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Published: 04 Nov 2008 02:54:05 PST

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Belgium

Business Environment

Business practices

For further information
Kwintessential Croos Cultural solutions
For further information
Executive planet Belgium
Closed hours and days
Banks and Public administrations: from 9.00 to 16.00, Monday to Friday.
Retailers: from 09.00 to 18.00, Monday to Friday but some close on Monday in the morning.
Supermarkets are open from 09.00 to 20.00, Monday to Saturday.
Workers usually work 8 hours per day or 40 hours per week.

Public holidays

New Year
January 1-st
Easter Monday Mobile holiday in April
Labor Day May 1-st
Ascension Mobile holiday May
Whit monday Mobile holiday May
Flemish community celebration July 11
National holiday July 21
Assumption
August 15
French community celebration September 27
All Saints' Day November 1
Armistice November 11
November 15 German community celebration
Christmas December 25
Compensation day
The employee can rest the same amount of hours he has been working. 1 extra hour is 1 hour that should be rested at the time both employee and employer think is convenient.
 

Periods when companies usually close

Summer vacations 15 July- 15 August
Easter Holidays April

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Standards

National standards organizations
Belgium Institute of standardization
Integration in the international standards network
At the European level: the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) and the European Telecommunications Standards Institute.
At the international level: the International Standards Organization (ISO) and the International Electrotechnical Commission (IEC).
Classification of standards
CE is the European certification mark.
Online consultation of standards
The ISO catalog
Certification organizations
The Belgium institute of standardization

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Legal framework

Independence of justice
The judiciary is independent in Belgium.
Equal treatment of nationals and foreigners
Foreign nationals in the country can expect to a large extent a free and fair trial from the judiciary, though certain degree of racial and ethnic intolerance exists in the society. Corruption is limited in Belgium
The language of justice
All depends in which city and which region you will be. It can be French, Flamish or German.
Having recourse to an interpreter
It is recommended to ask your embassy/consulate in order to get a list of interpreters recognized by Belgium government.
Sources of the law and legal similarities
The judicial system is based on civil law and originates from the Napoleonic code, the Civil code (only available in French); the Constitution.
For further information consult the website of the Belgium Law.
Consulting national laws online
Federal ministry of justice

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Intellectual Property

National organizations
Office for intellectual property (OPRI)
Regional organizations
The European patent office and the Office for harmonization in the internal market
International membership
Member of the WIPO
Signatory to the Paris Convention
Membership to TRIPS

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National regulation and international agreements

Type of property Law Validity International agreements signed
Patent National law 20 years Patent Cooperation Treaty
Strasbourg agreement concerning the International Patent Classification
Trademark Trademark Law 10 years renewable if they are put on the market within 5 years.   Trademark law treaty
Nice agreement concerning the International classification of goods and Services for the Purposes of the registration of Marks
Protocol relating to the Madrid Agreement concerning the International Registration of Marks
Design Belgian law Maximum 25 years  
Copyright Belgian law 70 years from the death of the author Berne convention for the protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms against unauthorized duplication of their phonograms
Rome convention for the protection of performers, producers of phonograms and Broadcasting organizations
WIPO copyright treaty
WIPO performances and Phonograms treaty
Industrial Models Beneluw law 5 years (can be renewed twice).  

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Tax rates

Consumption taxes

Nature of the tax
TVA (taxe sur la valeur ajoutée) or VAT (value added tax)
Tax rate
21% for main items
Reduced tax rate
7% on special goods (like TV service, social estate, etc) and 6% on first necessity goods (like transport, food, medicine, art, papers and books, etc).
For further information consult Flanders investments and trade.
Other consumption taxes
Excise on: alcohol. tobacco, patrol, luxurious goods, gas, coffee and tea, etc.

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Corporate taxes

Tax rate
Tax rate for foreign companies
The standard corporate income tax rate is 33.99% (including an austerity surcharge of 3%).
Capital gains taxation
In principle, capital gains are taxable upon realization. As an exception to this rule, realized capital gains on shares are free of taxes.

With effect from assessment year 2007, all capital gains will only be considered on a "net" basis for Belgian tax purposes. Unrealized capital gains can be temporarily exempted from taxes, subject to conditions.
Main allowable deductions and tax credit
Regarding specific charges that are deducted from the corporate revenue, please refer to the website of the Ministry of Economy as it is depending on the state where your corporate is situated.

Deduction of the Income Tax base: disallowed expenses, exempt foreign income, dividends-received deduction, notional interest deduction, both distributed and retained profits are subject to corporate income tax, tax losses carried forward, investment deduction, patent income deduction.

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Individual taxes

Tax rate
Allowable deductions and tax credit
Consult the website GEOFISC association.
Special expatriate tax regime
An expatriate working in Belgium will typically be liable to Belgian income tax. Additionally, property tax, gift and succession duty may also be relevant. Residents of Belgium pay personal income tax on their total income from all worldwide sources on a sliding scale.
Residents also pay communal and regional taxes at rates between 0 and 8.5 percent of the total income tax payable.

The special expatriate tax status also offers two important tax advantages to foreign executives: the “tax-free expatriation allowances” and the “travel exclusion”. Consult Deloitte tax guide for more information.

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Sources of fiscal information

Tax Authorities
Belgian Ministry of finances
Tax Administration
Other domestic resources
All useful links including tax official entity.
Flanders Investment and Trade

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Accounting rules

Tax year
From the 1st of January to the 31st of December.
Accounting standards
Plan Comptable Minimum Normalisé (PCMN: only in French) or the Minimun Standardized Accounting Plan. Download this accounting plan (only available in French).
Accounting regulation bodies
Commission of the countable standards in Belgium
Institute of Chartered Accountants
Accounting reports
Belgian accounting principles are promulgated by: the law of July 17, 1975, royal decrees and the recommendations of the Accounting principles Committee.
Publication
All Belgian companies have to present to shareholders an annual account according to a standard form; a complete plan for big companies and an abbreviated one for Small and Medium-Sized Companies.
This annual account must include: the balance sheet, the profit and loss account and the appendix.
The Brussels stock market allows companies to publish their accounts by referring to the IASC (International Accounting Standards Committee) norms.
The Belgian companies whose capital is foreign may also follow the IASC norms.
Professional accountancy bodies
nstitut des Experts Comptables et des conseils fiscaux
http://www.ibr-ire.be
Certification and auditing
Ernst&Young, KPMG, PricewaterhouseCoopers.
Accounting news
Ernst&Young

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Source: FITA

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