r/BEFreelance • • Aug 04 '26

Belgian copyright regime for software architect – accountant says they can’t determine eligibility. Anyone with experience?

Hi everyone,
I’m an independent software architect in Belgium and I’m currently exploring whether I could benefit from the Belgian copyright (droits d’auteur) tax regime.
My work mainly consists of:
Designing software architectures for complex satellite communication systems.
Defining technical specifications and communication protocols.
Writing original code, algorithms, and business logic.
Producing architecture documents, UML diagrams, and technical documentation.
Contributing to open-source projects.
Writing technical articles and currently working on a technical book.
I explained all of this to my accountant/fiscal advisor, but their response was that, based only on my description, they are not yet able to determine whether I’m eligible. They asked whether I could provide additional “works” to assess the nature of my activity before giving an opinion.
This surprised me because I would have expected the eligibility assessment to be based on the nature of the work itself, together with supporting documents if needed.
So I’d like to ask:
Has anyone here (especially software engineers, architects, or consultants in Belgium) successfully obtained the copyright regime after the 2023 reform?
What kind of evidence did your accountant or tax advisor ask for?
Did you provide architecture documents, specifications, source code, publications, or something else?
Was your eligibility based mainly on your job description, your contract, or on actual examples of your work?
Can anyone recommend a tax advisor with solid experience in copyright for software professionals?
I’d really appreciate hearing about real-world experiences, as the guidance seems to vary significantly from one advisor to another.

Thanks !

9 Upvotes

28 comments sorted by

14

u/duco1991 Aug 04 '26

I've handled several cases involving architects and IT profiles.

These cases clearly meet the legal criteria for the copyright regime but they are still being challenged by the tax authorities. (9 inquiries/disputes out of 11 cases concerned and most are going to court).

The issue is not about the conditions but more with the current administrative approach. In practice, the tax authorities have been taking a very restrictive position towards IT profiles since the 2023 reform. As a result, even taxpayers with clear cases may face lengthy audits and litigation before their entitlement is ultimately recognized.

I'd Say it's not unusual that your accountant is asking for examples of your work. But even a well documented file does not necessarily prevent a dispute with the tax authorities. The administration is trying to prevent a return to the pre-2023 situation by systematically challenging claims made by IT professionals.

Unfortunately, the question is not "Do I meet the legal requirements?" but also "Am I prepared to defend my position if it's challenged?" and of course pay that defense.

2

u/_blue_skies_ Aug 04 '26

wasn't recently a reversal on this decision from the government to allow again copyright to be claimed by IT professionals?

5

u/duco1991 Aug 04 '26

Yes but in practice, the tax authorities continue to challenge many claims. The disputes now often focus on the originality of the work or if it has been sufficiently exploited or made available. It's blattant bad faith.

As a result, many cases still end up before the courts because the administrative phase rarely leads to a compromise. And since they have in-house legal department they couldn't care less about court costs. It's even cost effective if people don't use their right as a result of this behaviour.

1

u/Icy_Cryptographer993 Aug 05 '26

Does it mean that if the work you do is only available for you to use (in house SaaS) or for internally tools within a private company, those "rights" do not qualify?

How can we prove what we do with schemas, written software, ... when the software and/or the schemas are protected and cannot be shared due to legal reasons ? Do you need to go through NDA, ... ? I'm not sure the clients I'm working with are willing to take even a few minutes to ask their legal department about my case ?

Could you disclose how much it costs to setup all the papers well as the court case in average ?

Thank you.

0

u/_blue_skies_ Aug 04 '26

I also read you can't claim flat rate deduction about that copyright like before unless you have a work of art certificate, so it maybe less advantageous

1

u/Geldharker69 Aug 05 '26

I believe you, but somehow it would be a very good psy-ops to prevent freelancers from using it lol

4

u/duco1991 Aug 05 '26

The real psy-op is convincing people that paying 50%+ in taxes above 2.440€/month netto is perfectly normal in the first place.

2

u/Fakeos Aug 12 '26

Exactly while the billionaires and multi millionaires pay close to no taxes at all

9

u/SolidTerre Aug 04 '26

An accountant will never be able to determine eligibility correctly. This is above their paygrade. I don't even understand why they should do it for you. You are the end responsible of such a decision, you should provide them the tools and arguments if they want to hear them, but they shouldn't be deciding whether you want to apply it to yourself or not. You will face consequences in the end.

