Corporate income tax loss relief changes from 2022

The changes to corporate income tax (Vpb) loss relief contained in the 2021 tax plans will take effect from 1 January 2022. This effective date had yet to be added to (small) Royal decree be confirmed.

Unlimited forward

Losses will then again become indefinitely transferable forward in Vpb. This obviously concerns losses that are still transferable forward on 1 January 2022. These are the losses incurred in the years 2013 to 2021 (and not already offset).
2012 losses can still be offset against 2021 profits at the latest.

The deadline for backward loss relief does not change. A loss is offset against the profit for the previous financial year.

Maximum 50%

To the extent that taxable profits exceed €1,000,000, losses are only offsettable against 50% of taxable profits.

Suppose a BV realises the following taxable amounts:

Then €1,000,000 of the 2023 loss is first set off against the 2022 profit. After this set-off, the 2022 profit is nil.

Of the €5,000,000 loss remaining after this offset in 2023, the following will be offset: €1,000,000 + (50% * (€3,000,000 -/- €1,000,000) = €2,500,000. The taxable profit for 2024 is therefore: €4,000,000 -/- €2,500,000 = €1,500,000.