The Private Limited Company (BV/SRL)
The Besloten Vennootschap (BV) or Societe a Responsabilite Limitee (SRL) is by far the most popular choice for foreign investors and SMEs. Its primary appeal lies in its limited liability protection, where shareholder financial risk is confined to their capital contribution.
Also, recent reforms have made it even more flexible, removing the previous minimum capital requirement and simplifying governance. This structure is ideal for most commercial ventures, offering a clear approach for ownership and a professional profile trusted by local partners.
The Public Limited Company (NV/SA)
The Naamloze Vennootschap (NV) or Societe Anonyme (SA) is designed for larger enterprises planning massive capital investment or public listing. It requires a higher minimum capital (€61,500) and involves more formal governance structures. That’s including a mandatory board of directors.
This format is suited for substantial industrial projects, joint ventures with major partners, or companies with ambitions to raise capital on financial markets. Also, its formal stature carries considerable prestige and credibility.
The Branch Office
Establishing a branch office allows a foreign parent company to create a legally dependent presence in Belgium. While easier to set up than a subsidiary, a key consideration is that the parent company retains full liability for the branch’s obligations.
This structure is often used as a first step for sales, marketing, or service activities. It’s where the parent company wishes to maintain direct control without forming a separate legal entity. However, it’s less common for full-scale commercial operations due to the liability exposure.
Note that you can make use of PEO services in Belgium to receive guidance on choosing and setting up the right business structure.
Company Registration Process
Starting a company in Belgium is a structured, digital-friendly process, though it requires attention to detail. Here is the step-by-step guide:
- Check and reserve your unique trade name with the Crossroads Bank for Enterprises (CBE). Ensure the name is available and complies with naming rules.
- Execute a Deed of Incorporation with a Belgian notary. You will provide the notary with details like the business structure, activities, and capital.
- Open a corporate bank account and deposit your initial share capital. The bank will provide a certificate of deposit, which is required for the notary.
- Register with the commercial court, since the notary will file your incorporation deed. This officially registers your company in the Belgian Official Gazette.
- Obtain your company number, and you will receive it upon registration. The CBE automatically assigns your unique enterprise number. This number is used for all official dealings.
- Register for Social Security and VAT, since you need this as an employer. You must register with the National Social Security Office. For VAT, register with the Belgian VAT authorities.
Don’t want to complete the registration process? Then, try using the best Employer of Record services to outsource the company registration process.
Taxation in Belgium
Belgium’s tax system offers competitive advantages for international businesses. The standard corporate income tax rate is 25%, though a reduced rate of 20% applies to the first bracket of taxable profit.
Another advantage is the notional interest deduction, which allows companies to deduct a fictitious interest on their equity, reducing the effective tax burden. The innovation income deduction can further reduce taxes on revenue from patented inventions or software.
For employers, it’s crucial to note that non-resident tax liability is triggered by having a permanent establishment or dependent agent in the country.
Employment Laws and Labor Market
Belgium’s labor market is a mixture of a highly educated, productive, and multilingual workforce. You’ll find that over one-third of adults hold a tertiary degree. However, employment law is intricate, heavily favoring employee protection through national collective bargaining agreements (CBAs).
These CBAs mandate minimum standards for salaries, working hours, benefits, and notice periods that employers must follow. Also, the standard full-time work is 38 hours per week, and employees are entitled to a minimum of 20 paid vacation days plus 10 public holidays.
Then, termination of employment is strictly regulated, requiring either significant cause or the payment of legally defined severance. Note that there are lengthy notice periods that increase with seniority.
Finally, employer social security contributions are among the highest in the OECD, adding around 25% on top of gross salary costs.
Challenges of Doing Business in Belgium
- Overcoming the complex federal-regional divide can be time-consuming. That’s because key competences like economic promotion, environment, and employment training are split between different layers of government.
- The overall tax burden on labor remains relatively high. There are significant employer social security contributions adding to the cost of hiring and retaining staff.
- Strict and protective employment laws make workforce restructuring a lengthy process. It requires careful legal planning for any termination or notable change to employment terms.
- Administrative procedures, while digitized, often involve multiple bodies. They can demand a patient, detail-oriented approach to ensure full compliance.
- Business operations must bridge the country’s linguistic communities. This may influence marketing, internal communications, and even the location of your headquarters.
Alternatives: Using an Employer of Record
The complexities of starting a business in Belgium around employment law, taxation, and administration can be a challenge. Hence, companies can test the Belgian market or hire specialist talent without establishing a full legal entity.
This is where an Employer of Record service becomes a powerful strategic tool. An EOR is a legally recognized third-party organization that hires employees on your behalf. Furthermore, they absorb all associated legal, HR, and tax responsibilities.
Overall, this model eliminates entity setup costs and delays, dramatically reduces legal risk, and provides the agility to build a team quickly.
Choose an EOR With RemotePad
Expanding into Belgium represents a remarkable opportunity, yet the path has administrative hurdles to overcome. You can outsource them by partnering with an Employer of Record service in Belgium.
RemotePad specializes in connecting businesses with vetted Employer of Record providers tailored to your specific needs. We simplify the entire process, offering transparent comparisons and insights so you can find a partner that guarantees full legal compliance.
Ready to get started? Request a proposal today to find the right EOR partner for your operations in Belgium.