Published the: 2017-01-17 Numac: 2017010078 SERVICE PUBLIC FEDERAL finance 25 December 2016. -Law on exemption of income invested in a framework agreement for the production of a stage work, PHILIPPE, King of the Belgians, all, present and future, A 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.
2. in the first chapter of part I, title III, of the 1992 income tax Code, inserted a section 179/1 to read: "art. 179/1. Without prejudice to the application of section 182, non-profit associations and other legal persons referred to in article 220, that are approved as a production company eligible or intermediary eligible as referred to in articles 194ter and 194ter/1, are subject to the corporate income tax for the tax year related to a tax period during which they have concluded a framework agreement in application of article 194ter or 194ter/1 as well as for the three exercises following tax. "."
Art. 3. the title of section IV of part I, title III, chapter II, section III, of the 1992 income tax Code, is completed as follows: "or a scenic work.".
Art. 4. in the same subsection IV, it is inserted an article 194ter 1 to read: "art. 194ter/1. § 1.
The application of article 194ter is extended to eligible production companies whose main purpose is the production and development of original stage productions.
§ 2. For the purposes of this section, means: (1) eligible work: by derogation from article 194ter, § 1, paragraph 1, (4), an original stage production as referred to in 2, which is approved by the competent services of the community concerned as European stage work, i.e.:-made European or supervised and actually controlled by one or more producers established in one or more States members of the economic by one or more producers established in one or more Member States of the European economic area;
-for which expenditures of production and exploitation in Belgium referred to in article 194ter, § 1, paragraph 1, 7 °, are performed within a period ending maximum 24 months after the date of signature of the Convention for obtaining of the certificate of tax shelter for the production of this work referred to in article 194ter, § 1, paragraph 1, (5) and no later than a month after the Premiere of the stage work;
(2) original stage production: a theatrical production, of circus, theatre Street, Opera, classical music, dance or cabaret including the musical and ballet, as well as the production of a total show, in which the scenario, the theatrical text, the Régie or scenography is new, or concerning a reinterpretation.
(3) total spectacle: the combination of different performing arts referred to in 2, possibly supplemented with the choreography of scene, special effects, pyrotechnics and games innovative technologies in terms of sound, image and design.
(4) first: the first performance of the stage work in Belgium or in another European economic area State.
§ 3. By derogation from article 194ter, § 1, paragraph 1, (8) and (9), means: (1) expenditure directly related to the production and exploitation: expenditures that are related to the production of creative and technical of the eligible work, such as:-fees covering the artistic rights except for the scenario development costs dating back to the period before the Convention;
-salaries and other staff benefits or allowances for independent service providers, associated with the creation and execution of the eligible work;
-salaries and other allowances of the actors, acrobats, dancers, heads of Orchestra, musicians, singers and artistic functions, whether or not they are independent, that are only related to the performance of the eligible work;
-social security contributions related to wages and fees referred to in the second and third indents;
-the cost of decorations, accessories, instruments, costumes and attributes, which are carried to the scene;
-costs related to lighting, sound, special effects and other technical means;
-the transport costs for the costs referred to in the fifth and sixth indents;
-costs of transport and accommodation of people, limited to an amount equal to 25% of the costs referred to in the second and third indents;
-costs of rental space for rehearsals and performances;
-insurance costs directly related to the production;
-production-specific editing and promotion fees: posters, flyers, creation of the press release, web site or web page linked to the production, as well as the first;
(2) expenses not directly related to production and exploitation: include the following expenses:-expenditures related to administrative, financial and legal organisation and assistance from the stage production.
-financial costs and commissions paid in the recruitment of companies concluded a framework agreement for the production of an eligible work;
-costs associated with the financing of the work eligible or payments based on a framework agreement as referred to in article 194ter, § 1, paragraph 1, (5), including legal fees, costs of lawyers, interests, guarantee fees, administrative fees, commissions and expenses of representation;
-the Bills that emanate from the eligible investor, with the exception of the invoices of service companies technical stage when the goods or services invoiced are directly related to the production and insofar as these Bills amount to the price which would have been paid if the intervening companies were completely independent of the other;
-distribution fees that are charged to the production company.
The costs borne by the structure that hosts the stage production such as cultural centres, are not eligible.
§ 4. By derogation from article 194ter, § 1, paragraph 5, spending in the six months preceding the signing of the framework convention of the eligible work are never eligible.
§ 5. By period
taxable, the exemption under article 194ter, § 2, is given to an amount limited to 50 p.c., capped at 750 000 euros, taxable taxable period reserved profits, determined before the constitution of the tax-exempt reserve referred to in article 194ter, § 4. This limit and this ceiling is applicable to the total of the exemptions referred to in articles 194ter and 194ter/1.
By derogation from article 194ter, § 8, paragraph 4, the sum of all the tax values of the tax shelter certificates amounts per eligible work to 2 500 000 euros maximum.
§ 6. To certify, in accordance with article 194ter, § 7, paragraph 1, (3), second indent, that the realization of the original stage production has been completed, the community concerned must ensure that it has been represented in public for the first time in the European economic area. "."
5. in the same subsection IV, it is inserted an article 194ter/2 to read: "art.
194ter/2. For the application of articles 194ter and 194ter/1, when the eligible work referred to in article 194ter or 194ter/1, § 2, paragraph 1, 1 ° is produced by a legal person established in the bilingual area of Brussels-Capital within the competence of the federal State, "Relevant Community" refers to the "authority of the federal State".
The King determines the competent authority of the federal State under paragraph 1, as well as the procedures that concern them for the purposes of articles 194ter and 194ter/1. "."
Art. 6. article 227, 3 °, of the same Code is supplemented by the words "with the exception of the entities referred to in article 227/1".
7. in the first chapter of part I, title V, of the 1992 income tax Code, inserted an article 227/1 as follows: "art. 227/1. Without prejudice to the application of section 182, legal persons which are subject to the tax of non-residents and who are accredited as a production company eligible or eligible intermediary referred to in articles 194ter and 194ter/1, in accordance with article 179/1, are subject to tax non-residents according to the rules applicable to non-residents under section 227, 2 ° for the tax year related to a tax period during which they have concluded a framework agreement in application of article 194ter/1 as well as for the three following tax years. "."
Art. 8 this Act comes into force the day of its publication in the Official Gazette and articles 2 to 7 shall apply to agreements signed from the 1st day of the month following publication.
Given in Brussels, 25 December 2016.
PHILIPPE by the King: the Minister of finance, J. VAN OVERTVELDT sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note (1) House of representatives (www.lachambre.be) Documents: K54-2205.