Bill Containing The Ways And Means Of The Fiscal Year 2017 Budget (1)

Original Language Title: Loi contenant le budget des Voies et Moyens de l'année budgétaire 2017 (1)

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Published the: 2016-12-29 Numac: 2016003453 SERVICE PUBLIC FEDERAL BUDGET and control of the management 25 December 2016. -Bill containing the budget of the ways and means of the fiscal year 2017 (1) PHILIPPE, King of the Belgians, to all present and future salvation.
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.
Art. 2. for the fiscal year 2017, the current revenue of the State are evaluated: for tax revenues, to... EUR 50.214.548.000 for non-tax revenue, to... EUR 3.712.684.000 be together... EUR 53.927.232.000 in accordance with title I of the attached table.
Art. 3. for the fiscal year 2017, revenues in the State capital are valued: for tax revenues, to... EUR 250,000,000 for non-tax revenue, to... EUR 777.840.000 be together... EUR 1.027.840.000 in accordance with title II of the attached table.
Art. 4. for fiscal year 2017, the product of loans is valued at 48.105.140.000 euros, in accordance with title III of the attached table.
Art. 5. direct and indirect taxes in main and additional decimated for the benefit of the State, existing at December 31, 2016, will be recovered during the year 2017 according to the laws, orders and rates that solve the assessment and collection, including laws, decrees and rates which have only a provisional or temporary character.
Art. 6. the application of articles 3 and 4, § 1, of the Act of December 28, 1954, containing the tracks budget and average for the year 1955, is extended until December 31, 2017.
Art. 7. by derogation from article 47 of the law of 22 May 2003 on the Organization of the budget and accounting of the federal State, the fiscal revenue of the entities created following the integration of the SPF process horizontal can be attributed to load items of revenue of the sections 02 - Chancellery of the Prime Minister, 03 - FPS Budget and management control 04 FPS Personnel and Organisation and 05 - FPS information and Communication technology.
Art.
8 the King can, in the limits and the conditions it determines, grant tax exemptions to the income from loans that in 2017, would be issued or placed mainly abroad by the federal State, the communities, the regions, provinces, cities, municipalities and institutions or public bodies, and particularly the Treasury bills denominated in foreign currencies.
With respect to revenue from the titles of these loans which would be held by Belgian residents, tax exemptions cannot be granted to only financial institutions or businesses are assimilated and professional investors referred to in article 105, 1 ° and 3 °, of the AR/CIR 92, as well as, without prejudice to the application of article 262, 1 °, of the 1992 income tax Code to the persons referred to in article 220 of the 1992 income tax Code.
Art.
9 § 1. To cover, under the management of the public debt, the inadequacy of income over expenditures in the year 2017, including the loan repayments and any cost resulting from the operations of financial management referred to in paragraph 3, (1), below, or the passenger imbalances in cash in fiscal year: (1) the King is allowed to issue public debt.
When the King has set a general framework for loans that determines the limits of powers that can be delegated, the Minister of finance may be authorized to issue, in the fiscal year, loans that go into this framework.
(2) the Minister of finance is authorized to issue certificates of Treasury, Treasury or any instrument of financing other than public borrowing interest-bearing.
The authorizations referred to in paragraph 1, 1 ° and 2 °, also apply to the issuance of government bonds and other instruments of financing interest conditions are set in 2017, and how the proceeds are paid to the Treasury during a fiscal year in order to cover, under the management of the public debt, the inadequacy of income over expenditure of the last 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 euros and in foreign currencies.
§ 2. The management of the public debt has for main objective to minimize the financial cost of debt of the federal State as part of a risk management market and operational risks and in accordance with the General objectives of fiscal policy and monetary policy.
Public debt management is also aimed to minimize the financial cost of debt of public bodies of the central administration, other than the federal State itself.
To this end, the Minister of finance determines, on the proposal of the strategic Committee of the Federal agency debt, 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 risks that may be associated with.
The Federal agency debt takes the provisions of these general directives.
§ 3. The Minister of finance is authorized: (1) to enter into any financial management operation within the limits determined pursuant to § 2 above.
