Thematic investment deduction – Update attestation procedure

The Belgian investment deduction regime significantly changed as of 1 January 2025. In addition to a ‘base’ deduction and a ‘technology deduction, a ‘thematic deduction’ was introduced at an increased rate of 40% for small companies and individuals and 30% for all other companies (standardized at 40% for all companies as of tax year 2027).

For each type of investment (with the exception of digital investments), there are separate lists of qualifying investments, published by Royal Decree and to be updated regularly (for more information, read our previous tax alert).

To be able to apply the thematic deduction, taxpayers must obtain a formal certificate from the competent authority proving that the investment aligns with the specific qualifying lists. Moreover, this certificate must be added to the tax return. In principle, applications should be submitted within three months after the end of the fiscal year in which the assets are acquired. For investments acquired between 1 January 2025 and 30 June 2026, currently a transitional extended filing period of 12 months exists but, in all circumstances, the request must be filed at the latest on 30 June 2026. In any case, the minimum filing period must be respected and is three months after the end of the fiscal year in which the assets are acquired.

However, it has been announced that certificates to be delivered by the regional authorities will only be provided after the signing of a Governmental Cooperation Agreement. Therefore, it is currently expected that the ultimate deadline of 30 June 2026 to file a request with the regional authorities will be further extended to six months as of the date of publication of this Cooperation Agreement. As a result, the ultimate filing deadline will probably be the end of 2026 (or even later). For certain categories of investments (see below), specific web applications were recently launched to request some of these certificates, incl. procedure and guidelines.
 

Investment deduction related to the carbon-emission-free transport investment list

Certificates required to claim the increased thematic investment deduction for investments included in the zero-emission transport list (excluding Group 4 charging infrastructure) must be requested from the FPS Mobility and Transport (NL portal / FR portal). The procedure and timing for filing the certification application varies by investment category (rail transport, road transport, and maritime and inland navigation).

Investment deduction related to investments in energy-saving and renewable energy included in the energy list

In the Flemish region, VEKA (Flemish Energy and Climate Agency) has also published the attestation procedure, together with further guidance and supporting documents, for the thematic investment deduction for qualifying energy-saving and renewable energy investments included in the energy list (Link). The procedure for investments aimed at reducing CO2 emissions (category 2 of the environmental list) will be made available at a later stage through VEKA’s web application.

The webportal also allows taxpayers to request an investment certificate for future multi-year projects, thereby providing certainty on the treatment of later-year investments.

Application for an attestation or certificate must include a technical description or energy study no more than four years old. Further guidance on these requirements is available on the web portal.

Although the VEKA portal is operational, attestations and certificates will only be issued after the governmental cooperation agreement is signed, the timing of which remains uncertain.
 

Key takeaways

Companies making investments potentially falling within the scope of the increased thematic investment deduction should verify:

• whether their investments qualify under one of the eligible categories;
• which authority is competent to issue the required certificate; and
• whether the certificate request can be submitted within the applicable deadlines.

For investments in the Walloon and Brussels Regions, application procedures are not yet available.

Based on the procedures and guidelines made available, it is clear that the thematic deduction, while providing an attractive incentive for qualifying investments, requires robust supporting documentation and closely monitoring deadlines to benefit from it.

Should you require any assistance with your compliance obligations, please do not hesitate to reach out to us or your dedicated person of contact.