Act Containing The Budget Of Ways And Means Of The Budgetary Year 2016 (1)

Original Language Title: Loi contenant le budget des Voies et Moyens de l'année budgétaire 2016 (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015003452&caller=list&article_lang=F&row_id=100&numero=142&pub_date=2015-12-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-30 Numac: 2015003452 SERVICE PUBLIC FEDERAL BUDGET and control of the management 18 December 2015. -Act containing the budget of ways and means of the budgetary year 2016 (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. for the fiscal year 2016, current income and the State are valued: for tax revenue, to EUR 52.437.481.000 for recipes to be together not tax to EUR 3.497.802.000 EUR 55.935.283.000 under Title I of the attached table.
S. 3. for the fiscal year 2016, capital of the State revenues are estimated: for tax revenue, to EUR 250,000,000 for revenues to be together not tax to EUR 890.509.000 EUR 1.140.509.000 in accordance with title II of the attached table.
S. 4. for the fiscal year 2016, the proceeds of borrowings is estimated at 45.830.422.000 euros, in accordance with title III of the attached table.
S. 5. the direct and indirect taxes in main and additional decimated for the benefit of the State, existing on December 31, 2015, will be recovered during the year 2016 according to the laws, orders and rates which solve the attitude and perception, including the laws, orders and prices which have only a provisional or temporary character.
S. 6. the application of articles 3 and 4, § 1, of the Act of December 28, 1954 containing the channels budget and average for the year 1955, is extended until December 31, 2016.
S. 7 the King can, in the limits and conditions that it determines, to grant tax exemptions to income from loans that in 2016, would be issued or placed mainly abroad by the federal State, the communities, regions, provinces, agglomerations, municipalities and institutions or public bodies, and in particular the Treasury bills denominated in foreign currencies.
With regard to the income of these loans which would be held by Belgian residents, tax exemptions can however be granted to financial institutions only or undertaken y assimilated and professional investors referred to in article 105, 1 ° and 3 °, of the AR/CIR 92, and, without prejudice to the application of article 262, 1 °, of the 1992 income tax Code legal persons referred to in article 220 of the 1992 income tax Code.
S. 8 § 1. For the deficiency of revenue over expenditures for the year 2016, including, under the management of the public debt, loan reimbursements and possible expenses resulting from operations of financial management referred to in § 3, 1 °, below, or the passenger imbalances in cash in fiscal year: 1 ° the King is authorised to issue Government bonds.
Where the King has established a general framework for the issue of loans that determines the limits of the powers that can be delegated, the Minister of finance may be allowed to emit, during the budgetary year, borrowings which fall within this framework.
2 ° the Minister of finance is authorized to issue certificates of cash, Treasury or any instrument of financing other than public loans interest-bearing bills.
The authorizations referred to in paragraph 1, 1 ° and 2 °, are also applicable to the issuance of government bonds and other instruments of financing interest which the conditions are laid down in the course of 2016 and the proceeds are paid to the Treasury during a fiscal year to cover, under the management of the public debt, the inadequacy of income over expenditures for the past fiscal year.
The borrowings referred to in the paragraph 1, 1 ° and 2 °, and paragraph 2, may be issued as well in Belgium as abroad, in euro and in foreign currencies.
§ 2. The management of the public debt has for primary objective to minimize the financial cost of the debt of the federal Government as part of a risk management market and operational risks and in accordance with the General objectives of fiscal policy and monetary policy.
The management of the public debt is also intended to minimize the financial cost of debt of the public entities of the central administration, other than the federal Government itself.
To this end, the Minister of finance determines, on proposal of the strategic Committee of debt operating within the General administration of the Treasury, the General guidelines applicable to the management of the debt of the federal State; These guidelines focus in particular on the structure of the debt portfolio and the level of risk that may be associated to him.
The strategic Committee of debt makes provisions for the implementation of these guidelines. They frame the financial transactions themselves by the Agency of debt created within the FPS finance, general administration of the Treasury.
§
3. The Minister of finance is authorized: 1 ° to conclude any transaction of financial management within the limits determined pursuant to § 2 above.
