Can a Belgian employee switch to a BV/SRL and invoice the same client in income year 2026?
Can a Belgian employee invoice the same client via a BV/SRL in 2026? Possible, but risky if the relationship stays employee-like.
Yes, a Belgian employee can in principle move to a Belgian BV/SRL and invoice a client through that company, but the structure is risky if the practical relationship still looks like employment. In income year 2026, the key question is not the company form itself, but whether the person is genuinely independent in practice. The correct treatment depends on the individual situation.
The figures below are illustrative and relate to income year 2026 and, where relevant for personal income tax, assessment year 2027.
Why this question matters in Belgium
A common situation is the following: a Belgian tax resident works full-time under Belgian employment law, often through a payroll or employer-of-record structure, for a foreign organisation. The person then considers resigning and creating a Belgian company, usually a BV/SRL, to invoice the same organisation directly.
At first sight, this may look attractive. A company can be taxed at a lower corporate tax rate, and profits can sometimes be distributed as dividends rather than salary. But Belgian tax, social security and employment authorities do not only look at the contract wording. They look at the actual working relationship.
If the person continues to do the same work, for the same organisation, full-time, with the same reporting structure and the same practical control, the change from salary to invoices may be challenged.
The central issue: employee or genuine independent contractor?
Belgian law distinguishes employment from independent work mainly by looking at whether there is authority or subordination.
The written contract matters, but it is not decisive. The authorities may disregard the chosen qualification if the facts are incompatible with it. In practice, they look at criteria such as:
the parties’ intention;
the freedom to organise working time;
the freedom to organise the work;
whether hierarchical control is possible;
whether there are fixed working hours;
whether absences must be justified;
whether detailed instructions are imposed;
whether the person can be replaced or subcontract part of the work;
whether the person is integrated into the client’s internal organisation.
This means that a Belgian company can invoice a client, but only if the relationship is genuinely operated as a B2B service relationship, not as disguised employment.
Why invoicing the same client can create requalification risk
The risk is higher when several employee-like elements are present at the same time.
A typical high-risk pattern would be:
one client represents almost all the company’s income;
the person previously worked as an employee for the same economic client;
the person continues to perform substantially the same role;
the work remains full-time;
the contract includes fixed availability, for example normal office hours;
the client imposes employee-style rules, policies or approvals;
holidays, sickness, absences or performance are managed like in employment;
the person cannot work for other clients;
the person cannot delegate or subcontract any work.
None of these factors is necessarily decisive alone. The issue is the overall picture.
For example, having one main client is not automatically illegal. But if that client accounts for around 99% of income, and the person still works like an employee, the authorities may see the structure as artificial.
What a stronger B2B structure should look like
A safer structure should not simply copy the former employment contract into a service agreement.
The contract should describe the Belgian company as providing defined services, such as:
consultancy;
research;
strategic advice;
policy analysis;
stakeholder support;
written reports;
project-based deliverables;
event or publication support.
The agreement should focus on outputs, projects and deliverables, not on a fixed 40-hour employee-style schedule.
It should also preserve independence by stating clearly that:
the company decides how the work is performed;
the consultant organises working time independently;
there is no hierarchical supervision;
the client may coordinate reasonably, but does not manage the person like an employee;
the company may work for other clients, subject to confidentiality and conflict-of-interest rules;
substitution or subcontracting is possible where reasonable.
This must also be true in practice. A well-drafted contract is not enough if the daily working relationship still looks like employment.
Tax treatment in income year 2026: why a BV/SRL can be attractive
From a tax perspective, using a company is not abusive in itself. Many Belgian professionals operate through a BV/SRL.
The attraction comes from the difference between personal and corporate taxation.
For income year 2026, Belgian personal income tax remains progressive. The top federal bracket reaches 50% for income above €51,070, before municipal surcharges.
A Belgian company is generally taxed at 25% corporate tax. Qualifying small companies may benefit from a reduced 20% rate on the first €100,000 of taxable profit, subject to conditions.
Dividends are generally subject to withholding tax, normally 30%. Reduced regimes such as VVPRbis may apply if the legal conditions and waiting periods are met. According to the cited 2026 commentary, the VVPRbis dividend withholding tax rate moves from 15% to 18% from 1 July 2026.
