Broader requirements for registration with the CBE - clarification for unincorporated companies

In a previous article, we explained that the introduction of a definition of 'company' in the new Companies and Associations Code (CAC) also affects the registration with the CBE (Crossroads Bank for Enterprises). In this article, we will discuss in more detail the registration obligation for unincorporated companies. 

Consequences of the broader definition of a company 
With the new definition of a company, the following companies will now have to register in the CBE: 

  • partnerships 
  • silent trading companies 
  • joint ventures (which are common in construction projects) 
  • de facto associations (forms of cooperation) which are profit-making or which distribute profits to their members 

For example: Three doctors set up an association (de facto association) in which they will run a group practice. The patients pay the association. The profit is then distributed to the three doctors according to a pre-agreed distribution key. In this case, it is a form of cooperation that is intended to generate profit and then distribute this profit to its members. The association must be registered in the CBE. 

Which de facto associations do not have to register in the CBE?  
A cost-sharing association does not need to be registered in the CBE. A cost-sharing association is a collaboration set up solely for the purpose of sharing certain costs (e.g. equipment, secretariat, etc.). 

For example: Three doctors share the equipment costs, but the medical activities are not included in this collaboration. Each of the doctors still carries out their activities under their own name, and are paid their own fees. 

Please note: 
Is your de facto association already registered in the CBE because it is subject to VAT or employs staff and the administration (VAT-NSSO) has already created a business number (simple registration)? 
If so, the company still needs to register via an enterprise counter, so that, among other things, the capacity and business units of the company can be registered at the CBE.  

When do you need to register with the CBE, and how? 

  • Existing companies incorporated before 1 November 2018 are granted a 6-month transitional period. This means that they need to register via an enterprise counter by 30 April 2019 at the latest. 
  • In Brussels and the Walloon Region, the law on establishment remains unchanged. Companies with their registered office/address located in these regions still need to demonstrate knowledge of business management and, if applicable, the necessary professional knowledge when they register with the CBE. 
  • The statutory rate is normally €88.50.  For the time being, this amount is not being collected. 
The further course of the relationship between the UK, the EU and the EEA
What impact will Brexit have on your corporate income tax?
For the time being, the United Kingdom (UK) is still part of the European Union (EU) and the European Economic Area (EEA). The UK has since been given until 31 October 2019 at the latest to implement Brexit. This means that cross-border transactions with the UK continue to fall within the scope of EU directives. However, after Brexit, the UK will no longer be able to rely on these directives. This
Less strict circular for catering sector
New circular regarding the VAT rate for restaurant and catering services
On 1 January 2010, the VAT rate for restaurant and catering services was reduced to 12%. This rate only applies to food. Drinks (including non-alcoholic beverages and coffee and tea) are still subject to the standard VAT rate of 21%. On 23 December 2009, the administration published an explanatory note in which it detailed how an overall price for a menu (including drinks) needed to
From now on, also 'high' fixed cost deductions for self-employed persons
Personal income tax return form AY 2019: several new features explained
From now on, also 'high' fixed cost deductions for self-employed and other changes  The new personal income tax return form for assessment year 2019 was published on 7 April, the starting shot for the annual tax return race. For the Flemish tax return, "only" 6 codes have been added, and for the Walloon and Brussels tax returns, "only"
Noticeable impact on tax matters
Impact of Brexit on registration and inheritance tax
The tension in the United Kingdom is palpable. In the meantime, the initial date of Brexit, 29 March 2019, has been delayed. Depending on whether an agreement will be reached or not on 29 March, UK's departure date will be moved to 12 April 2019 in case of a hard Brexit (no deal) and to 22 May 2019 in case of a soft Brexit (deal). It is clear that Brexit will have an impact on tax matters, bo
An easing-up for most SMEs
New interest deduction restriction mostly offers opportunities
As part of the reforms to corporation tax in late 2017, a new interest deduction restriction was also introduced. This is part of the second phase of the reform, meaning that it applies in principle to financial years starting on or after 1 January 2019 (assessment year 2020). The new interest deduction restriction was introduced in the transposition of the European Anti-Tax Avoidance Directive (A
Some important dates highlighted
The new Companies and Associations Code
The new company and association law had already been announced for some time, and it was approved by the Chamber on 28 February 2019. Below we give a brief explanation of some of the important dates associated with the entry into force of this new legislation.   Introduction of the new legislation  The law introducing the Companies' Code enters into force on 1 May 2019 and repea
The new rules for VAT processing of vouchers
The wonderful world of VAT and vouchers
Vouchers are a very popular marketing tool. There are various types of vouchers: discount vouchers issued by a manufacturer, redeemable at any sales outlet in Belgium, discount coupons issued free of charge by retailers, vouchers where you can get a newly launched article free of charge, gift vouchers that can be redeemed for a whole range of products or services, electronic vouchers, etc. Are yo
A showpiece, or rather a sticking plaster for a broken arm?
The Belgian fiscal consolidation regime
The general intention with the introduction of a fiscal consolidation regime was clear, namely to put the Belgian tax system back in a positive light. After all, many of our neighbouring countries have had a system of fiscal consolidation in place for many years, and Belgium consequently scored badly on this point when international groups were looking to choose an investment location. The ques
The long-term lease revival
Superficies as stealth usufruct?
A noteworthy judgement was recently handed down by the Court of Appeal of Brussels regarding the taxation of overly cheap accession in the case of superficies (23 January 2019). In the past, a number of rulings had already been made on this subject (see, inter alia, Court in Ghent of 31 October 2017). The tax authorities are clearly keen to see the end of the right of superficies, and the two judg
'Paulian claim' to the rescue
Thwarting the taxman by rejecting an inheritance: is it possible?
In inheritance law, multiple heirs can have a statutory inheritance claim. As such, they are entitled to a minimum share of the inheritance. Since the new inheritance law, it is possible to freely dispose of half of one's assets. This is called the available part. If the available part is exceeded by donations, the statutory heirs may request the reduction. Through the reduction, the statutory hei

Subscribe to our newsletter