Contracting in Belgium

As a recruitment business, you will want to ensure that your contractors work lawfully in Belgium whether they are Belgian nationals or foreigners. All EU/EEA nationals can come to live and work without restriction in Belgium. All other citizens must have the legal right to work, and this may be through a work permit, European Blue Card, by family entitlement or Professional Card.

AFI Belgium Sprl can assist the contractor who requires it to obtain the legal right to work.

After that, there are three ways that an employee can be structured compliantly, and these are:

• Self-employment
• Employment
• Limited Company

Not everyone is eligible for all three solutions, and each has its advantages and disadvantages. The only way to establish the best method in a given case is to understand your requirements, clients’ wishes, and what is in the contractor’s best interests.

We demonstrate this by carrying out an in-depth fact find, and we believe that Access Financial Group is unique in using this methodology.

Briefly, Self-employment is a good choice where there is sufficient independence between the contractor and client. Employment is the only method where there is insufficient independence. Where a contractor has a suitable PSC / Limited Company, the localising the contractor and the company can be a way for the contractor to maintain their independent contracting activity in a tax and social security efficient way.

If you have a business outside Belgium and wish to employ staff in Belgium, then AFI Belgium Sprl can give you a professional employer of record (PEO) service.

You don’t have to incorporate a company in Belgium or register your company as a foreign employer. AFI Belgium Sprl can act as your staff’s employer, and they can work for your business. We will ensure all the employment requirements are met and attend to any HR issues.

In return for an agreed fixed fee, we will attend to all the activities that need attention, and we will present you with monthly invoices for the costs of employment plus our fees. Nothing could be much more straightforward!

For many years Belgium has been an attractive location for contractors, and it has been a particularly amenable one for British contractors. From 1st January 2021 British people no longer have the right to live or work in Belgium. However, as a country in the Schengen Area, British people may spend up to 90 days in any 180 days in Belgium for tourism or business purpose but not for gainful work. For this, they will need a work visa as will any third-country national.

AFI Belgium Sprl can sponsor work permits and assist contractors in obtaining Professional Cards or EU Blue Cards.

Subject to having the legal right to work, there are three ways to work legally in Belgium.

• Self-employment
• Employment
• Limited Company

Not everyone is eligible for all three solutions, and each has its advantages and disadvantages. The only way to establish the best method in a given case is to understand your requirements.

We demonstrate this by carrying out an in-depth fact find, and we believe that Access Financial Group is unique in using this methodology.

Briefly, Self-employment is a good choice where there is sufficient independence between the contractor and client. Employment is the only method where there is insufficient independence. Where a contractor has a suitable PSC / Limited Company, the localising the contractor and the company can be a way for the contractor to maintain their independent contracting activity in a tax and social security efficient way.

A professional in Belgium can either be employed or self-employed.

When employed, the person does not need to worry about further approvals. Once the D-visa is issued, one can start working for the employer, being on a Belgian employment contract.

When self-employed though, there are several additional steps to be taken:

• The candidates must have a University educational qualification (diplomas and certificates) available for registration and
• They must have a local residential address in Belgium – not a hotel address.

The professional card process takes up to 5 months to be completed. At the end of the processing period, the successful candidate will be registered as a self-employed professional in Belgium with a local VAT number. (University educational qualification certificates should be available before registration).

They will be liable for income tax in Belgium from the first day of their professional activity and they will contribute to the Social Security system in Belgium as independent workers.

If you would like to discover your tax and net retention in Belgium, you can easily use our free online income calculator.