On 25 November 2009, the Belgian government presented Program Law 2009. The proposed law contains, among other measures, VAT changes related to supplies of new buildings. Currently, Belgian VAT law provides that supplies of new buildings made by taxable persons who regularly trade in real estate are subject to VAT. Supplies of new buildings made by other persons are exempt from VAT, unless the supplier opts for taxation.
That option may be exercised in respect of the building, not the land on which it stands. Consequently, the new building and the land on which it stands may be treated differently for VAT purposes, which is incompatible with the decision of the European Court of Justice (ECJ). To align the Belgian VAT provisions with EU law, the option for taxation will apply to both the new building and the land on which it stands. If passed, the amendment will apply with effect from 1 January 2011 at the latest.
The proposed Belgian law also provides that the 6% VAT rate that applies for the building sector will continue to apply after 1 January 2010. In addition, from that date, the VAT rate for hotels, restaurants and catering services will be reduced to 12%.
