29Mar

Your tax form 281.45 available in your online portal

The annual tax declarations are coming up and you will need your tax form 281.45 for the taxation year 2018 (incomes 2017). PlayRight has just made this form available for you in your online portal: to download it, log in and click on your “Details” menu under the tab “documents”. If you need more information, you can also read our guide “What about my taxes”.

This fiscal form contains the amount of neighbouring rights distributed to you by PlayRight in 2017. In order to complete your tax declaration this year, you will require the amounts indicated in the form 281.45.

Please note that from this year on the tax administration will no longer perceive your neighbouring rights as professional income, unless proven otherwise (learn more here).

Careful! If another collective management society also distributed you copyrights and/or neighbouring rights, you must declare them in the same section.

Please note that you can complete your electronic tax declaration until July 13th 2018 via Tax on web. If you choose the standard paper declaration, you have until June 29th 2018.

If you have any questions about our document, do not hesitate to contact your Account Manager. For any questions specific to your tax declaration, you can contact SPF Finances directly, by calling 02/572.57.57.

6Mar

Royalties remain royalties until proven otherwise

Good news! The Court of Cassation has recently put an end to the practice of the tax administration consisting of automatically taxing income from neighbouring rights and copyright in excess of the ceiling of 59 970 EUR (for 2018) as professional income.

Since 2013 all income deriving from neighbouring rights and copyright must be declared in your tax return, under the heading of movable property. This means the sum of all your income from neighbouring rights and copyright. Not only the amount you receive from PlayRight, but also what you might receive from another CMO or from a producer.

Up to the limit of EUR 59,970 you are entitled to a favorable withholding tax of 15%. Above this ceiling, the general withholding tax for movable property must be applied, in particular 30%.

Unfounded requalification

But, in practice, the tax administration automatically added this income to your professional income, which meant that it was taxed at a progressive rate of 25% to 50%. And this usually was detrimental to the performing artist. And so, the Court of Cassation was asked to take a decision on this.

The Court did not accept the automatic requalification and decided that from now on it is up to the tax administration to prove that income from neighbouring rights is professional income. Failing that, royalties remain royalties, also for the part that exceeds the ceiling of € 59,970.

Request a revision!

And that is good news! If you have recently been personally affected by such an automatic reclassification, be sure to request a revision.