Overview of SaaS Sales Tax in Belgium:

Belgium adheres to the European Union’s (EU) VAT system, implemented in 1970 to ensure harmonized taxation across member states. Businesses operating within Belgium must comply with the Belgian VAT Act, which mandates the collection and remittance of VAT on applicable sales. In the context of SaaS, the standard VAT rate in Belgium is 21.0%. This applies to most digital services, unless they fall under specific reduced-rate categories or exemptions.

Certain categories of digital goods or services may be subject to a reduced VAT rate of 6.0%. However, as of November 2023, no digital goods or service categories qualify for complete exemption from VAT in Belgium. Businesses should carefully review the applicable VAT rates for their specific offerings to ensure correct tax treatment.

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Belgium

Belgium implemented a VAT system in 1970, aligning with EU regulations to improve tax compliance and efficiency.

Official government link: Federal Public Service Finance

21.00%

E-products and services VAT/Sales tax rate

6.00%

Reduced tax rate

Reduced tax rate product categories

E-Books and digital publications

Exempted product categories

No digital goods or services categories are exempt

Reverse charge mechanism for B2B sales

Yes

Tax ID validation required

Yes

When do you have to register

Non-resident companies have to register as soon as goods are being delivered or services are being provided

Online registration possible

Yes

Local representative needed

Yes

Registration procedure

Before you commence your business activities, you need to visit one of the VAT administration offices. There, you’ll need to fill out a VAT identification request form, known as form 604A, and submit it to the appropriate office. This service is provided at no cost.

List of digital and electronic services liable for tax

Web-related services include creating and hosting websites, as well as remote maintenance of software and hardware. Software services involve providing and updating software applications. Digital content encompasses providing images, text, information, and access to online databases. Entertainment services cover providing music, films, games, including gambling games. Digital broadcasts and events span various fields. Online education involves providing education and training online. Cloud-based products include Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), and Infrastructure-as-a-Service (IaaS). Internet services involve providing websites, hosting services, and internet services. Online marketing generates income from online ads and affiliate marketing.

Penalties

Fines are applied for late registration, failure to provide a VAT invoice (up to 5000 euros per invoice) and late payment.

Registration threshold

No threshold, non-resident companies must register for VAT

Filing interval

Monthly

Filing deadline

By the 20th day of the month following the reporting period

E-invoicing requirements

Yes, however it is not mandatory until 2026

Record keeping

Records of sales and purchases invoices, import and export documents, credit notes and any other relevante documentation must be kept for at least seven years.

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Compliance Requirements for SaaS Businesses:

SaaS businesses in Belgium must comply with various VAT-related requirements, including timely filing and payment. VAT returns are typically filed monthly and must be submitted by the 20th day of the following month. Similarly, VAT payments are due by the 20th of the following month. To facilitate accurate filing and payment, businesses are obligated to maintain proper records for a minimum of seven years. This includes sales and purchase invoices, import and export documents, and credit notes. Importantly, while e-invoicing is not currently mandatory in Belgium, it is expected to become a requirement in 2026. Early adoption of e-invoicing practices is encouraged to ensure smooth transition and compliance when the mandate comes into effect.

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Managing SaaS VAT in Belgium – Best Practices:

Navigating the intricacies of VAT compliance can be complex, particularly for businesses operating across multiple regions. To ensure smooth and efficient management of SaaS VAT in Belgium, consider the following best practices:

  • Stay informed: Continuously monitor and stay updated on any changes or modifications to VAT regulations and policies.
  • Streamline processes: Implement automated systems or utilize software solutions to manage VAT calculations, filing, and payments efficiently.
  • Seek professional guidance: Consult with qualified tax advisors or professionals for tailored advice and assistance with navigating specific compliance requirements.
  • Embrace e-invoicing: Adopt e-invoicing practices early to avoid complications and ensure compliance with upcoming regulations.
  • Maintain accurate records: Meticulously maintain detailed records of all relevant transactions and activities for the required seven-year period.

By adhering to these best practices, SaaS businesses can navigate the complexities of VAT compliance in Belgium, minimize risks, and ensure financial efficacy and sustainability.

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