Law Containing The Ways And Means Of The Budgetary Year 2015 Budget (1)

Original Language Title: Loi contenant le budget des Voies et Moyens de l'année budgétaire 2015 (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014004028&caller=list&article_lang=F&row_id=400&numero=456&pub_date=2014-12-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-29 Numac: 2014004028 SERVICE PUBLIC FEDERAL BUDGET and control of the management 19 December 2014. -Act containing the budget of the ways and means of the budgetary year 2015 (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. for the fiscal year 2015, current income and the State are valued: for tax revenues, to... EUR 49.731.592.000 for non-tax revenues, to... EUR 4.067.065.000 be together... EUR 53.798.657.000 under Title I of the attached table.
S. 3. for fiscal year 2015, revenue in the State capital are valued: for tax revenues, to... EUR 0 for non-tax revenues, to... EUR 1.017.518.000 be together... EUR 1.017.518.000 in accordance with title II of the attached table.
S. 4. for fiscal year 2015, the proceeds of borrowings is estimated at 45.427.232.000 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 at December 31, 2014, will be recovered during the year 2015 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, shall be extended until 31 December 2015.
S. 7 the King can, in limits and conditions that it determines, to grant tax exemptions to income from borrowing in 2015, 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 2015, 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 sometime in 2015 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: • of the cost of the energy consumption of the federal State;
• of 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 2015.
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. by way of derogation from article 17 of the royal decree No. 150 of March 18, 1935, coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et Consignations and with Amendments Act of July 31, 1934, the rate of interest to improve in 2004. in consignments, voluntary deposits and bonds of all categories assigned to the Caisse des Dépôts et Consignations will be fixed by the Minister of finance.
S.
10. 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.
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, § 3, 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;
transfers regional tax referred to in article 3 of this special Act, plus interest and penalties referred to above, are estimated for the year 2015 to 4.227.759.000 budget, EUR for the Flemish Region, 1.943.048.000 EUR for the Walloon Region and 1.318.948.000 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;
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 fiscal year 2015, 13.915.030.848 EUR for the Flemish community and EUR 9.231.542.774 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) contribution accountability referred to in article 60quater, of the Act of December 31, 1983, for the German-speaking community which is brought in deduction of the assigned part of the proceeds from the tax of the federal individuals referred to in article 58nonies, of the Act and granted to the German-speaking community;
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 fiscal year 2015, at 146.664.023 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 special Act

19 July 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;
are estimated for fiscal year 2015, 2.925.500.534 EUR for the Flemish Region, 2.762.175.251 EUR for the Walloon Region and 1.081.248.262 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 fiscal year 2015, EUR 156.981.449 for the Flemish Region to 43.905.039 EUR 12.848.965 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 fiscal year 2015, 5.593.514.400 EUR for the Flemish Region, 2.585.291.456 EUR for the Walloon Region and 833.278.960 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 fiscal year 2015 to zero EUR, account: has) the amount of transition 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;
S. 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:-the contribution of accountability laid down in article 65quinquies of the same special Act of January 16, 1989, for the Community Committee French which is deducted from the allocated part of product tax referred to in article 65bis federal physical persons, the same special Act granted into the French Community Commission - estimated for the year fiscal 2015 to 62.373.441 EUR 15.628.907 EUR for the Flemish Community Commission and the French Community Commission.
S. 18. the transfer in part attributed to the proceeds from the tax of the 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 Act of 13 July 2001 on the transfer of various powers to the regions and the communities, by the Special Act of 13 July 2001 on the refinancing of the communities and the regions taxation powers extension 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 sixth reform of the State Act of January 6, 2014, is estimated for fiscal year 2015, 36.810.516 EUR.
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, 2015.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, December 19, 2014.
PHILIPPE by the King: the Minister for the Budget, H. JAMAR the Minister of finance, J. VAN OVERTVELDT sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54.0495 - 2014/2015 full report: December 18, 2014 for the consultation of the table, see image