The Tax Shelter regime for companies – An attractive tax lever

What are the advantages for your company?

For a company subject to the standard corporate tax rate of 25%, the Tax Shelter regime provides a fiscal return corresponding to 5.25% of the amount invested. Please note that this fiscal return does not apply to companies benefiting from the reduced corporate tax rate of 20%.

In addition, the company benefits from a financial return. This is calculated on the basis of the 12-month EURIBOR rate + 4.5%, for a maximum duration of 18 months. As an illustration, for investments made during the first half of 2026, the net return amounts to 7.52%. 

Furthermore, the investment made within the Tax Shelter framework leads to a reduction in the company's taxable base, and therefore in the tax due. Consequently, this has a favourable impact on the calculation of the tax surcharge applicable in the event of the absence or insufficiency of advance tax payments. 

Let’s take as example a company that generates profits of €400,000. The table below compares the situations depending on whether the company makes neither advance payments nor a Tax Shelter investment, makes only one of the two, or both simultaneously.

How is the regime concretely set up at the time of your investment?  

The application of the Tax Shelter regime begins with the conclusion of a framework agreement between the investing company and an approved production company. 

For the taxable period during which a framework agreement is signed, a provisional exemption is granted up to 421% of the amounts committed. This requires that the amounts are effectively paid by the investor within three months of signing the agreement. 

The granting and maintenance of the provisional exemption are subject to compliance with the so-called intangibility condition. For this purpose, an immunised reserve recorded in the company's equity must be established. It must be maintained until the definitive exemption is claimed. 

Furthermore, it should be noted that the Tax Shelter investment is accounted for as a tax expense and therefore constitutes a non-deductible expense. 

Accounting entries in the year of the investment 

This provisional exemption is, however, subject to various limits. It is capped per taxable period at: 

• €1,000,000, meaning that the Tax Shelter investment must not exceed €237,530; 
• 50% of the movement in taxable reserves for the period in question (code 1080 of the tax return), determined before the establishment of the immunised reserve. Dividend distributions (among others) and increases in the opening balance of reserves have an impact on this cap insofar as they reduce the amount of code 1080 of the tax return. It is therefore important to carry out these simulations in advance, to determine the level of investment most suited to your situation. 

When does the exemption become definitive?

The exemption only becomes definitive when the Tax Shelter certificate is issued by the Federal Public Service Finance (SPF Finance). This must take place no later than 31 December of the fourth year following the year of signing the framework agreement. Thus, for a Tax Shelter investment made in 2026, the certificate must be received by 31 December 2030 at the latest. It must be attached to the tax return in which the definitive exemption is claimed. 

Accounting entries in the year of receipt of the certificate 

From a tax perspective, the allocation to the available reserve will be neutralised within the tax return by recording the same amount as an increase in the opening balance of reserves (codes 1053, 1059 or 1066 of the tax return, as applicable).