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Generic Tax Name Miscellaneous duties and taxes
Tax name in the national language Droits et taxes divers / Diverse rechten en taksen
Tax name in English Miscellaneous duties and taxes
Member State BE-Belgium
Tax in force since 2007/01/01
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

These duties and taxes are regulated by the Code of miscellaneous duties and taxes (CMDT) and by the decrees issued for its implementation.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

The federal authority is the beneficiary of most of the revenue. Since 2006 however, part of the insurance taxes is transferred to the social security institutions and the National Disaster Relief Fund ("Caisse nationale des Calamités / Nationale Kas voor Rampenschade").

 
Geographical Scope

Belgian territory.

 
Taxpayers

The initiator of the concerned transactions, or his intermediary (financial institutions, insurance company,…).

 

In particular concerning the annual tax on insurance transactions:

1. the insurance company or the pension insurance institutions

2. the Belgian intermediaries of non-Belgian insurers and non-Belgian insurers insuring risks in Belgium

3. insured parties in any other case

 
Tax object and basis of assessment

Various transactions are concerned:

  • Duties on written documents
  • Tax on stock-exchange and carry-over transactions
  • Annual tax on insurance transactions
  • Annual tax on profit-sharing insurance schemes
  • Tax on long term savings
  • Bill-posting tax
  • Annual tax on credit institutions

 

1. Duties on written documents

A duty is levied on the following deeds and written documents, as far as they are drawn up in Belgium:

  • deeds drawn up by notaries;
  • Some very specific deeds drawn up by bailiffs;
  • certain bank documents (credit operations,…);
  • certain other written documents (some documents issued by the registrar of mortgages) 

 

2. Tax on stock-exchange and carry-over transactions

2.1. Tax on stock-exchange transactions 

Are liable to the tax:

  • any purchase and any sale of listed securities carried out or concluded in Belgium;
  • any repurchase by an open-end investment company of its own shares, insofar this transaction relates to capitalization shares (this also applies to conversions into capitalization shares, since conversions consist of, on the one side, a repurchase and, on the other side, the issue of new securities).

 

The applicable tax base:

  • for purchases or acquisitions : is the amount to be paid by the purchaser, excluding the brokerage of the intermediary;
  • for sales or transfers : is the amount to be received by the seller or the transferor, including the brokerage of the intermediary;
  • for repurchases by an investment company of its own capitalization shares : is the net asset value of the shares, without deduction of the flat-rate compensation;
  • for repurchases of capitalization shares by collective investment undertakings with European authorization and by collective investment undertakings established outside the European Community: is the net asset value of the shares, without deduction of the flat rate compensation, but minus the withheld withholding tax on income from movable property.

 

2.2. Tax on carry-over transactions

This tax is levied on carry-over transactions on listed securities, in which a professional stockbroker intervenes on behalf of a third party or on his own behalf.

  

4.  Annual tax on insurance transactions

This tax is levied on insurance contracts when the risk is located in Belgium.

The risk of the insurance transaction is located in Belgium when one of the following conditions is fulfilled:

  • the insured party has his habitual residence in Belgium;
  • if the insured party is a legal person: the contract relates to an establishment located in Belgium;
  • the contract relates to immovable or certain movable property located in Belgium;
  • the contract relates to vehicles of any type registered in Belgium;
  • the insurance policy relating to the risks incurred when travelling or being on holiday, is issued in Belgium and the validity term does not exceed four months.

 

The tax base is the amount of the premiums, employers' and employees' contributions included (plus the charges) to be paid in the course of the tax year either by the insured parties or by the subscribers and their employers.

 

5.  Annual tax on profit-sharing insurance schemes

Profit shares distributed by insurance companies or pension insurance institutions operating in Belgian are liable to this tax when they relate to life insurance contracts, to life annuities or temporary annuities or to additional pensions built up by any means other than through a life insurance. The tax is calculated on the total amount of the distributed profits in the tax year.

 

6. Tax on long-term savings

The tax on long-term savings is levied on:

  • individual life insurances (ordinary insurances and savings insurances) for which the insured party previously benefited from a tax rebate;
  • collective and individual savings accounts for which the holder has previously benefited from a tax rebate.

