Tax Shelter is a tax incentive meant to encourage the production of audiovisual and stage works.

It allows Belgian or foreign companies established in Belgium to invest in works intended for film, television, theatre or concert halls and to receive a tax benefit in return.

For the production company:

• Funding a significant part of its eligible expenses

For the investing company:

• Tax exemption amounting to 310% of the actual deposits (taking into account applicable limits)
• Additional revenue on deposited sums
• Secured risk

For the Belgian economy:

• Compulsory expenditure in Belgium by the production company
• Increase in economic activity (direct employment in the audiovisual sector, indirect employment...)

All resident companies and Belgian establishments of foreign companies are eligible for this tax scheme, except:

• companies whose main purpose is the development and production of audiovisual works (and companies associated with such companies)
• television broadcasters

Companies wishing to invest in an audiovisual work must conclude a framework contract, possibly through an accredited intermediary, with an accredited production company.

List of accredited production companies and intermediaries (in  French (XLSX, 76.25 KB) or Dutch)

The intermediary or production company must register the framework contract with the Tax Shelter cell of the FPS Finance within one month of its signature by sending an e-mail.

The investor undertakes to deposit the sum specified in the framework contract within three months of signing the framework contract.

The investor is granted a temporary relief from their taxable profit for the taxable period in which the framework contract is signed, amounting to 310 % of the sum mentioned in the framework contract and actually deposited within three months.

The production house should use the deposited sums to cover production and operating expenses associated with the audiovisual work.

The Tax Shelter cell checks whether all conditions have been met and issues the Tax Shelter certificate by 31 December of the fourth year following the year in which the framework contract was signed.

Obtaining the Tax Shelter certificate converts the temporary relief into a final relief for the investor.

•  Brochure (PDF, 1.11 MB)
   
• Detailed FAQ (27.09.2024) (in French or Dutch)
• The FAQ of 25.01.2018 on the Tax Shelter system for audiovisual works, contested before the Council of State in case G/A 224.842/XV-3692, and which aimed to explain Article 194ter, § 1, 9°, second paragraph, ITC 92, is withdrawn because the unclear wording could give the FAQ a different scope than that intended by the FPS Finance.
• Legal references:
  • Law of 12.05.2014 amending Article 194ter of the ITC 1992 on the Tax Shelter system for audiovisual production (BOJ 27.05.2014) (in French or Dutch)
  • Law of 26.05.2016 amending the law of 12.05.2014 (BOJ 07.06.2016) (entry into force: framework contract signed as from 01.07.2016) (in French or Dutch)