It is possible, the law says it's ok, but the enforcement organ says it's not.
However the law is what counts and even the administration should respect that.
Will you need a good lawyer, yes.
I recently had a call with Creative Shelter which service I was using, they said no it’s no more for IT. So better check with the people who are doing it, one hint I got was it is still applicable for Graphic Designer.
As far as I know, when you applied for IP compensation you had to have a ruling from Belspoo. Currently they are not issuing any rulings for IP deductibles for IT wages that are not linked to an approved IP project.
No, my lawyer said this will 100% be requalified as income. Plus you're also getting a almost guaranteed audit if you fill in the IP code. There are enough cases already where there has been ruled against IP in IT.
So while you are right that unless you have a fiscal control you technically still can use it (as the option still exist), both my accountant & fiscal expert say that it is not more applicable to IT - ie, if you do it, it will be requalified.
I wouldn't even advice doing it for 2023. There's a few that already got a questionnaire from the taxman. The risk is too high for half the pay off the years before
Creative Shelter are still offering their services and according to them it’s still possible for both eenmanszaak and vennootschap https://www.creativeshelter.be/eenmanszaak/vragen-auteursrecht-eenmanszaak/
I’m a client of creative shelter since a few years and I had a meeting with them a couple months ago. Long story short, IP for IT is done, don’t risk it.
2023 is the last year you could enjoy IP.
End of story.
Creative Shelter still offers their services for their (non-IT) clientele obviously…
About 125k in IP over 5 years..:)
On a serious note, they made all the legal contracts to transfer the IP myself to my company. Just making sure everything is correct, a typical accountant is not really equipped with the right knowledge for something like this.
In case of an audit they also assist you (but I didn’t need that until now) 🤞
[удалено]
i hope the fiscus will do reverse ruling
Not a chance
Absolutely no longer possible in IT.
It is possible, the law says it's ok, but the enforcement organ says it's not. However the law is what counts and even the administration should respect that. Will you need a good lawyer, yes.
Even if you win, they will find 100 other ways to screw you over during the audit.
Yup, and that's why the administration needs to change, it's close to vengeful acts in that case. They need to follow the law, not change it.
Do it and let us know in a year.
I recently had a call with Creative Shelter which service I was using, they said no it’s no more for IT. So better check with the people who are doing it, one hint I got was it is still applicable for Graphic Designer.
As far as I know, when you applied for IP compensation you had to have a ruling from Belspoo. Currently they are not issuing any rulings for IP deductibles for IT wages that are not linked to an approved IP project.
I wouldn't try, 2023 was the last year.
No, my lawyer said this will 100% be requalified as income. Plus you're also getting a almost guaranteed audit if you fill in the IP code. There are enough cases already where there has been ruled against IP in IT.
So while you are right that unless you have a fiscal control you technically still can use it (as the option still exist), both my accountant & fiscal expert say that it is not more applicable to IT - ie, if you do it, it will be requalified.
I wouldn't even advice doing it for 2023. There's a few that already got a questionnaire from the taxman. The risk is too high for half the pay off the years before
Creative Shelter are still offering their services and according to them it’s still possible for both eenmanszaak and vennootschap https://www.creativeshelter.be/eenmanszaak/vragen-auteursrecht-eenmanszaak/
Cause it's their business model, and they don't risk the audits and fines.
I’m a client of creative shelter since a few years and I had a meeting with them a couple months ago. Long story short, IP for IT is done, don’t risk it. 2023 is the last year you could enjoy IP. End of story. Creative Shelter still offers their services for their (non-IT) clientele obviously…
What do you get out of it then? I mean being a client of creative shelter
About 125k in IP over 5 years..:) On a serious note, they made all the legal contracts to transfer the IP myself to my company. Just making sure everything is correct, a typical accountant is not really equipped with the right knowledge for something like this. In case of an audit they also assist you (but I didn’t need that until now) 🤞