Category: Andersen in Belgium
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Sub Rosa Legal reinforces Andersen
The integration of Sub Rosa Legal within Andersen offers significant complementary benefits to our clients. Their in-depth expertise in corporate law allows us to further expand and deepen our services. This collaboration allows us to support you even more broadly with legal solutions that strengthen their business operations. The combined knowledge and experience of both…
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New unlawful terms for franchise agreements with supermarkets
1. Why this new legislation? By analogy with what already existed for B2C contracts (contracts between businesses and consumers) since the 1990s, effective 1 December 2020, the legislator has also introduced rules for B2B contracts (contracts between businesses) under which certain terms are classified as unlawful. *** READ ALSO Discover our e-book about unfair terms…
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How can farming lease payments be made? Is payment in kind still possible? Is there still a maximum lease price?
This article delves into the methods of fulfilling farming lease payments, the existence of a maximum lease price, the potential for disputes over payment, and the conditions under which a farming lease price can be revised or increased.
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Brussels winter moratorium violates human rights?
The Justice of the Peace of Ixelles was recently asked whether the winter moratorium, provided for in the Brussels Housing Code, entered into force by the ordinance of 22 June 2023 in the Brussels Capital Region, does not violate the European Convention on Human Rights (hereafter ECHR), and more specifically Article 1 of the First…
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B2B Structured electronic invoicing
The law introducing the obligation to issue structured electronic invoices between taxable persons was published in the Belgian Official Gazette on 20 February 2024. The obligation to issue electronic invoices stems from the European “VAT in the digital age” project and, more generally, from the aim to combat VAT fraud, which is a key issue…
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How can a farming lease agreement be terminated by the lessee?
Flemish Farming Lease Decree explained (Part 8) The first farming lease legislation, dating back to 1929, aimed to balance the lessor’s dominance by providing legal protection for the lessee. This legislation included provisions on a minimum lease duration of nine years, the obligation for the lessor to issue a termination notice to end the farming…
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Several changes to Flemish environmental law imminent
1. The Collective Decree This decree amends 22 laws/decrees relating to environmental law. The main amendments were already discussed in the article published on our website some time ago. The preliminary draft of this decree was approved in principle by the Flemish Government in November 2022 and ratified on 17 May 2024. It is currently awaiting publication…
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How does the termination compensation of a farming lease agreement get calculated?
Flemish Farming Lease Decree explained (Part 7) 1. The fixed compensation Due to the extensive freedom under the Farming Lease Law, parties often used the scales established by provincial agricultural chambers to calculate the termination compensation or agreed that the termination allowance would be twice the farming lease price. This not only caused confusion and…
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Are cryptocurrency capital gains to be declared as taxable income?
1. Three possible tax qualifications There is (still) uncertainty regarding the tax treatment of cryptocurrency capital gains. This mostly concerns the tax treatment of capital gains that can be realised on the sale or conversion of cryptocurrency. If such capital gains are realised by an individual, three possible tax qualifications are conceivable: Although this ambiguity…
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The new minimum housing quality standards in the Brussels Capital Region
1. An overview of the key aspects of the decree 1.1 Building safety The decree sets minimum standards regarding the structural condition (formerly described as ‘stability’) of the building, including foundations, masonry, load-bearing structures, roofs, floors, stairs, fireplaces and more. From 1 January 2026, the safety assessment will be expanded to include more aspects than…