Financial management operation, means: a) operations of day-to-day management of the Treasury, namely financial transactions resulting from the need to ensure the daily balance of Fund;
(b) trade in securities;
c) adaptation of the contractual conditions or terms for repayment of existing loans, made an agreement with lenders and in accordance with the conditions of the market;
d) investments of any kind, including those necessary for the continuity of the financing of Treasury;
(e) interest swaps and currency swaps, options, futures, and other instruments of risk financial, budgetary and management of credit related to the debt of the federal State and authorized by the Minister of finance pursuant to § 2 above;
(f) purchases of debt securities of the federal State on the secondary markets);
g) updates available temporary, through surrender-surrender operations or other which have a similar economic effect, certificates of cash, linear bonds, split securities and the State vouchers for primary dealers and recognized dealers.
On proposal of the strategic Committee of the debt, updates with temporary provisions referred to in paragraph 1 may be extended to institutions subject to a duty of rating for the treasure of Kingdom of Belgium values, other than the primary dealers and recognized dealers referred to in paragraph 1;
h) provision of money during a very short period by the Treasury as a lender as a last resort, public entities of the central administration. This provision must be due to insufficient supply of the account of the entity concerned with bpost caused by operational problems and be required to perform urgent payments;
(i) Treasury financial operations other than those referred to in point h) with public entities to the central administration, with the exception of cash facilities to cover temporary deficits in cash of those entities for which stopped other modalities for the placement or the investment of their availability than those laid down by the financial assets of the General Government consolidation measures imposed by or under the Act or for which is fixed a minimum amount of supplies from which the modalities for the placement or the investment of their availability under financial assets of the General Government consolidation measures, imposed by or under the Act are applicable;
(j) products derived for management: o the cost of the energy consumption of the federal State;
o the cost of other operating expenses of the federal State, the King may appoint;
2 ° in addition to existing debt securities exchange against new linear bonds, outstanding proportion of interest payments to the outstanding securities, through delivery to the beneficiaries of linear bonds;
3 ° in accordance with the convention on January 5, 1994 with the National Bank of Belgium to create representative dematerialised securities of the debt of the State, with the same characteristics as those of the outstanding securities to lend these short-term securities at the National Bank of Belgium according to the needs of its settlement system for securities;
4 ° to proceed to the issuance of dematerialised securities representing debt of the State to bring in Treasury account in the settlement system for securities of the National Bank of Belgium to make possible the operations provided for in 1 °, g) or in order to deliver these securities as financial securities to third parties;
5 ° to carry out the needs of the settlement system for securities of the National Bank of Belgium, to the creation of linear bonds having the same characteristics as linear bonds outstanding to make possible the reconstruction of linear bonds using the BE-strips.
§ 4. By way of derogation from article 19 of the law of 22 May 2003 on the organisation of the budget and accounts of the federal State, the products of instruments of short-term financing (certificates of cash, Treasury bills and similar instruments) and the products resulting from the transactions referred to in § 3, 1 °, g), are not included in the budget.

In order to ensure the continuity of the financing of Treasury, the authorisations referred to the § 1, paragraph 1, 1 ° and 2 °, also apply to loans whose conditions are laid down in the previous budget years and whose proceeds are paid to the year 2016.
The Minister of finance is authorized to manage cash in foreign currencies to avoid any impact on the conduct of monetary policy operations in foreign currencies in the context of the financial management of the Treasury.
In the context of the financial management operations provided for in § 3, 1 °, above, the Minister of finance is authorized to hold securities: 1 ° in the settlement system for securities of the National Bank of Belgium;
2 ° in the international systems of liquidation of securities as well as in the international systems of conservation of securities;
3 ° in some financial institutions authorized by the legislation which is applicable to keep securities on deposit for account of third parties.
§ 5. The Minister of finance may delegate to officials General of the SPF finance, general administration of the Treasury, as well as to the staff of the Agency debt incorporated within the General administration of cash which it designates for the specific tasks outlined by him: has) the power to determine, within the limits laid down by the King and the needs of the Treasury the amount and financial emissions of covered public borrowing conditions in the § 1 , paragraph 1, 1 °, and paragraph 2, as well as the powers necessary for the successful completion of these emissions;
b) powers referred to the § 1, paragraph 1, 2 °, and paragraph 2, § 3 and § 4, paragraphs 3 and 4.
S. 9. for projects falling within their competence, to the implementation of article 5, § 1, of Regulation (EEC) no 1941/81 on an integrated development programme for the areas of Belgium, the financial means to be allocated shall be paid to the budgets of the Regions.
These financial resources are collected on refunds to the Belgian Treasury which the European communities are required to perform, in respect of collection costs, pursuant to article 3, 1 °, fifth paragraph, of the decision of 21 April 1970 of the Council of Ministers of the communities European concerning the replacement of the contributions of Member States by the communities own resources European approved by the Act of 23 December 1970.
