Implementing rules to the tax on securities accounts

Published


The royal decree of 6 August 2021 with regard to the declaration, payment and various rules relating to the annual tax on securities accounts has been published on 23 August 2021. It directly enters into force.

It provides for the following:

  • The rules for electronic filing of tax returns (and, alternatively, paper filing) and payment of the tax;
  • The mandatory content of tax returns filed by intermediaries (reference period, details of the person filing the tax return, number of securities account and cumulative tax base of the securities accounts referred to in the tax return, the other elements necessary for the correct collection of the tax) and, as the case may be, by the taxpayers (including, the details of the account holders and of the intermediaries where the accounts are held);
  • The documentary obligation to maintain at the disposal of the tax administration the list of securities accounts covered by the tax return (including account number, taxable base, and tax due per account);
  • The conditions (capacity, business registration and solvency) and procedures for the registration and deregistration of a responsible representative constituted or established in Belgium;
  • The rules, statute of limitations and necessary documentary evidence for reclaims filing;
  • The scales of applicable fines in the absence, late, inaccurate or incomplete tax return, in the absence or late tax payment, and in case of faulty or lack of communication in response to a tax audit, when the infraction is committed in bad faith or in order to evade the tax.