Coronavirus - Flemish Protection May-June

Author: Jonas Verplanken (Legal Expert)
Date:

The Flemish Government is once again taking measures to support businesses that have lost turnover as a result of the coronacrisis. This subsidy will compensate the loss of turnover during the months of May and June 2021. Hospitality sector businesses that open their terraces can also count on support and the revenue generated from this is not taken into account.

For whom?

In tangible terms, any entrepreneur who suffers a loss of turnover of at least 60% in May or June 2021 as a result of the corona measures will be able to avail of  this subsidy.

Are excluded:

  • Companies in a state of dissolution, cessation of activity, bankruptcy, liquidation;
  • Holdings, management or patrimonial companies;
  • Companies whose managing director is linked as a director, partner or manager to another company that has received the subsidy and to which they provide business services;
  • Companies in arrears with VLAIO following the recovery of corona premiums;
  • Companies in difficulty on 31 December 2019.

Conditions

  • The company will have to demonstrate a loss of turnover of 60% within the reference period compared to the same period in 2019.
    • Exception: companies in the hospitality sector (= hotels, restaurants and cafés) do not have to demonstrate this loss of turnover!
  • Only companies with an active business conduct during the reference period will be eligible for the subsidy, unless the company has been compulsorily closed as a result of the corona measures or the normal annual period of closure.
  • The companies must have started up and have an active place of business in Flanders on the first day of the aid period;
  • Companies that were obliged to close down within the reference period may choose to apply for aid only for the period of mandatory closure. The aid then applies on a pro rata basis and the drop in turnover does not have to be demonstrated;
  • Companies that derive 50% or more of their turnover from subcontracting to a closed sector (e.g. suppliers to the hospitality sector) may opt for a reference period that corresponds to the compulsory closure period of that closed sector. However, they will have to demonstrate a 60% drop in turnover.

Exception for the hospitality sector:

Managers of cafés and restaurants[1] which are compulsorily closed as a result of the coronavirus measures do not have to demonstrate their drop in turnover. This derogation does not apply to companies whose turnover is the result of takeaway activities for 50% or more. They will therefore have to demonstrate a drop in turnover.

Restaurants and cafés with a terrace, which may be allowed to open their terrace under strict conditions as from 8 May 2021 will be considered compulsory closed until they are allowed to reopen completely. Whether or not any revenue is generated from terrace sales depends on a number of external factors such as the surface area of the terrace and the weather conditions. Restaurants and cafés opening their terrace will, just like restaurants and cafés without a terrace which are obliged to stay closed, not have to demonstrate their drop in turnover.

Exception for sectors subject to mandatory closure

No drop in turnover has to be demonstrated if  the main activity of the company falls within the eligible sectors and the company has been mandatorily closed as a result of the coronavirus measures.

How much?

The aid amounts to 10% of the turnover, excluding VAT, during the same period in 2019. Self-employed persons in a secondary occupation[2] receive 5% aid. For companies that had not yet started up, the drop in turnover is compared with the expected turnover as stated in the financial plan. The aid is granted at company level.

The maximum aid will amount to:

  • € 7,500 for companies employing < 10 employees
  • € 15,000 for companies employing10 to 49 employees
  • € 40,000 for companies employing 50 employees or more

The minimum aid is € 600 on a monthly basis (4 weeks);

For companies which mainly offer meals[3] and are obliged to use a white cash register, the aid is limited to € 1,500 if they do not have a registered cash register system.

How to apply?

The application can be made via the agency ‘Innoveren en Ondernemen’ (Vlaio), 

  • May 2021: The period for submitting applications will run from 7 June to 5 July 2021, 8 p.m..
  • June 2021: The period for submitting applications will run from 6 July to 6 August 2021, 8 p.m.

Please note!

The measures as described in this infoflash have not yet been published in the Belgian Official Gazette.

Overview

 

Flemish Protection Mechanism QUATER

FPM March 2021

FPM April 2021

FPM May 2021

FPM June 2021

Submit application until

JAN21: 15/03/21

FEB21: 30/04/2021

15/5/21

15/6/21

5/7/21

6/8/21

Reference period for drop in turnover

January and February 2020

March 2019

April 2019

May 2019

June 2019

Drop in turnover

60%

60%

60%

60%

60%

Premium

10% of turnover

10% of turnover

15% of turnover

10% of turnover

10% of turnover

Minimum amount of premium

€ 600/month

€ 600/month

€ 600/month

€ 600/month

€ 600/month

Maximum amount of premium

€ 7,500

€ 15,000

€ 40,000

€ 7,500

€ 15,000

€ 40,000

€ 11,250

€ 22,500

€ 60,000

€ 7,500

€ 15,000

€ 40,000

€ 7,500

€ 15,000

€ 40,000

Legal source

DFG 05/02/21

DFG 02/04/21

DFG 02/04/21

DFG 21/05/21

DFG 21/05/21

Source:

  • Decree of the Flemish Government of 21 May 2021 concerning the Flemish Protection Mechanism for companies that have suffered a drop in turnover as a result of the persistent corona measures of 28 October 2020 (…);
  • https://www.vlaio.be/nl/nieuws/ondernemers-kunnen-na-9-juni-nog-beroep-doen-op-vlaams-beschermingsmechanisme.

 

[1] NACE codes: 56101, 56102 and 56301.

[2] A self-employed person in a secondary occupation who in 2019 has a professional income between € 6,996.89 and € 13,993.78 and is not employed as a wage earner for 80% or more.

[3] Either establishments where meals are consumed on a regular basis or domestic caterers providing catering services on a regular basis.

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