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The introduction of the VAT package in Belgium means that claims under the Refund Directive, which replaced the 8th Directive with effect from 1 January 2010, must be made by 30 September of the year following the year to which the refund request relates. This has created an issue because the previous three year time limit meant that claims for VAT incurred in 2007 and 2008 could still have been made until the end of 2010 and 2011 respectively.

In order to provide relief for taxpayers that have not yet made claims for 2007 and 2008, the Belgian Tax Authorities have introduced a transitional regime allowing claims for these years to be made until 30 September 2010.

Claims will have to be made in writing to the Belgian Tax Authorities rather than via the online portal which is to be used for Refund Directive claims.

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