Financial management operation, means: has) the operations of daily management of Treasury, namely financial transactions resulting from the need to ensure the daily balance of Fund;
(b) trade in securities;
(c) adaptation of the contractual terms or terms of repayment of existing loans, made in 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 the Treasury;
(e) the interest swaps and currencies, options, futures, swaps, and any other instrument of risk financial, budgetary and management of credit related to the debt of the federal State and authorized by the Minister of finance in accordance with paragraph 2 above;
(f) purchases of debt securities of the federal State on the secondary markets;
(g) temporary available through transfer-lending operations

or others who have a similar economic effect, cash, linear bonds, split securities certificates and the State bonds in the primary dealers and recognized dealers.
On the proposal of the strategic Committee of the debt, to temporary provisions referred to in paragraph 1 may be extended to institutions subject to an obligation to quote for the values of the Treasury of the Kingdom of Belgium, other than the primary dealers and recognized dealers referred to in paragraph 1;
(h) provision of amounts during a very short period by the Treasury as a lender as a last resort, public bodies 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 be able to run compelling payments;
(i) the Treasury financial operations other than those referred to in point h) with public entities at Headquarters, with the exception of the overdraft facilities to cover temporary shortfalls of cash of those entities for which stopped other modalities for the placement or the investment of their availability than those provided for by the financial assets of the General Government consolidation measures imposed by or under the Act or for which is set a minimum amount of availability from which the terms for placement or the investment of their expected supplies by measures of consolidation of the assets of the public administrations, imposed by or under the Act are applicable;
(j) derivatives to manage: * the cost of the energy consumption of the federal State;
* the cost of the other operating costs of the federal State, that the King may appoint;
(2) complementary to Exchange existing debt for new linear bonds, outstanding proportion of interest payments relating to securities outstanding, through the discount to holders of linear bonds;
(3) to proceed with the issuance of dematerialised securities representative of the State debt to wear in the Treasury account in the system of liquidation of securities of the National Bank of Belgium in order to make possible the operations provided for in 1, g) or in order to deliver these securities as financial collateral to third parties;
(4) to proceed with the issuance of dematerialised securities representative of the State debt to wear in the Treasury account in the system of liquidation of securities of the National Bank of Belgium in order to make possible the operations provided for in 1, g) or in order to deliver these securities as financial collateral to third parties;
§ 4. By derogation from article 19 of the law of 22 May 2003 on the Organization of the budget and accounting of the federal State, products of the financing instruments in the short term (certificates of cash, bonds and similar instruments) and the products resulting from the operations referred to in paragraph 3, (1), g), are not included in the budget.
In order to ensure the continuity of the financing of the Treasury, authorities referred to the § 1, paragraph 1, 1 ° and 2 °, also apply to loans whose conditions are fixed in previous budget years and whose proceeds will go to the year 2017.
The Minister of finance is authorized to manage cash flow in foreign currencies to avoid any impact on the conduct of monetary policy operations in foreign currencies carried out under financial Treasury management.
In the context of financial management operations provided for in paragraph 3, (1), above, the Minister of finance is authorized to hold securities: (1) in the system of liquidation of securities of the National Bank of Belgium;
(2) in the international systems of liquidation of securities as well as in international systems for safekeeping;
(3) in some financial institutions authorized by the legislation that applies to them to keep securities on deposit for third parties.
§ 5. The Minister of finance may delegate to the staff members of the Federal agency debt designated to specific tasks provided for by him: a) the authority to establish, within the limits provided by the King and based on the needs of the Treasury the amount and financial conditions of emissions of government bonds targeted to the § 1, paragraph 1, 1 °, and paragraph 2 , as well as the powers necessary for the good end of these emissions;
(b) the powers referred to the § 1, paragraph 1, 2 °, and paragraph 2, § 3 and § 4, paragraphs 3 and 4.
Art. 10. for projects within their competence, to the implementation of article 5, § 1, of Regulation (EEC) No. 1941/81 on a programme of integrated development for areas of Belgium, the financial means to be allocated are paid to the budgets of the Regions.
