Skip to main content

      Belgium’s withholding tax exemption for night and shift work has a substantial positive impact on Belgian labor cost, but has been subject to significant uncertainty in recent years. This as a result legal uncertainty and extensive tax audits.

      Following case law from Belgium’s highest courts and a temporary legislative fix in the form of the “bis-variant,” a new legal framework will now apply. Based on the first versions of the new law, from 1 January 2027, only one calculation method will remain in the form of an updated and permanent bis-variant. Companies would no longer have a choice, but to start calculating the bis-variant. This although a large number of companies have not done this homework to date, resulting in a substantial risk in case of tax audit. The new rules would also introduce a statutory tolerance margin, further clarify the meaning of “shift,” and update the required shift premium.

      Background: Years of discussion and a landmark case

      In its judgement of 26 February 2026, the Belgian Constitutional Court interpreted the requirement that shifts perform the same work in both content and scope very strictly. Contrary to the administrative tolerance that had existed previously even a limited difference between shift sizes could lead to the loss of the exemption. In practice, this strict condition was difficult for many if not most companies to meet.

      To address this, a temporary “bis-variant” was introduced by the Legislator. Under that approach, identical shift size was no longer an absolute condition for applying the exemption. Instead, a greater difference in size between shifts resulted in a lower exemption.

      This arrangement was explicitly temporary and was available only until 31 December 2026, meaning new legislation was required before year-end.

      Thomas Goemaere

      Director | Tax, Legal & Accountancy

      KPMG in Belgium

      New rules from 1 January 2027: Survival of the bis-variant

      From 1 January 2027, there would be only one calculation method, based on the principles of the bis-variant. The distinction between the original A-variant and the temporary bis-variant would disappear. So companies will no longer have a choice but to start calculating.

      On the other hand, a correction factor would also be installed potentially lowering the bis impact for a lot of companies already applying it. The new permanent framework also updates the concept of “shift”. Furthermore, the minimum shift premium requirement would be raised (up to 3% in 2028 and 5% in 2030) but the definition of what is a qualifying premium would be made less strict. 

      KPMG insights

      Given all these substantial changes, eemployers must start reviewing their current processes, payroll setup, shift premium policies, and supporting documentation well before the effective date. All companies must start calculating a bis factor, but the correction factors might increase the incentive for companies already applying the bis-variant.

      KPMG’s tax and labour law professionals can assist with this review and with the practical application of the exemption.


      People services

      Tax expertise on Immigration, Payroll, Reward, Social Security & Employment and Tax Advisory, Compliance and Coordination.
      People walking in office hallway

      Stay informed

      Be the first to know about top business trends that can drive success for your company.

      stay informed