This difference in rates explains why a company can sometimes produce a better net outcome. But it is also why the authorities may scrutinise the structure if salary is merely converted into invoices and dividends while the underlying work relationship remains employee-like.
Social security impact: employee status versus company director status
Switching to a BV/SRL also changes the social security position.
As an employee, social security is handled through payroll. The person benefits from employee protection, including paid holidays, sickness protection, statutory notice rules and employee social security rights.
As a company director, the person usually pays Belgian self-employed social security contributions on director remuneration.
For 2026, INASTI refers to a rate of 20.5% on self-employed professional income up to €75,024.54, and 14.16% on the band above that up to €110,562.42.
Dividends are generally not subject to self-employed social security contributions. This is one reason salary/dividend planning can be attractive. But lower salary also means different social protection and potentially lower pension accrual compared with employee status.
Illustrative comparison: invoicing around €140,000 or around €180,000
The financial outcome depends heavily on what the client is willing to pay the company.
If the company invoices only about the person’s current gross salary, for example around €140,000, the switch may be only moderately attractive.
As a broad illustration, if the company invoices around €140,000, pays the director around €50,000, has annual company costs of around €5,000 to €8,000, and distributes remaining profits as dividends, the net result may be only slightly better than employment.
With immediate dividends taxed at the ordinary 30% withholding tax rate, the overall net result could be around €75,000 to €80,000. If profits are retained and later distributed under a reduced dividend regime, the result could be higher, for example around €82,000 to €88,000, but only if the conditions and waiting periods are respected.
By contrast, if the company invoices closer to the former total employment cost, for example around €180,000, the numbers become more compelling.
Using the same broad assumptions, and assuming the company qualifies for the reduced corporate tax rate, the total net result could be around €95,000 to €100,000 with ordinary immediate dividends. If profits are retained and later distributed under a reduced regime such as VVPRbis, the total net economic result could potentially reach around €105,000 to €112,000 per year.
These figures are illustrative only. They do not replace a tailored calculation.
The company fee should not simply equal the old gross salary
A major negotiation point is the service fee.
If a foreign organisation no longer pays Belgian employer social security, payroll costs or an employer-of-record fee, the company fee should normally reflect more than the former gross salary.
A sensible B2B fee may take into account:
the former gross salary;
the former employer social security cost;
the payroll or employer-of-record cost that disappears;
the company’s accounting and legal costs;
professional insurance;
loss of employee benefits;
loss of employment protection;
additional risk borne by the consultant;
travel and exceptional project expenses.
This is why a fee closer to around €180,000 may be more economically coherent than a fee close to around €140,000, depending on the former total cost.
Conditions and caveats for the reduced corporate tax rate
The reduced corporate tax rate is subject to conditions.
From 2026, the minimum director remuneration threshold relevant for the reduced rate is generally expected to be €50,000, although start-ups may benefit from an exemption during their first four accounting periods.
This point is important because many company structures rely on a mix of director remuneration and dividends. If the director remuneration is too low, the company may lose access to the reduced corporate tax rate.
The professional expense treatment also differs. For income year 2026, the SPF Finance refers to a 30% employee lump-sum professional expense deduction capped at €6,070, while company directors have a 3% lump-sum deduction capped at €3,200.
VAT when invoicing a client outside the EU
If the Belgian company invoices a business customer outside the EU, the VAT treatment must be checked carefully.
For B2B services, the general EU VAT rule is that the place of taxation is where the customer is established. Services to a business customer outside the EU are therefore generally invoiced without Belgian VAT, subject to the exact status of the customer and the type of service.
If the foreign client is a non-profit or has an unusual legal status, its VAT or taxable-person status should be verified before issuing invoices.
Administrative obligations of a Belgian BV/SRL
A Belgian BV/SRL creates real administrative obligations.
These may include:
notarial deed;
financial plan;
registration with the Crossroads Bank for Enterprises;
VAT identification where applicable;
accounting;
annual accounts;
corporate tax return;
UBO registration;
business bank account;
affiliation with a social insurance fund;
tax prepayments;
accountant support.
These costs and obligations must be included in the financial comparison.
Practical safeguards before switching
Before moving from employment to a BV/SRL invoicing structure, several safeguards are important.
First, the former employment relationship should be properly ended or formally transitioned. Any confidentiality, exclusivity, equipment-return or unfair-competition obligations should be respected.
