Background
In the Euler Hermes case, the central question was whether a credit insurer can recover VAT on irrecoverable receivables based on Article 90(1) of the VAT Directive. EH typically reimbursed its insured parties 90% of the outstanding amount, including VAT, thereby assuming the risk that the insured party could not collect VAT from its customers.
The Court ruled that supplies made "for consideration" must have a direct link between the supply and the received payment, but this does not mean that the payment must come directly from the recipient of the supply. In this case, the "suppliers" received 90% of the outstanding amount from EH, which the Court considered as consideration for their supply, meaning that the debt cannot be regarded as “unpaid.” For this reason, a taxable person cannot reduce the VAT due for that supplier under Article 90(1).
What changes?
Under the current Belgian rules, credit insurers can, under certain conditions and to the extent that they are subrogated to the rights of the insured, recover VAT on the irrecoverable portion of a receivable. This is particularly the case when the VAT amount is not excluded from coverage under the credit insurance contract (see Administrative Decisions E.T. 112.070 of May 15, 2007, and E.T. 112.070/2 of August 10, 2007).
However, starting January 1, 2025, this possibility will be abolished, and credit insurers will no longer be able to recover VAT on paid-out claims.
Additionally, insured parties will no longer be able to reclaim VAT on the portion of the receivable reimbursed by the credit insurer. This reimbursement is now regarded as partial payment for the taxable transaction, eliminating the right to reduce the taxable base.
These changes have direct financial implications for both credit insurers and companies that use credit insurance. Credit insurers lose the ability to recover VAT on paid claims, which could potentially affect their profitability and pricing. At the same time, insured parties must review their VAT refund procedures to comply with the new administrative guidelines.
Conclusion
With the publication of Circular 2024/C/80, the Belgian tax authorities significantly restrict VAT refund possibilities for credit insurers and insured parties.
It is essential for all affected parties to take timely measures to mitigate the impact of these changes. This includes, among other things, revising existing contracts, adjusting pricing, and adapting administrative VAT refund processes.