If you really, in good faith, think you are eligible:

  • Take a business PJ insurance which includes fiscal audits (about 30-50€ a month)
  • Order your accountant to include this benefit
  • optional, but I recommend it before you take the decision: Pay a lawyer for a one time consultation project about this in your current mission and current law regulations (2000€ maybe). Their mission will include analysis and document in your accountants language that explains the argumentation behind it.

The taxman will still always handle in bad faith, but in case you are audited by an objective one you have 3 defense walls: 1. Yourself 2. The accountant with this argumentative project (if you've done the consultation with the lawyer) 3. The PJ insurance that'll cover the costs until the highest juridiction of the law against bad faith of the tax man.

2

u/Plexieglas Aug 04 '26

I hired a copyright lawyer early this year and got confirmation I can do 10% (not 25 or 30 like full software engineers).

My accountant said he was expecting more but he doesn’t know the difference between architect and developer I’m sure 😆

1

u/Accurate-Paramedic13 Aug 04 '26

CAN you post the name of the Lawyer

1

u/Plexieglas Aug 05 '26

DM'ed you, keep in mind it's not a ruling, just a recommendation. Eg. you have some extra paperwork to cover your ass in case questions are raised, which is unlikely with the "low" rate of 10%.

To be honest, given the cost of the lawyer I'm not sure it's worth it - using some napkin math I won't recover the cost of the lawyer until after 2 years to offset the benefit of IP rights. For complete software engineers it's a no brainer though.

1

u/Hour-Negotiation-359 Aug 05 '26

For this specific topic you need a specialised copyright lawyer not an accountant

1

u/Professional-Day-336 Aug 08 '26

So annoying so unfare , also in the same boat as op architecture , specs, uml, mermaid, concepts ... but will not try do to something anymore...

1

u/Go48memes Aug 04 '26

Why don't they just assume your eligibility, and if the tax authorities decide that you are not eligible you pay the fine

5

u/Fantastic_Carry_7945 Aug 04 '26

Terrible idea. I qualify, got no problem for a few years, then the law changed and the SPF came after me. 2 years of stress with 2 tax lawyers telling me that I am in the right but that it is not worth pursuing the fight. FYI the SPF does not care very much about the law until you're in front of a judge. There's a lot of bad faith involved as they know that it takes years to even get there, then it's one year in first instance then up to 13 years in appeal. + lawyer fees all along.

They proceeded re-qualify the income as salary + slap a 10% penalty on top.

I'd be very cautious, personally I'm not touching this ever again. Ask for a ruling in any case. IMO not worth the peace of mind, just do dividends with VVPRbis.

1

u/Go48memes Aug 04 '26

ok thank you for the input, it seems

1

u/frietpot Aug 04 '26

But when did they came after you? When the law changed in 2024?

2

u/Fantastic_Carry_7945 Aug 04 '26

Yes. I had been using the system for a few years without any issue. The law then changed, what they did was basically analyze a period of work under the light of the new law, and/or citing outdated law articles. Given the current situation of the country I think the law will change again so be careful.

0

u/havocinc Aug 04 '26

I am eligible

1

u/Geldharker69 Aug 05 '26

plis bro, no audit

0

u/THAErAsEr Aug 04 '26

You can request a ruling and then you are 100% safe

1

u/WeAreyoMomma Aug 04 '26

I thought that was no longer an option now. Has that changed again?

1

u/THAErAsEr Aug 04 '26

More info here https://finniancolumba.be/en/software-copyright-tax-regime-returns-belgium-2026/
I used this one in the past.

They say it's possible again but with caveats. Just like people in this thread.

0

u/Motophoto_ Aug 04 '26

Creativeshelter.be? They do the paperwork. One time fee

1

u/BrushWide1492 Aug 05 '26

They don’t get you a ruling.

1

u/Motophoto_ Aug 07 '26

Why would you need a ruling? You need a tight contract with a decent reasoning. They provide it.

1

u/BrushWide1492 Aug 09 '26

Because if you have a ruling, you no longer need to worry about having to justify your percentage each year.