 

7.  Bill-posting tax

This tax is levied on all publicly visible placards with a surface exceeding 1m2, as well as on illuminated signs, etc.

 

8. Annual tax on credit institutions

Are liable to the tax:

a) credit institutions under Belgian law.

b) credit institutions established in another Member State of the European Economic Area and having a branch in Belgium.

c) credit institutions established in a third country and having a branch in Belgium.

 

The tax is to be paid by these credit institutions on a proportion of the total amount of certain savings deposits on 1 January of the taxation year, with the exclusion of the interest relating to the previous year. The exempted bracket of income from savings deposits which is not taxable as movable income in compliance with the Income Tax Code 1992, is concerned. The above-mentioned proportion is equal to the ratio of the total non-taxable income in compliance with the Income Tax Code 1992 to the total income allocated on these savings deposits for the year preceding the taxation year.

 
Deductions, Allowances, Credits, Exemptions

Several exemptions exist. In particular:

1. Relative to duties on written documents

Notably for deeds and written documents concerning the execution of tax laws, laws relating to town and country planning, to the creation of the Crossroads Bank for enterprises, the total or partial discharge of mortgage taken out in Belgium, etc.

 

2. Relative to the tax on stock-exchange transactions and on carry-over transactions 

2.1. Relative to the tax on stock-exchange transactions

There are various exemptions, notably for transactions in which no professional intermediary intervenes or contracts either on behalf of one of the parties or on his own behalf, for transactions made on their own behalf by financial intermediaries, insurance companies, institutions for occupational retirement provision, undertakings for collective investment and non-residents, for transactions concerning participation rights in an institutional or private undertaking for collective investment, for transactions concerning treasury bonds or linear bonds issued by the State, for transactions concerning short term treasury bonds issued by the National Bank of Belgium and for a number of other transactions.

2.2. Relative to the tax on carry-over transactions

This tax is not due by financial intermediaries, insurance companies, institutions for occupational retirement provision, undertakings for collective investments and non-residents.

Exemptions are provided for transactions with treasury bonds or linear bonds issued by the Belgian State or linear bonds issued by a Member State of the European Economic Area, treasury bills or deposit certificates issued pursuant to the law of July 22, 1991, on short term treasury bonds issued by the National Bank of Belgium and on cession-retrocession of securities.

 

3. Relative to the annual tax on insurance transactions

Various contracts are exempted from this tax, notably credit insurance contracts against commercial risks and/or country risks, contracts for reinsurance, certain insurances in the context of social security, certain healthcare insurances offering a high level of protection, insurances against risks incurred abroad, insurances in the context of pension savings schemes, insurances in the context of the supplementary pension for the self-employed, the conversion of a life insurance payment into an annuity, hull insurances for sea-going vessels, inland vessels and certain aeroplanes, all other insurance policies related to seagoing and inland navigation (except those subject to the 1.40% charge; see further), compulsory liability insurance policies related to motor vehicles and property damage insurance policies related to motor vehicles or compound vehicles used exclusively for the transportation of goods by road and having a maximum allowable mass of not less than 12 tons, some legal expenses insurance contracts, etc.

 

4. Relative to annual tax on profit-sharing schemes

Profit sharing schemes relating to pension savings schemes and concerning insurance contracts for which the insured party has not previously benefited from a tax rebate are exempt from the tax under certain conditions.

 

5. Relative to tax on long-term savings

No tax is levied on insurance contracts providing for advantages exclusively in case of death and life insurances securing the repayment or the replenishment of a mortgaged loan.

 

6. Relative to the bill-posting tax

A whole series of exemptions are provided, notably relating to signs and certain bills in pursuance of the law or a judicial ruling, notices put up by public authorities and certain government agencies, certain notices relating to worship, notices relating to elections, etc.

