The new rules regarding the chargeability of VAT, which entered into force as from 1 January 2013, caused many practical concerns for businesses. Therefore, the tax authorities provided for a transitional regime which was eventually extended indefinitely, in anticipation of a new change to the legislation (cfr. our earlier e-tax flash).
The federal government has now approved a draft law with new rules. VAT on the supply of goods and services in B2B situations becomes chargeable upon the issuance of the invoice. If no invoice is issued before the 15th of the month following the supply, VAT is chargeable on that date. If a (partial) payment is made before the supply, VAT is chargeable on the date of payment.
The rules for intracommunity supplies of goods and services do not change; neither does the cash based regime for most B2C supplies. For supplies of movable goods and services to public bodies (B2G-supplies), the government now provides for a cash based regime, except in case a reverse charge applies.
The draft law has been sent to the Council of State for advice. Therefore, the draft law can still be changed. The new rules are expected to enter into force as from 1 January 2016. We will keep you informed about any further developments.
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