Herman Driessen In case of the sale of a new building simultaneously with the land on which the new building stands, VAT is - under certain conditions - only due on the sale of a new building but not on the land. The sale of land is subject to registration duties (10% or 12.5%). As already announced earlier in our article of May 2008, VAT (21%) will become due on the sale of the land. Indeed, after discussing this matter with the VAT Committee, Belgium has implemented the findings of the European Court of Justice in the Breitsohlcase (ECJ, June 8 2008, C-400/98) into Belgian VAT legislation. This important change is recently announced in the Belgian Official Gazette and the new measure will come into force within 11 months, that is, from January 1 2011. Until December 31 2010 the supply of land will remain VAT exempt.
February 01 2010