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In a previous infoflash, we have already explained the Flemish Protection Mechanism and the New Flemish Protection Mechanism. In order to meet the consequences of the more stringent measures the Consultative Committee introduced on 28 October and 1 November, the Flemish Government is taking 2 measures:
In tangible terms, any entrepreneur who suffers a loss of turnover of at least 60% between 16 November and 31 December 2020 (= the reference period) as a result of the corona measures will be able to call on the new Flemish Protection Mechanism ‘TER’.
Are excluded:
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 in the same period of 2019 is the result of takeaway activities for 50% or more. They will therefore have to demonstrate a drop in turnover.
For cafés and restaurants, the subsidy also amounts to 10% of the turnover excluding VAT for the period in 2019 corresponding to the mandatory closure period.
No drop in turnover has to be demonstrated if on 16 November, 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. The subsidy amounts to 10% of the turnover excluding VAT for the period in 2019 corresponding to the mandatory closure period.
The Minister of Economy may amend the list of eligible sectors if additional sectors are required to be closed.
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 in 2019, 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:
The application can be made via the agency ‘Innoveren en Ondernemen’ (Vlaio), after the end of the reference period. The subsidy application must be submitted by 15 February 2021 at the latest.
The measures as described in this infoflash have not yet been published in the Belgian Official Gazette.
This decree also aims to amend the Flemish Protection Mechanism BIS, approved by the Flemish Government on 23 October 2020. The following adjustments will be made:
Flemish Protection Mechanism
New Flemish Protection Mechanism (BIS)
*Flemish Protection Mechanism (TER)
Submit application until
15/11/2020
31/12/2020
15/02/2021
Reference period for drop in turnover
August and September 2020
1/10 – 15/11 /2020 OR (*new)
19/10 – 15/11/2020
16/11 - 31/12 OR period of mandatory closure
Drop in turnover
60%
Premium
7.5% of turnover
10% of turnover
Minimum amount of premium
* new: € 1,000
€ 1,000
Maximum amount of premium
€ 15,000
* new:
€ 11,250 / € 22,500 /
€ 60,000
OR
€ 7,500 / € 15,000 / € 40,000
€ 11,250 / € 22,500 / € 60,000
Legal sources
BVR 7/8/20
BVR 23/10/20
BVR 13/11/20
Source:
[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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