These financial resources are levied on payments at the Belgian Treasury, that the European communities are required to perform, to the title of collection costs, under the terms of article 3, 1 °, fifth paragraph, of the decision of 21 April 1970 of the Council of Ministers of the communities European relative to the replacement of the contributions of Member States by the communities own resources European approved by the law of December 23, 1970.
The amounts to be transferred are determined by the Minister of finance based on the determined contest or planned by the Commission of the European communities.
Art. 11. for the implementation of Regulation (EC, EURATOM) No. 609/2014 Council of May 26, 2014, on the terms and the procedure of provision of traditional own resources, the VAT-based own resource and the GNI-based own resource and measures to deal with the needs of cash accrual accounted, identified during inspections, increased interest are, after the opinion of the finance Inspection, put at the disposal of the Commission European.
By way of derogation to article 60 of the law of 22 May 2003 on the Organization budget and accounting of the federal State, these rights recognized, increased interest, are levied on payments at the Belgian Treasury, that the European communities are required to perform as part of collection costs, under the terms of decision 2007/436 of 7 June 2007 on own resources and the decision 2014/335

May 26, 2014 relative to own resources art. 12. According to article 53, paragraph 1, 1 °, of the Special Act of 16 January 1989 on the financing of the communities and the regions, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of 13 July 2001 on refinancing of the communities and extension of the fiscal powers of the regions, by the special law of July 19, 2012 with a fair funding of the Brussels Institutions and by the special law of the 6 January 2014 with reform of the communities and regions, expansion of tax to the regions and financing of new skills, and taking into account: has) the allocation referred to in article 4, § 5, of the same special law of 16 January 1989 the interests of delay, the burden of interest and tax fines fixed and proportional on regional taxes 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 ensures itself, from the 1999 tax year, the tax service on 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 ensures itself, from January 1, 2010, the tax service to regional taxes referred to in article 3, 1 °, 2 ° and 3 °, of the Special Act.
(2) the Walloon Region ensures itself, from January 1, 2014, the tax service to regional taxes referred to in article 3, 10 °, 11 ° and 12 °, of this special Act;
(3) the Flemish Region ensures itself, from January 1, 2011, the tax service to regional taxes referred to in article 3, 10 °, 11 ° and 12 °, of this special Act;
(4) the Flemish Region ensures itself, from January 1, 2015, the tax service to regional taxes referred to in article 3, 4 °, 6 ° to 8 °, of this special Act;
transfers regional tax referred to in article 3 of this special Act, increased interest and fines referred to above, are estimated for the year 2017 to 74.223.000 budget, EUR for the Flemish Region, 2.147.380.000 EUR for the Walloon Region and 1.409.213.000 EUR for the Brussels-Capital Region.
Art.
13. According to article 53, paragraph 1, 2 °, of the Special Act of 16 January 1989 on the financing of the communities and the regions, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of 13 July 2001 on refinancing of the communities and extension of the fiscal powers of the regions, by the special law of July 19, 2012 with a fair funding of the Brussels Institutions and by the special law of the 6 January 2014 with reform of the financing of the communities and regions, expansion of the fiscal autonomy of the regions and funding of new skills and given: a) of the Act of 23 May 2000 fixing 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 assigned to 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 tax revenue of the federal natural persons referred to in article 47/2 of the Special Act and granted respectively by the Flemish community and in the French community, if the amount of transition is positive, 2) added to the attributed to the proceeds of the tax of the federal natural persons referred to in section 47/2 of the same law special and granted respectively by the Flemish community and the French community, if the transition is negative;
(d) of the contribution of responsibility referred to in article 65quinquies, the same special law of 16 January 1989 for the Flemish community and the French community, which is carried in deduction of the part assigned to the tax revenue of the federal natural persons referred to in article 47/2 of the Special Act and given respectively to the Flemish community and the French community;
(e) federal balance likely count of FY 2016 of the parties assigned to the proceeds of the tax of physical persons and the proceeds of the VAT referred to in article 36 of the same law special of January 16, 1989;
transfers in the assigned parts of the product of the value added tax and the product of the federal personal tax referred to in article 36 of the same special law are estimated for fiscal year 2017, 14.537.733.150 EUR for the Flemish community and 9.476.634.384 EUR for the French community.