 
Rate(s) Structure

1. Duties on written documents:

Deeds drawn up by notaries

There are three tariffs:

  • 50 euro: standard tariff;
  • 95 euro: for deeds drawn up for corporate entities;
  • 7.50 euro: for death certificates, deeds relating to the matrimonial property regime or the property regime for legal cohabitants, inheritance tax, donations inter vivos, wills and gifts, divorce and paternity and legal recognition.

Deeds drawn up by bailiffs

There are two tariffs:

  • 50 euro: for records relating to public sales of tangible movable assets;
  • 7.50 euro: for records relating to public sales of tangible movable assets resulting from an enforced debt redemption.

Written bank documents

A duty of 0.15 euro is levied on some written bank documents:

For instance, on some loan or credit facility agreements, agreements regarding a commitment, acknowledgment or guarantee in favour of bankers, security remittance or deposit receipts, some statements of account, receipts relating to securities placed in safe custody so that the scripholder can attend a shareholders' or a bondholders' meeting, etc.

Other written documents

For some written documents delivered by the recorders of mortgages, the duty amounts to 2 euro.

 

When the same deeds are subjected to different tariffs, only the highest shall be paid.

 

 2. Tax on stock-exchange and carry-over transactions

2.1. Tax on stock-exchange transactions

The rates are as follows:

  • 2.70 per thousand: normal rate;
  • 0.90 per thousand: notably for securities of the public debt of the BelgianState or foreign States; loans issued by the Communities, the Regions, the provinces and the municipalities (both national and foreign); company bonds; investment fund certificates and shares, etc.

However, the rate is 1 % for all sales and purchases of capitalization shares of an investment company and for the repurchase by an investment company of its own capitalization shares.

The amount of the tax is limited at  800 euro per transaction, except in respect for transactions to which the tariff of 0.90 per 1,000 applies, for which the maximaum amount is 650 euro and  in respect of transactions concerning capitalization shares, for which the maximum amount is 2,000 euro.

The above mentioned rates are valid as from 1 August 2012 until 31 December 2014. Assuming unchanged policy, the previous rates (see tax form year 2012) will apply again from 1 January 2015 onwards ( Article 45 -48 Programme Law 22 June 2012).

 

 2.2. Tax on carry-over transactions

The rate amounts to 0.85 per thousand.

 

4. Annual tax on insurance transactions

There are five rates:

  • 9.25%: normal rate;
  • 4.40%: rate i.a. for life insurances (not taken out individually), death insurance, life annuities and temporary annuities, certain collective additional undertakings for disability and liabilities contracted by pension funds (provided every employee has an “equal right” to be in the scheme);
  • 2.00%: rate for life insurance transactions, even in respect of investment funds, and life annuities or temporary annuities built up by natural persons, except if the 1.10%-rate applies.
  • 1.40%: rate for insurance policies related to seagoing and inland navigation, related to the risk of transportation of goods by air or overland, related to liability insurance policies for motor vehicles and to property damage insurance policies in respect of taxis, buses, coaches and vehicles intended for the transportation of goods where the maximum allowable mass exceeds 3.5 tons but is less than 12 tons;
  • 1.10%: rate for transactions related to temorary death insurances with decreasing capital, used for securing a mortgage loan raised to acquire or maintain real estate, where taken out by natural persons (the so called "outstanding balance insurances") and for insurances fulfiling the criteria and conditions specified in the law of 26 December 2013 relating to various provisions as regards thematic citezens lending.

 

5. Annual tax on profit-sharing schemes

The rate of the tax is 9.25%.

 

6. Tax on long-term savings

There are two rates:

  • 10% standard rate;
  • 8 % (1) for the theretical surrender value of savings insurance contracts under pension saving schemes and for savings placed in savings accounts under pension savings schemes;
  • 33% (on certain conditions for early payments or the early granting of savings balances or surrender values).

(1) During the years 2015 to 2019, the 8 % tax will be collected in advance. 1 % will be collected each year on the theoretical surrender value ( savings insurance) or on savings (savings accounts), such as laid down on 31 December 2014, until the year preceding the date for payment of this tax. The amount collected in advance will be duducted from the tax due at the date for payment of this tax. The amount collected in advance is to be paid on 30 September of each of the years 2015 to 2019.

