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Companies employing researchers with specific master’s or doctor’s degrees or with a civil engineering degree in research or development projects or programmes are entitled to the exemption of the advance payment of withholding tax. As laid down in the Summer Agreement this exemption is extended to the researchers with a bachelor’s degree in a specific area of study as from 1 January 2018.
A partial exemption of advance payment of withholding tax of 80% of the withholding tax is granted to companies employing researchers with specific master’s or doctor’s degrees or with a civil engineering degree in research or development projects or programmes (R&D projects or programmes).
Since 1 January 2018 this exemption is extended to researchers employed in R&D projects and programmes and holding an academic or professional bachelor’s degree in a specific area of study.
The exemption of advance payment of withholding tax for these researchers amounts to:
Besides, the amount of the exemption for researchers with bachelor’s degrees is limited. The exemption is limited to 25% of the total amount of the exemption calculated for researchers with specific master’s or doctor’s degrees or with a civil engineering degree who are employed in R&D projects or programmes. For companies considered small companies (article 15, §§ 1 until 6, Company Code) for the tax year connected to the taxable period in which the remunerations are paid, the restriction percentage is raised to 50%.
In order to be entitled to the exemption of the advance payment of withholding tax for bachelors, the researcher must possess:
For the Flemish Community
For the French Community
Sciences
Applied sciences
Applied biological sciences
Medicine
Veterinary medicine
Pharmaceutical sciences
Biomedical sciences
Industrial sciences and technology
Nautical sciences
Biotechnology
Architecture
Product development
Engineering
Agricultural and biological engineering
Biomedical and pharmaceutical sciences
Architecture and urban planning
Industrial sciences
Agricultural and industrial sciences
Health care
Commercial sciences and business administration, limited to the courses mainly aimed at IT and innovation
Paramedics
Technics, limited to the course mainly aimed at biotechnics, industrial sciences, technology, nautical sciences, product development ans IT
In order to obtain the exemption of advance payment of withholding tax for scientific research, some conditions must be observed very strictly. To obtain the exemption you can therefore rely on the expertise of Partena Professional.
Call us at 02/5493020 or send an e-mail to legalpartners@partena.be.
Source: Act of 25 December 2017 reforming corporate tax (1), Belgian Official Gazette, 29 December 2017.
Author: Peggy Criel
24/01/2018
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