According to section 60 of the Act of 31 December 1983 of institutional reforms for the German-speaking community, recently amended by the law of 19 April 2014, and considering: has) the amount of transition referred to in article 58novodecies, § 1, of the Act of 31 December 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 tax revenue of the federal natural persons referred to in article 58nonies, of the same law and granted to the German-speaking community, so the amount of transition is positive, 2) added to the part assigned to the tax revenue of the 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 responsibility referred to in article 60quater, of the Act of 31 December 1983 for the German-speaking community which is brought in deduction of the assigned part of the proceeds of the federal personal tax referred to in article 58nonies, of the same law and granted to the German-speaking community;
(c) the likely balance of the count of FY 2016 of the assigned parts of the proceeds of the tax of physical persons federal

and the proceeds of VAT referred to in articles 58nonies to 58undecies of the Act of 31 December 1983;
transfers in the assigned parts of the product of the value added tax and the product of the federal personal tax which are referred to in articles 58nonies to 58undecies of the Act are estimated for fiscal year 2017, at 154.289.777 EUR for the German-speaking community.
Art.
14. According 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, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of July 13, 2001 with refinancing of the communities and extension of the fiscal powers of the regions by the special law of July 19, 2012 carrying just of the Brussels Institutions and financing by the special law of 6 January 2014 with reform of the communities and regions, expansion of the fiscal autonomy of the regions and financing of new skills, transfers in the assigned part of the proceeds of the tax of the federal individuals referred to in items 35octies to 35decies (, 64quater and 64quinquies that on 16 January 1989, given special Act: has) 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 tax revenue 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 to the tax revenue of the federal natural persons referred to in items 35octies to 35decies of the same law 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 that are worn in deduction of the assigned part of the proceeds of the federal personal tax referred to in article 35decies, the same law special and granted respectively to the Flemish Region and the Walloon Region;
(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 carried in deduction of the part assigned to the tax revenue of the federal natural persons referred to in articles 35octies to 35decies of the Special Act and given respectively to the Flemish Region the Walloon Region and in the Brussels-Capital Region;
(d) the likely balance of the count of FY 2016 of the assigned parts of the proceeds of the tax of individuals under articles 35octies to 35decies, 64quater and 64quinquies, of the same law federal special of January 16, 1989;
are estimated for the fiscal year 2017, 2.208.703.080 EUR for the Flemish Region, 2.553.419.230 EUR for the Walloon Region and 995.651.060 EUR for the Brussels-Capital Region.
Art.
15. transfers travel revenue of the regions referred to in article 2bis of the Special Act of 16 January 1989 on the financing of the communities and the regions, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of July 13, 2001, refinancing of the communities and extension of the fiscal powers of the regions by the special law of July 19, 2012 on just of the Brussels Institutions and financing by the Special Act of January 6, 2014 with reform of the communities and regions, expansion of tax areas and financing of new skills, are estimated for the fiscal year 2017, at 156.990.000 EUR for the Flemish Region to 43.901.600 EUR 12.845.600 EUR for the Brussels-Capital Region and the Walloon Region.
Art. 16. the transfers referred to in items 54/1, 54/2 the special law of 16 January 1989 to the financing of the communities and regions, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of July 13, 2001, refinancing of the communities and extension of the fiscal powers of the regions by the special law of 19 July 2012 on the right of the Brussels Institutions and funding by the special law of 6 January 2014 reform of the financing of the communities and the regions, expansion of tax to the regions and funding of new skills, the tax of the regional natural persons referred to in article 5/1, § 1, of the Act of 16 January 1989 after deduction of the tax cuts and of tax credits referred to in article 5/5, § 4, of the Special Act, are estimated for the fiscal year 2017, 5.766.391.540 EUR for the Flemish Region, 2.569.182.079 EUR for the Walloon Region and 829.602.173 EUR for the Brussels-Capital Region.