The amounts to be transferred are determined by the Minister of Finance on the basis of determined contest or planned by the Commission of the European communities.
S. 10. with a view to the implementation of Regulation (EC, EURATOM) No. 609/2014 Council of May 26, 2014, on the terms and conditions and the procedure for provision of traditional own resources, the VAT-based own resource and the GNI-based own resource and measures to cope with cash requirements accruals recorded, identified on the occasion of the controls, increased interest are, after the opinion of the financial oversight, put at the disposal of the Commission European.
By way of derogation from article 60 of the law of 22 May 2003 on the organisation of the budget and the accounts of the federal State, these rights recognized, increased interest are levied on refunds to the Belgian Treasury which the European communities are obliged to perform as collection costs, under the terms of decision 2007/436 of 7 June 2007 on own resources and decision 2014/335 of May 26, 2014 on own resources art. 11. pursuant to article 53, paragraph 1, 1 °, of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and extending the tax competences of regions, by the special law of July 19, 2012 on just funding the Brussels Institutions and by special Act from 6 January 2014 on reform of the financing of the communities and regions, expansion of the tax to the regions autonomy and funding of new skills, and taking into account: has) the allocation referred to in article 4, § 5, of the same special Act of January 16, 1989, the interests of delay, the burden of interest on arrears and tax fines fixed and proportional regional tax referred to in article 3 of this special Act;
(b) in the situation referred to in article 5, § 3, paragraph 2, of the same special law of 16 January 1989, where the Flemish Region provides itself, from the year 1999, the service tax for property tax referred to in article 3, 5 °, of the Special Act;
c) of the situation referred to in article 5, paragraph 3, of the Special Act of 16 January 1989, where: 1) the Walloon Region provides itself, from January 1, 2010, the service tax for regional taxes referred to in article 3, 1 °, 2 ° and 3 °, of the Special Act;
(2) the Walloon Region provides itself, from 1 January 2014, the service tax for regional taxes referred to in article 3, 10 °, 11 ° and 12 °, the same special law;
(3) the Flemish Region ensures itself, from January 1, 2011, the service tax for regional taxes referred to in article 3, 10 °, 11 ° and 12 °, the same special law;
(4) the Flemish Region ensures itself, from January 1, 2015, the service tax for regional taxes referred to in article 3, 4 °, 6 ° to 8 °, of this special Act;
the transfers referred to in article 3 of this special Act, plus interest and penalties above, regional tax are estimated for the year 2016 to 98.165.000 budget, EUR for the Flemish Region, 1.941.423.000 EUR for the Walloon Region and 1.366.407.000 EUR for the Brussels-Capital Region.
S.
12. pursuant to article 53, paragraph 1, 2 °, of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and extending the tax competences of regions, by the special law of July 19, 2012 on just funding the Brussels Institutions and by special Act from 6 January 2014 on reform of financing of the communities and regions, enlargement of the fiscal autonomy of the regions and funding of new skills and taking into account: a) of the Act of 23 May 2000 laying down the criteria referred to in article 39, § 2, of the Special Act of 16 January 1989;
(b) the amount referred to in article 81quinquies, § 2, of the same special law of 16 January 1989, that is worn in deduction of the part attributed by the product of the the value added tax referred to in article 40quinquies of the Special Act and attributed to the Flemish community;
c) the amount of transition referred to in article 48/1, §§ 1 and 4, of the same special law of 16 January 1989 for the Flemish community and the French community, which is, in accordance with article 48/1, § 5, of the Special Act: 1) door in deduction of the part assigned to the proceeds from the tax of the federal natural persons referred to in article 47/2 of the Special Act and granted respectively to the Flemish community and in the French community, if the amount of transition is positive, 2) added to the part assigned the proceeds from the tax of federal natural persons referred to in article 47/2 of the same Act special and granted respectively to the Flemish community and the French community, if the amount of transition is negative;
(d) of the contribution of accountability laid down in article 65quinquies, the same special law of 16 January 1989 for the Flemish community and the French community which is deducted from the part assigned to the proceeds from the tax of the federal natural persons referred to in article 47/2 of the Special Act and granted respectively to the Flemish community and the French community;
e) balance likely count of fiscal year 2015 of the proceeds from the tax of individuals assigned parts federal and the proceeds of the VAT referred to in article 36 of the same special Act of January 16, 1989;
transfers in assigned parts of the product of the value added tax and the product of federal personal income tax referred to in article 36 of the same special law are estimated for the fiscal year 2016, 13.938.141.343 EUR for the Flemish community and EUR 9.120.660.391 for the French community.
