539,87 - € 50,32 x 21% x 65%) x 67%) (100% deductible), multiplied by the corporation x 25% = € 10,51 tax ■ The deductibility associated with the benefit in According to our example: kind (VAA). (€ 50,32 + € 39,00) x 25% = € 22,33 According to our example: ■ The non-recoverable VAT on interest that is ((€ 148,87 x (1-67%) x 70%)) x 25% = € 8,60 tax-deductible, multiplied by the corporation tax. The TCO without fuel (2), is € 538,21. 13 I ALD Automotive Fiscal Guide I Car Taxation
TCO with fuel To calculate the TCO with fuel, we add the fuel costs, taking into account their tax deductibility. TCO with fuel (48 months & 120.000km) € 850,00 € 750,00 € 650,00 € 550,00 € 450,00 € 350,00 € 250,00 € 150,00 + + - - - = € 50,00 € -50,00 Composants €538,21 €130,00 €17,75 €-21,78 €-2,97 €-3,68 €657,53 TCO without Fuel 65% non Tax deductible Non deductible Deductibility TCO with Fuel Fuel Provision deductible VAT fuel costs VAT which is Tax linked to BIK deductible (2) To the TCO without fuel of € 538,21 We add: ■ The non-recoverable VAT that is tax-deductible, multiplied by the corporation tax. ■ Fuel provision (= monthly mileage share x con- According to our example: sumption x fuel price/100) ((€ 147,75- €130,00) x 67%) x 25% = € 2,97 According to our example: ■ The deductibility associated with the benefit in (30 000/12 x 4 x 1,30) / 100 = € 130,00 kind (VAA) ■ The non-recoverable VAT of 65 %. According to our example: According to our example: ((€ 148,87 x (1-67%) x 30%) x 25% = € 3,68 € 130,00 x 21% x 65% = 17,75 We subtract: The final amount for this example, ■ The tax-deductible fuel costs, multiplied by the i.e. the TCO with fuel, is € 657,53. corporation tax According to our example: (€ 130,00 x 67%) x 25% = € 21,78 14 I ALD Automotive Fiscal Guide I Car Taxation
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