The balance of the first count referred to in article 54/1, § 4, paragraph 1, of the same special law of 16 January 1989, in terms of regional natural persons tax referred to in article 5/1, § 1, of the same special law of 16 January 1989, after deduction of the tax cuts and of tax credits referred to in article 5/5, § 4, of the Special Act is estimated for fiscal year 2017, 172.690.969 EUR for the Flemish Region, 33.836.793 EUR for the Walloon Region and EUR 52.992.938 for the Region of Brussels - capital.
Art. 17. the transfer granted to the Joint Community Commission in part attributed to the proceeds of the tax to the federal physical persons referred to in article 65, § 1, 2 ° 1 in § 6, the special law of 16 January 1989 on the financing of the communities and regions, modified by the Special Act of 16 July 1993 to complete the Federal State structure , by the special law of July 13, 2001, refinancing of the communities and extension of fiscal powers of the regions, by the special law of July 19, 2012 on just funding

Brussels and Institutions by the special law of 6 January 2014 with reform of the communities and regions, expansion of the fiscal autonomy of the regions and financing of new skills, is estimated for fiscal year 2017 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 attributed the tax of the federal natural persons referred to in article 65 of the Special Act and granted to the Community Commission, common, and possibly worn in deduction of the appropriations referred to in articles 47/8 and 47/7 of the Special Act and granted to the Joint 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 given to the common Community Commission, if the transition is negative;
(b) of the contribution of responsibility referred to in article 65quinquies, of the same special law of 16 January 1989 for the common Community Commission which is paid as a deduction of the 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 worn in deduction of the appropriations referred to in articles 47/8 and 47/7 of the same law granted to the Commission and special Community common;
(c) the interim balance of the count of FY 2016 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 16 January 1989;
Art. 18. the transfer in part attributed to the proceeds of 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 regions, modified by the Special Act of 16 July 1993 to complete the federal structure of the State, by the special law of July 13, 2001, refinancing of the communities and extension of the tax to the regions powers (, by the special law of July 19, 2012 on fair financing of the Brussels Institutions and by the special law of 6 January 2014 reform of the financing of the communities and the regions, expansion of fiscal autonomy of the regions and funding of new skills, is, given: has) the contribution of responsibility referred to in article 65quinquies, of the special law of 16 January 1989 for the French Community Commission, which is deducted from the allocated part the product of federal tax of physical persons referred to in article 65bis, of the Special Act and granted to the French Community Commission;
(b) the balance likely count of FY 2016 in part attributed to the proceeds of 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 2017 to 66.155.952 budget, EUR 16.582.279 EUR for the Community Commission Flemish and the French Community Commission.
Art.
19. the transfer in part attributed to the proceeds of the tax of the federal natural persons referred to in article 46bis of the Special Act of 12 January 1989 relating to Brussels institutions, amended by the special law of July 13, 2001, with various skills transfer to the regions and the communities, by the special law of July 13, 2001, refinancing of the communities and extension of the tax to the regions powers by the special law of July 19, 2012, amending article 16bis of the Special Act of 8 August 1980 of institutional reforms and article 5bis of the Special Act of 12 January 1989 relating to Brussels Institutions and by the law of January 6, 2014 on the sixth State reform, for the fiscal year 2017, including the likely balance of the count of FY 2016 is estimated at EUR 38.977.913.
Art. 20. revenues for the benefit of the communities and regions are paid, as the case may be, either to a fund allocation to the general expenditure budget, namely an order of cash account.
Art. 21 this Act comes into force on January 1, 2017.
Enact this Act, order that it is apposed to the seal of the State and published in the Moniteur belge.
Given in Brussels, 25 December 2016.
PHILIPPE by the King: the Minister of finance, J. VAN OVERTVELDT the Minister of the Budget, Ms. S. walls sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note (1) House of representatives (www.lachambre.be) Documents: 54.2108 - 2016/2017 full transcript: December 22, 2016.

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