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home > ias > tax information > salary split > practical aspects print page print page
International Assignment Solutions  
     

The salary split theory for Belgian residents
Practical aspects

   

It should be stressed that the professional activity exercised abroad must be real and in proportion with the remuneration received from foreign sources, given that the Belgian tax administration is entitled to exercise its audit rights.

   
In order to anticipate any dispute with the Belgian tax administration, it is advisable to record the executives on the payroll of the Belgian and foreign companies and to conclude either a separate employment contract with each foreign company involved, or draft a transfer letter between the Belgian company and the other companies concerned about the employee's activity for their benefit.
   
In each country where the salary split scheme is established, local income tax returns will have to be filed.
   

If the group insurance regulation provides for the contributions to be calculated on the basis of any foreign group salary, employer's and employee's contributions will nevertheless have to meet the so-called 80%-rule.

Group insurance contributions are tax deductible expenses for the employer (employer's part) and entitle to a tax reduction for the employee (employee's part) provided that the legal (state) and extra-legal (private) pension benefits, paid at the moment of retirement and converted into annuities, do not exceed 80% of the last normal gross annual remuneration calculated on the basis of a normal professional career.

However, according to the Administrative Circular Letter of 13 July 1989, the Belgian tax authorities will, in case of a split employment scheme, calculate the 80%-limit taking into consideration only the Belgian remuneration.

   
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