“It is best to inform your tenants now”: our tax expert clarifies the 5 new rules surrounding your tax letter | Michel Maus

First of all: you can log in to MyMinfin with Itsme or an eID, but you can no longer use your token. And with that, that now prehistoric means of identification, which you needed at the very beginning of the digitization of the tax letter to complete your tax return online, is now finally buried by the FPS Finance.

Second concern: when should the tax return be filed? That is for those who send them on paper June 30, 2024 and that is also the deadline for anyone who wants to correct, amend or supplement the Proposed Simplified Declaration (VVA) on paper that has been sent to him.

If you choose MyMinfin, you have half a month longer: until July 15, 2024. Even more time is provided for a complex declaration: until October 16, 2024. “Complex means that it concerns income from self-employed people, if you have to declare profits or if there is foreign professional income. Just about everything for which you have to complete part 2 of the tax return,” explains Prof. Maus (VUB).

New: this period also applies to those who for the first time have to declare, for example, a property and/or a loan abroad or a maintenance benefit paid or received by or from a person abroad. If you meet the conditions, you can request an extension of the term in MyMinfin by checking a new box. “An extra service from the tax authorities,” praises our money expert, co-founder of Fiscaal Ideaal, which strives for a simpler and fairer tax system.

More than half of taxpayers now receive a pre-completed tax return. That’s a lot, but there may be errors

Prof. Michel Maus (VUB)

Equally user-friendly: even more information has already been filled in in advance by the tax authorities and more than four million VVAs have been drawn up, which is a tax letter that has already been filled in in advance with the data known to the FPS Finance. “More than half of taxpayers will receive such a pre-completed tax return this year. That is a lot,” says Michel Maus. “Just do what the FPS says and check carefully. Just because they do it doesn’t mean there aren’t mistakes.”

What is new is that such a VVA is also drawn up for deceased single taxpayers. This is useful for surviving relatives who do not have to complete a tax return themselves. “Two important comments. The pre-filled data must also be checked with suspicion. And secondly, there should be no confusion. This only concerns the tax return of the deceased for the income of 2023, the heirs always have to do the tax return themselves, or have it done.”

The number of federal measures that no longer apply for tax year 2024 fills an A4 page. “It is tax year 2024 with 2023 income first year without any effect of the one-off corona measures, only something here and there remains to revive the economy after that period.” Last year, the purchasing power premium could still be entered in box 386 for employees, 429 for company managers. “Up to 750 euros it is exempt from taxes. Companies will therefore also have paid out amounts of less than 750 euros as purchasing power premium. Anything they paid above that would be taxed as wages.”

For the 2023 income, the system whereby wages are partly tax-efficient will also be abolished royalty was paid out. “The number of people who can enjoy it has been drastically reduced. It used to be a bit far-fetched sometimes, wasn’t it? Setting up a summer bar or playing out a party as a creative concept… Now we return to the spirit of the law and copyrights are for people from the arts sector, such as authors, composers and other artists,” says Maus.

But a transitional arrangement has been worked out. “We will work with a distribution key that determines what part of your income can still be considered copyright. For 2023 revenues that is 50 percent, for this year 40 percent, in 2025 it will be 30 percent.” And so we get codes 123 and 124 for the new, stricter arrangement, 117 and 118 for the transitional arrangement.

This is quite comfortable for the tax authorities: they can even go back up to three years if the tenant already brought in that house as professional expenses, which can add up

Prof. Michel Maus (VUB)

The most striking thing this tax year is the annex for tenants who contribute part of their rental home as costs. This form, which is available in the online declaration and on the website of the FPS Finance, must state the address of that home, the amount of the rent and the details of the landlord and tick box 072. Anyone who does not check this box cannot deduct those costs.

“If the tenant completes that appendix, the tax authorities will contact the landlord,” says Maus. “Instead of only taxing the cadastral income of the home, they will then levy taxes on the rental income. And that is a lot more.”

But surely the landlord cannot know that his tenant also uses part of the home for professional purposes and deducts this as professional expenses? “This is quite comfortable for the tax authorities: they will even be able to go back up to three years if the tenant already included that house as business expenses. That can add up. And the landlord will have to recover the difference in taxes from the tenant. These can be busy times for justices of the peace. The tax authorities can even fine a landlord because he or she submitted an incorrect tax return. But I don’t think the tax authorities will go after that this year.”

As a landlord, is there anything you can do to prevent your rental property from suddenly costing you so much? “If the rental contract is registered for free, there is in principle no problem. Then the tax authorities know that it concerns a private rental and the tenant will not receive any deduction for this. If the contract is not registered, it becomes more difficult.”

“Most rental contracts traditionally contain a clause that the home may not be used for professional purposes. The landlord could therefore proactively remind the tenants of the rental contract before the tenants include part of the home on their tax return for this year. And also warn them that the difference in taxes will be recovered from them.”

“If your tenant works from home 1 day a week, you can be burdened a lot more.” What about the new tax controls on rental income?

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