Pursuant to section 60 of the Act of 31 December 1983 of institutional reforms for the German-speaking community, last amended by the Act of 19 April 2014, and considering: has) the amount of transition referred to in article 58novodecies, § 1, of the Act of December 31, 1983, for the German-speaking community, which is, in accordance with article 58novodecies, § 3, of the Act
((: 1) door in deduction of the part assigned to the proceeds from the tax of the federal natural persons referred to in article 58nonies of the Act and given to the German-speaking community, so the amount of transition is positive, 2) added to the part assigned the proceeds from the tax of federal natural persons referred to in article 58nonies, of the Special Act and given to the German-speaking community If the amount of transition is negative;
(b) of the contribution of accountability under

section 60quater of the Act of December 31, 1983, for the German-speaking community which is worn as a deduction of the part assigned to the product of the federal personal tax and granted referred to in article 58nonies of the Act to the German-speaking community;
c) balance likely count of fiscal year 2015 of the proceeds from the tax of individuals assigned parts federal and the proceeds of the VAT referred to in articles 58nonies to 58undecies of the Act of 31 December 1983;
transfers in assigned parts of the product of the value added tax and the product of federal personal income tax which are referred to in articles 58nonies to 58undecies of the Act are estimated for the fiscal year 2016, at 149.090.808 EUR for the German-speaking community.
S.
13. pursuant to articles 53, paragraph 1, 3 °, 64quater and 64quinquies of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions by the special law of July 19, 2012 on just funding the Brussels Institutions and by the special law of 6 January 2014 on reform of the communities and regions, expansion of the fiscal autonomy of the regions and funding of new skills, transfers in the assigned part of the proceeds from the tax of the federal individuals referred to in articles 35octies to 35decies (, 64quater and 64quinquies of this same special Act of January 16, 1989, taking into account: a) the amount of transition referred to in article 48/1, §§ 2 and 4, of the same special law of 16 January 1989 for the Flemish Region, the Walloon Region and the Brussels-Capital Region which is, in accordance with article 48/1, § 5, of the Special Act ((: 1) door in deduction of the part assigned to the proceeds from the tax of the federal natural persons referred to in articles 35octies to 35decies of the Act granted respectively to the Flemish Region, the Walloon Region and in the Brussels-Capital Region, if the amount of transition is positive and special, 2) added to the part assigned the proceeds from the tax of the federal natural persons referred to in articles 35octies to 35decies of the same Act special and granted respectively to the Flemish Region, the Walloon Region and in the Brussels-Capital Region, if the amount of transition is negative;
(b) amounts referred to in article 64quater, § 3, paragraph 1 of the special law of 16 January 1989 which are deducted the assigned part of the proceeds from the tax of the federal individuals referred to in article 35decies, the Act granted respectively to the Flemish Region and the Walloon Region and special;
(c) accountability contribution referred to in article 65quinquies of the same special law of 16 January 1989 for the Flemish Region, the Walloon Region and the Brussels-Capital Region which is deducted from the part assigned to the proceeds from the tax of the federal natural persons referred to in articles 35octies to 35decies of the Special Act and granted respectively to the Flemish Region the Walloon Region and in the Brussels-Capital Region;
d) the likely balance of the counting of the special budget year 2015 of the assigned parts of the proceeds of the tax of the federal natural persons referred to in articles 35octies to 35decies, 64quater and 64quinquies, of the Act of January 16, 1989;
are estimated for the fiscal year 2016, 2.326.101.145 EUR for the Flemish Region, 2.609.503.406 EUR for the Walloon Region and 1.064.023.067 EUR for the Brussels-Capital Region.
S. 14. the transfers of tax revenues of the regions referred to in article 2A of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions by the Special Act of July 19, 2012, bringing a fair funding of the Brussels Institutions and by the Special Act of 6 January 2014 on reform of the communities and regions, expansion of the tax to the regions autonomy and funding of new skills, are estimated for the fiscal year 2016, at 156.989.979 EUR for the Flemish Region to 43.901.623 EUR 12.845.606 EUR for the Brussels-Capital Region and the Walloon Region.
S.