Second, the new service agreement should not mirror the employment contract. It should avoid employee-style provisions such as fixed working hours, holiday approval, sickness reporting, disciplinary rules and broad internal employee policy obligations.
Third, the contract should define services and deliverables, not a disguised full-time function.
Fourth, the company should have real business substance: professional insurance, own tools, own invoicing, separate accounting records, a business bank account and ideally other clients over time.
Fifth, where classification risk is significant, the parties may consider requesting an opinion or decision from the Administrative Commission for the Regulation of Employment Relationships.
Main conclusion for income year 2026
A Belgian resident can potentially use a BV/SRL to invoice a foreign client, even after having worked in a similar role as an employee. But the structure must be genuine.
If the company invoices only around the former gross salary, the financial gain may be too small compared with the legal risk, loss of employee protection and administrative burden.
If the client is prepared to pay closer to the former full employment cost, the company route can become financially attractive. But it should be reviewed by a Belgian accountant or certified tax adviser, and the contract should also be checked by an employment lawyer.
Frequently asked questions
Can I leave Belgian employment and invoice the same client through my BV/SRL?
Yes, but only if the new relationship is genuinely independent. If the same work continues under the same practical authority and control, the structure may be requalified.
Is using a Belgian company instead of salary automatically tax abuse?
No. Using a BV/SRL is not abusive in itself. The risk arises when the company is used mainly to convert an employee-like relationship into lower-taxed company income and dividends.
Is having one client enough to be considered a false self-employed person?
Not automatically. But if one client represents almost all income and the work remains full-time, controlled and employee-like, the requalification risk increases.
How much should the company invoice compared with the former salary?
The fee should not simply equal the former gross salary. It should reflect the former full employment cost, employer social security savings, payroll or employer-of-record fees, benefits lost, company costs and the additional risk taken by the consultant.
Are dividends always better than salary in a Belgian BV/SRL?
Not always. Dividends may be tax-efficient, especially under reduced regimes, but they are subject to conditions, timing rules and withholding tax. Salary also affects social security rights and access to the reduced corporate tax rate.
Should Belgian VAT be charged to a client outside the EU?
For B2B services, the general rule is that the place of taxation is where the customer is established. Services to a business customer outside the EU are generally invoiced without Belgian VAT, but the customer’s exact status and the type of service must be checked.
Sources
SPF Employment — Nature of the employment relationship: employee or self-employed — https://emploi.belgique.be/fr/themes/contrats-de-travail/nature-de-la-relation-de-travail-travail-salarie-ou-travail-independant
SPF Employment — Criteria for determining the nature of the employment relationship — https://emploi.belgique.be/fr/themes/contrats-de-travail/nature-de-la-relation-de-travail-travail-salarie-ou-travail-0
FPS Finance — Personal income tax rates — https://fin.belgium.be/en/private-individuals/tax-return/income/tax-rates
FPS Finance — Professional income and lump-sum professional expenses — https://fin.belgium.be/fr/particuliers/declaration-impot/revenus/revenus-professionnels
FPS Finance — Corporate income tax return and corporate tax rate — https://finances.belgium.be/fr/entreprises/impot_des_societes/declaration
BNP Paribas Fortis — Remuneration of company directors in 2026 — https://www.bnpparibasfortis.be/en/public/article/remuneration-dirigeant-arizona
INASTI — Self-employed social security contributions — https://www.inasti.be/fr/faq/combien-de-cotisations-sociales-dois-je-payer
FPS Finance — Withholding tax on movable income — https://finances.belgium.be/fr/entreprises/impot_des_societes/Precomptes/precompte-mobilier
Vandelanotte — New VVPRbis and liquidation reserve withholding tax rates from 1 July 2026 — https://www.vandelanotte.be/fr/actuel/augmentation-du-precompte-mobilier-sur-les-dividendes-vvprbis-et-les-reserves-de-liquidation-a-partir-du-1er-juillet-2026
European Commission — VAT place of taxation for services — https://taxation-customs.ec.europa.eu/taxation/vat/vat-directive/place-taxation_en
This article provides a general framework and does not constitute personalised tax or legal advice. Belgian tax, social security and employment rules may change yearly, and the correct treatment depends on the exact facts, contracts, amounts and working practices.
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