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In our Infoflash of 17 July 2020, we informed you about the conditions that consumption vouchers must meet in order to be exempt on social and tax level. These conditions were modified to allow the introduction of electronic consumption vouchers, which did not exist until now.
To ensure maximum clarity, our Infoflash of 17 July is cancelled and replaced by this Infoflash. You will thus have all the required social and tax exemption conditions in a single document.
Every employer can decide to grant consumption vouchers to his employees. Provided certain conditions are met, they will not be subject to social security contributions or withholding tax.
A Royal Decree of 15 July 2020 lays down the exemption conditions on the social level. It was amended by the law of 13 July 2020. These two texts enter into force on 17 July 2020.
To be exempt from social security contributions, the consumption vouchers on paper or in electronic form must comply with the following conditions:
If the consumption voucher is electronic:
To be exempt from social security contributions, the electronic consumption vouchers must also comply with the following additional conditions:
The cost for the alternate format in the event of theft or loss may not exceed the nominal value of a luncheon voucher, if both electronic luncheon vouchers and electronic consumption vouchers are granted in the company. If only consumption vouchers are granted in the company, the cost may not exceed € 5.
Electronic consumption vouchers, issued by a publisher whose authorization has been withdrawn or has expired, will remain valid until the expiry date of their period of validity.
Consumption vouchers granted in accordance with the social security conditions referred to above are exempt from income tax.
In addition, they are a deductible professional expense for the employer if the same conditions for exemption are met.
Do you need a model of a collective or individual agreement regarding consumption vouchers? Please contact our Legal Partners via legalpartners@partena.be.
Sources: Royal Decree of 15 July 2020 inserting an article 19quinquies into the Royal Decree of 28 November 1969 implementing the Law of 27 June 1969 revising the Decree-Law of 28 December 1944 on social security for workers, Belgian Official Gazette, 17.07.2020; Law of 15 July 2020 containing various urgent tax provisions as a result of the COVID-19 pandemic (CORONA III), Belgian Official Gazette, 23.07.2020; Law of 31 July 2020 amending various provisions with a view to the introduction of electronic consumption vouchers, Belgian Official Gazette, 17.08.2020.
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