15. the transfers referred to in articles 54/1 and 54/2 of the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions by the special law of July 19, 2012, bringing a fair funding of the Brussels Institutions and by the special law of 6 January 2014 on the reform of the financing of the communities and regions, expansion of the tax of the regions autonomy and funding of new skills, tax of regional natural persons referred to in article 5/1, § 1, of the same special Act of January 16, 1989 after deduction of the reductions in tax and tax credits referred to in article 5/5, § 4, of the Special Act, are estimated for the fiscal year 2016, 5.485.370.184 EUR for the Flemish Region, 2.492.539.286 EUR for the Walloon Region and 788.724.594 EUR for the Brussels-Capital Region.
S.
16. the transfer granted to the Joint Community Commission in part attributed the proceeds from the tax of federal physical persons referred to in article 65, § 1, 2 ° 1 in § 6, the Special Act of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the Federal State structure by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions, by the special law of July 19, 2012, bringing a fair funding of the Brussels Institutions and the special law of 6 January 2014 on reform of the communities and regions, expansion of the fiscal autonomy of the regions and funding of new skills ((, is estimated for the fiscal year 2016 zero EUR, account: has) the transition amount referred to in article 48/1, §§ 1 to 4, of the Special Act of 16 January 1989 for the common Community Commission which is, in accordance with article 48/1, § 5, of the Special Act: 1) door in deduction of the part assigned federal personal income tax and granted to the Community Commission referred to in article 65 of the Special Act common, and possibly is deducted from the allocations referred to in articles 47/8 and 47/7 of the same Act special and granted to the common Community Commission, if the amount of transition is positive;
(2) added to the part attributed the tax of the federal natural persons referred to in article 65 of the Special Act and granted to the Joint Community Commission, if the amount of transition is negative;
(b) of the contribution of accountability laid down in article 65quinquies, of the same special law of 16 January 1989 for the common Community Commission which is paid as a deduction in part attributed the tax of the federal natural persons referred to in article 65 of the same Act special and granted to the common Community Commission, possibly is deducted from the allocations referred to in articles 47/8 and 47/7 of the same Act special and granted to the Commission Community municipality;
c) the likely balance of the count of fiscal year 2015 of the assigned parts of the proceeds of the tax of the federal natural persons referred to in articles 65, § 1, 2 ° 1 and § 6 of the Special Act of January 16, 1989 art. 17. the transfer in part attributed to the proceeds from the tax of the federal natural persons referred to in articles 65bis and 65ter of the special law of 16 January 1989 on the financing of the communities and the regions, as amended by the Special Act of 16 July 1993 aimed at completing the federal structure of the State, by the special law of 13 July 2001 on the refinancing of the communities and the regions taxation powers extension (, by the special law of July 19, 2012, bringing a fair funding of the Brussels Institutions and by the special law of 6 January 2014 on the reform of the financing of the communities and regions, enlargement of the fiscal autonomy of the regions and funding of new skills, is, taking into account: has) the contribution of accountability laid down in article 65quinquies, of the Special Act of 16 January 1989 for the French Community Commission, which is deducted from the allocated part the product of federal tax of natural persons referred to in article 65bis, of the Special Act and granted to the French Community Commission;
b) balance likely count of fiscal year 2015 in part attributed to the proceeds from the tax of natural persons referred to in articles 65bis and 65ter, of the same special Act of January 16, 1989;
estimated for the year 2016 to 63.422.587 budget, EUR 15.895.066 EUR for the Community Commission Flemish and the French Community Commission.
S. 18. the transfer part

allocated the proceeds from the tax of federal natural persons referred to in article 46bis from the Special Act of 12 January 1989 relating to Brussels institutions, as amended by the special law of 13 July 2001 on the transfer of various powers to the regions and the communities, by the special law of 13 July 2001 on the refinancing of the communities and extension of the tax competences of the regions by the special law of July 19, 2012, amending article 16bis of the Special Act of 8 August 1980 institutional reforms and article 5bis of the Special Act of 12 January 1989 relating to Brussels Institutions and by the Act of 6 January 2014 the sixth State reform, for the fiscal year 2016, including the likely balance of fiscal year 2015 count is estimated at EUR 37.373.290.
S. 19. revenues for the benefit of the communities and regions are paid, as appropriate, either to a fund allocation to the general expenditure budget, or an order of cash account.
S.
20. this Act comes into force on January 1, 2016.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 18 December 2015.
PHILIPPE by the King: the Minister of finance, J. VAN OVERTVELDT the Minister for Budget, Ms. S. Wallace sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54.1351 - 2015/2016 full report: December 17, 2015.

For the consultation of the table, see image