The tax authorities clarify the retroactive effect of the relaxation of the tax regime for taxpayers and impatriate researchers
The tax administration has clarified its position regarding the retroactive relaxations introduced by the Act of December 18, 2025, to the special tax regime applicable to taxpayers and impatriate researchers.
1. Background
To attract skilled foreign workers, Belgium has established a special tax regime. This regime applies to impatriate taxpayers and impatriate researchers who are recruited from abroad to work in Belgium as employees or company directors.
The legislature recently amended this tax regime to make it more attractive. The tax administration clarified its position on the retroactive application of these amendments in a circular dated April 1, 2026.
We discuss these changes and explain the key points to note.
2. Changes to the Tax Regime Applicable to Taxpayers and Impatriate Researchers in Belgium
Under the special tax regime applicable to taxpayers and researchers, the main advantage is that the employer may grant a lump-sum allowance in addition to the gross remuneration to cover recurring expenses related to employment in Belgium. This allowance, considered a reimbursement of an expense specific to the employer, is exempt from taxes and social security contributions.
Through the Act of December 18, 2025, the legislature amended this regime in two key respects:
- Access to the special regime for impatriate taxpayers is subject to a minimum income threshold. The minimum gross annual salary that a resident taxpayer must earn to qualify for the special tax regime has been reduced from EUR 75,000 to EUR 70,000;
- The lump-sum allowance is tax-exempt up to a maximum percentage of the gross annual salary. This maximum percentage is increased from 30% to 35%. At the same time, the annual cap of EUR 90,000 is eliminated.
These changes apply retroactively and apply to remuneration paid on or after January 1, 2025.
It is important to note that these changes apply only to the tax exemption. The conditions for exemption from social security contributions on the lump-sum expense allowance remain unchanged (maximum 30% of gross annual salary and a maximum of EUR 90,000).
This difference between the tax treatment and the social security treatment therefore makes the application of the special tax regime more complex.
3. Tax Circular of April 1, 2026
In a tax circular dated April 1, 2026, the tax administration sets out its position regarding the retroactive application of the amended amounts for the 2025 tax year:
- Taxpayers who were already subject to the special regime for impatriate taxpayers or impatriate researchers prior to the publication of the Act of December 18, 2025, may apply the new rules for the 2025 tax year. The tax authorities allow existing employment contracts to be amended until June 30, 2026, to reflect the new tax thresholds. Thus, the employer and the employee may, for example, agree to retroactively increase the lump-sum allowance, effective no earlier than January 1, 2025. However, such an adjustment is not mandatory. Such a change may require an amended withholding tax return and an update to tax form 281.10.
- Thanks to the retroactive relaxation of the minimum remuneration threshold, certain profiles that previously did not meet the conditions are now eligible, effective January 1, 2025. Employers could still submit, until April 9, 2026, a request to apply the the special regime for impatriate taxpayers or impatriate researchers for the 2025 tax year for this specific category of workers. In these cases as well, the employer and the employee may amend the employment contract no later than June 30, 2026, to align compensation with the new tax thresholds. This option applies only to taxpayers who become eligible as a result of the legislative change.
Employers and employees may therefore retroactively amend existing employment contracts until June 30, 2026, to account for the new tax thresholds. It may indeed be advantageous to optimize compensation by reducing the gross salary and increasing the tax-exempt allowance. In accordance with labor law, the agreement of both parties is required for this purpose.
However, these retroactive adjustments will have no impact on remuneration subject to social security contributions. Indeed, the NSSO does not allow retroactive revisions for periods that have already elapsed solely due to changes in tax ceilings.
Takeaway
Employers may, in consultation with the employee, retroactively adjust existing employment contracts until June 30, 2026. This allows for the optimization of the remuneration structure, for example by providing a lower gross salary and a higher tax-exempt allowance.
It is important to take into account the difference between tax treatment and social security treatment.
Source: Act of December 18, 2025, containing various provisions, Belgian Official Gazette (M.B.) December 30, 2025; Tax Circular 2026/C/51 of April 1, 2026, Fisconetplus.