 

7. Bill-posting tax

The tax amounts to 0.50 euro per m2 or fraction of a m2.

In respect of illuminated signs (and the like), there is an annual tax of five times the above mentioned amounts.

 

8. Annual tax on credit institutions

The tax rate amounts to 0.0435 %

 
Tax due date

The tax due date usually relates to the moment the transaction takes place. In particular: 

1. Duties on written documents 

In principle, the duty is to be paid at the latest the fifth working day following the date on which the duty is due. With respect to written bank documents, bankers and persons assimilated thereto can make use of periodical declaration per calendar quarter. These declarations must be filed within the month of expiry of a quarter and the duties must be paid within the same time limit. A similar method can be applied by notaries, bailiffs, administrations, public bodies or any other person, for deeds drawn up by notaries, by bailiffs and for other written documents.

 

2. Tax on stock-exchange and carry-over transactions 

The tax is to be paid at the latest the last working day of the month following the month during which the transaction has been carried out.

 

4. Annual tax on insurance transactions

Depending on the cases, the tax is to be paid by 1° the insurance company, the pension institution, etc., 2° agents and other intermediaries residing in Belgium for insurance contracts subscribed with insurers not established in Belgium and carrying out insurance transactions for which the risk is located in Belgium, and insurance companies that are not established in Belgium, have no representative in Belgium and carry out insurance operations for which the risk is located in Belgium, without hiring intermediaries residing in Belgium, or 3° policyholders themselves . In the first two cases, the tax is to be paid at the latest the last 20th of the month following the month during which the premium or contribution fell due. A deposit is to be paid on 15 December at the latest on the tax due in January of the following year. The amount of the deposit is based on the amount due the previous November . In the third case, the tax is to be paid within the three months as from the due date of the premium.

 

5. Annual tax on profit-sharing schemes

The tax is to be paid within the three months as from the date of the decision relating to profit-sharing distribution.

 

6. Tax on long term savings

The tax is levied, as the case may be, on the theoretical surrender value, the pensions, annuities, capital amounts or surrender value (life insurances) or the savings balance (savings accounts) as they have been determined on the following anniversary dates :

  • for contracts concluded or accounts opened before the age of 55: the 60th anniversary of the insured party or of the account holder;
  • for contracts concluded as from the age of 55 years or accounts opened as from the same age: the 10th anniversary of the conclusion of the contract or the opening of the account, unless a surrender value or a savings balance is paid or granted before that date. In this latter case the tax is levied on the day of the payment or the granting. 

The tax is to be paid at the latest the last working day of the month following the month during which the chargeable event for tax occurred.

 

7. Bill-posting tax

The tax is to be paid before bill-posting. The annual tax must be paid in principle at the latest on 31 January of the year following the expired year (the year expires on 31 December). There are  particular cases.

 

8. Annual tax on credit institutions

The tax is due on 1 January of each year and is to be paid at the latest on 1 July of the same year.

 
Tax collector

Federal Public Service Finance (the federal Ministry of Finance).

 
Special features

The 'miscellaneous duties' are the successor to the stamp duties

At the end of 2006, the stamp duties were abolished and the miscellaneous duties were introduced.

The remaining stamp duties were integrated in the reshaped legislation of the taxes assimilated to stamp duties, that was renamed as legistation on the miscellaneous duties.

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d214ba + cd + ce + cf + ga + la + d51ae + d91ba

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 1,855.50 EUR 0.48
2011 1,552.70 EUR 0.41
2010 1,611.40 EUR 0.44
2009 1,494.40 EUR 0.43
2008 1,464.20 EUR 0.41
2007 1,553.30 EUR 0.45
2006 1,457.30 EUR 0.45
2005 1,235.90 EUR 0.40
2004 1,294.70 EUR 0.43
2003 1,291.70 EUR 0.46
2002 1,205.80 EUR 0.44
2001 1,234.10 EUR 0.46
2000 1,374.60 EUR 0.53

Comments

The amounts mentioned above include the revenue from the tax on insurance transactions (d214ga) and from the tax on long-term savings (d91ba) which are also mentioned in separate descriptions.