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Belgium Tax & Residency

@Mike Forman hi
If I don’t do it from Seychelles and I’ll do it through another company in European country (Boulgaria) I assume will be safer and better?
But again my main concern is the tax residency of myself. How I can (personally) 100% be safe that they will not try to make me tax resident?
1. What If every day after office I’ll be traveling with train to sleep/stay in another country near buy?
Again, the Seychelles or any company invoicing will be from their subcontractor in Italy. So the Seychelles invoice will never reach the Belgium. Belgium company that I’ll be working for will get invoice from the Italian company that is “renting” me to them. Therefore, officially, I’m not working in Belgium (not even in Italy, but only in my Bulgarian company).
2. What if I manage to be only less than 3 months (broken days) in Belgium and then at the total 5 months I resign and leave (need to get to my tax resident country, Singapore)? Am I 100% safe? Why not? It’s just a small job my own company is doing as freelancing.
3. How they can find all these if I just go to a hotel and staying and then flying out often?
4. How Belgium (only??) bypasses all European model and can make someone tax resident if they are only 3 months in the country, or as somebody said just by working officially there, zero days or one day per year even never in Belgium.
5. What if another country (Bulgaria, Singapore) will have me as tax resident because I comply (183 days per year in)? How can this happen? Where I will he required to pay worldwide income? To both??
6. so if normally I’ll become a tax resident there I should pay the 45% tax of my company Income, correct? I was told that many people work in belgium with the same model and never pay tax as European citizens (because invoicing other subcontractor companies through their European conpanies, / they proposed me to do the same, invoicing the Italian subcontractor of belgium conpany with my Bulgarian company). Again l, I believe that I will have to pay tax for this (correct?? This is imoortant because lowers the amount and then does NOT WORTH all this),and they might consider the Bulgarian company as tax resident of belgium too (I can decide for the schema - nominee or everything myself director and shareholder).
6. What would you do in my case? Give up and forget the job? As I have other important income, investments, etc I don’t want get any risk at all. I would like to do it for the experience not for the money only.
Thank you
 
@Mike Forman hi
If I don’t do it from Seychelles and I’ll do it through another company in European country (Boulgaria) I assume will be safer and better?
But again my main concern is the tax residency of myself. How I can (personally) 100% be safe that they will not try to make me tax resident?
1. What If every day after office I’ll be traveling with train to sleep/stay in another country near buy?
Again, the Seychelles or any company invoicing will be from their subcontractor in Italy. So the Seychelles invoice will never reach the Belgium. Belgium company that I’ll be working for will get invoice from the Italian company that is “renting” me to them. Therefore, officially, I’m not working in Belgium (not even in Italy, but only in my Bulgarian company).
2. What if I manage to be only less than 3 months (broken days) in Belgium and then at the total 5 months I resign and leave (need to get to my tax resident country, Singapore)? Am I 100% safe? Why not? It’s just a small job my own company is doing as freelancing.
3. How they can find all these if I just go to a hotel and staying and then flying out often?
4. How Belgium (only??) bypasses all European model and can make someone tax resident if they are only 3 months in the country, or as somebody said just by working officially there, zero days or one day per year even never in Belgium.
5. What if another country (Bulgaria, Singapore) will have me as tax resident because I comply (183 days per year in)? How can this happen? Where I will he required to pay worldwide income? To both??
6. so if normally I’ll become a tax resident there I should pay the 45% tax of my company Income, correct? I was told that many people work in belgium with the same model and never pay tax as European citizens (because invoicing other subcontractor companies through their European conpanies, / they proposed me to do the same, invoicing the Italian subcontractor of belgium conpany with my Bulgarian company). Again l, I believe that I will have to pay tax for this (correct?? This is imoortant because lowers the amount and then does NOT WORTH all this),and they might consider the Bulgarian company as tax resident of belgium too (I can decide for the schema - nominee or everything myself director and shareholder).
6. What would you do in my case? Give up and forget the job? As I have other important income, investments, etc I don’t want get any risk at all. I would like to do it for the experience not for the money only.
Thank you

I believe you already know the answers, you are working in Belgium, reside there for at least 90 days and finding structures to avoid paying income tax, social security etc.


Using a structure outside of Belgium will change nothing to the fact that you are working in Belgium and are a considered to be a Belgian tax payer. Even you are not a resident you are still required to file with Belgian tax authorities a tax filing for non residents. Lying in there or forger to both bring risks.

You can check yourself and as they also state on their public site it depends on multiple factors. There is no clear answer but rest assured that Belgian tax authorities will always argue you have to pay tax.


Either consult a few tax lawyers / advisors or decide for yourself if you want to take the risk. The more you are in Belgium over a longer period of time, the higher the risk.

If it's just for one year I would say there is little risk of getting caught. Crossing daily the borders makes no difference, even if you are just 5 minutes in Belgium it counts as one day.
How can they proof? They can't and don't need to as you will have to proof you were not in Belgium.

I can't confirm what I would do as I stay out of EU as much as possible being an EU citizen. If you can hold your income outside of the EU and you are a non EU resident as well or ok to "disappear" to any non EU for 5 years in case there is any trouble, you should be ok. If not then, they can always tax you going back 7 years.
 
Thank you @Mike

I can't confirm what I would do as I stay out of EU as much as possible being an EU citizen. If you can hold your income outside of the EU and you are a non EU resident as well or ok to "disappear" to any non EU for 5 years in case there is any trouble, you should be ok. If not then, they can always tax you going back 7 years.
What do you mean go back 7 years?? If I was not tax resident of Belgium those years they can still tax me?

Also, what about this concept: getting the job by getting paid outside, and getting to Belgium less than 3 months (physically) in a year, am I completely safe?

I mean to try to arrange a remote working, getting there 85 days per year (yes including the seconds or the day etc), am I completely legal and safe?

Thank you
 

Belgian tax system for foreigners​

If you live in Belgium for fewer than six months (183 days) per year, you are only taxed on income you’ve earned in the country, including rents and capital gains.

Good luck applying that as a Belgian citizen, you will have no chance. Belgian residents that work abroad can be partially tax exempted as expat working abroad, anything else they will come after you especially if you have assets in Belgium (house, savings,..) .

If you are not a Belgian citizen or resident (with a Belgian ID card) chances you come the radar is non existent unless you work in Belgium and they find out.
 
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