VAT Reform and Impact on the Art Sector

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​(Update January 1, 2026)

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The new VAT legislation was published in the Belgian Official Journal on 31 December 2025, thereby formally and effectively entering into force.

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DOC 56 1077/001 – VAT adjustment for works of art (including editions/multiples), collectors’ items and antiques

● New VAT rate of 6%: All supplies (sales) of works of art – including numbered editions or multiples – collectors’ items and antiques are now subject to the reduced VAT rate of 6%. This reduced rate applies broadly, including to the importation and intra-Community acquisition of these goods in Belgium (whereas previously the 6% rate was limited to specific cases).

● Restriction of the margin scheme: Art dealers (taxable resellers) may no longer apply the margin scheme when they have acquired the work of art, collectors’ item or antique with 6% VAT. In such cases, the normal VAT scheme must be applied: the input VAT paid on acquisition is deductible, and upon resale, 6% VAT is charged on the full selling price. Where the dealer acquired the object without VAT (for example from a private individual or a small VAT-exempt taxable person), the margin scheme may still be applied. In that case, the profit margin realised upon resale is subject to the standard VAT rate of 21%, as the reduced 6% rate does not apply when the margin scheme is used.
 

● Difference compared with the previous regime: Under the former regime, the 6% VAT rate applied only to importation and to direct or occasional sales by the artist (or their successor in title); art dealers generally applied the 21% rate or the margin scheme. Moreover, dealers were previously allowed to apply the margin scheme to works of art acquired with 6% VAT (such as direct purchases from the artist). This exception has now been abolished: the law expressly provides that the margin scheme may only be applied where no reduced VAT rate was applied upon acquisition. Under the new legislation, the 6% rate therefore becomes the standard rate for the sale of works of art, collectors’ items and antiques under the normal VAT scheme, while the scope of application of the margin scheme is significantly restricted.

* Discussions are currently ongoing with the VAT administration in order to obtain further clarification on the concrete impact of the reform on purchases made through auctions.

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Transitional arrangement – VAT deduction on existing stock

VAT paid on existing stock remains deductible in cases where the application of the margin scheme is no longer permitted and resale must henceforth take place under the normal VAT scheme. This right of deduction is, in principle, subject to the general VAT deduction rules, in particular until 31 December of the third year following the year in which the VAT originally became chargeable.

Taking into account both the budgetary context and the late transposition of the European Directive, the VAT authorities provide for a tolerance measure. Specifically, VAT that became chargeable in 2022 may exceptionally still be deducted until 31 December 2026. This tolerance will be formally laid down in a circular to be published shortly after the law is published in the Belgian Official Journal

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Summary :

• Goods acquired before 2022: no longer eligible for VAT deduction.

• Goods acquired in 2022: VAT deduction possible until 31 December 2026 (tolerance measure).

• In general, as from 1 January 2026, VAT deduction will only be possible for goods for which VAT became chargeable as from 1 January 2023.

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