What are the steps and conditions to start a business in Belgium?
In order to start a business in Belgium, the following conditions should be followed:
Choose a form of business as:
o sole proprietor; or
o legal entity.
Depending on the availability of starting capital, the field of activity, and the number of employees, you choose the status that is most suitable for you.
Registration of a sole proprietor
Citizens of Ukraine who want to work as a sole proprietor and have temporary protection are exempt from obtaining a professional card. The professional card is one of the work permits in Belgium that is required for self-employed persons. While the A card is a work permit for employees.
Registration of a legal entity.
In order to register a legal entity, it is necessary to involve a notary, a minimum capital, a financial plan, the creation of a statute and an audit report, and to follow the following steps:
o draft a memorandum of association;
o submit an application for company registration;
o register the memorandum of association.
The memorandum of association includes the company's charter, including all its characteristics (name, legal address, field of activity, capital, etc.) and the regime of its operation. Depending on the type of company, this act may take the form of a notarized or private deed.
After that, you need to submit an application for registration of the company to the Register of Legal Entities. Electronic registration with the participation of a notary is also possible.
The deed of incorporation has to also be registered at one of the FPS Finance offices. If the deed is notarized, the registration is carried out by a notary within 15 days. A private deed is registered by the partners within 4 months.
Register with a certified business counter to complete all the necessary administrative formalities.
If you want to organize your business as a sole proprietor, the business counter is your first point of contact. If you want to open a company, you first need to contact a notary, then a company registrar, and finally a business counter.
This institution checks whether you meet the legal requirements to obtain authorization to carry out your planned activity; organizes your mandatory registration with Banque-Carrefour for Enterprises; takes care of certain administrative formalities on your behalf, such as filling out your documentation with the tax office or the National Social Security Office (NSSO); obtaining various permits (FASFC, SABAM, etc.).
Opening a current account.
In order to start your own business, you need a current account, which you can open in a bank or other financial institution. This account has to be indicated on all business documents along with the company name.
Obtaining a VAT identification number.
In order to obtain a taxpayer identification number, you have to submit an application to the tax office before starting your business. There are 2 taxation regimes: regular and special.
Special regimes:
o the VAT exemption regime: companies with an annual turnover of less than EUR 25,000 per year;
o agricultural regime, which applies to agricultural holdings.
Each company is obliged to file a VAT return electronically, pay the required tax to the Treasury, provide an annual list containing the Belgian VAT number of your customers to whom your company supplied goods or services during the previous year for a total amount of more than EUR 250 excluding VAT, and issue invoices.
Obtaining a customs identification number and an EORI number.
If you plan to trade with countries outside the EU, you need an Economic Operator Registration and Identification Number (EORI), which is based on your company number. This is an identification number that is uniform throughout the customs territory of the European Union, which is assigned by the customs authority to a company or other person for the purpose of registration with customs authorities.
Insurance for entrepreneurs.
Some types of insurance are mandatory. Others are recommended.
For example, it is mandatory for an individual entrepreneur to join the social insurance fund for individual entrepreneurs and pay social contributions. Also, if you want to take advantage of sickness and disability insurance as an individual entrepreneur, you have to register with a mutual insurance company of your choice.
Registration of the company's beneficial owners in the UBO register.
Hiring employees.
If you will hire employees as an entrepreneur, you will need to identify yourself as an entrepreneur at the National Social Security Office through the Wide online service, make an instant employment declaration (DIMONA) and make a quarterly multifunctional declaration.
Depending on your region of residence, you will need to prove that you understand the basics of business management.
For example, if you are a resident of the Brussels Region or Walloon Region and start your own business as a sole proprietor or establish a company with its headquarters in these two regions, you will need to prove your entrepreneurial qualities (basic management knowledge and professional skills).
More details by region:
