All BEPS 13 related documents will, in principle, have to be filed electronically via the MyMinfinPro-website of the Belgian tax authorities (without exceptions).
A Belgian entity of a multinational group exceeding at least one of the following Belgian GAAP based criteria (during the financial year preceding the financial year most recently closed) needs to file a so-called form 275 MF (and potentially the Master file):
- operational and financial revenue of at least 50 million euro;
- balance sheet total of 1 billion euro;
- annual average number of employees of 100 full-time equivalents.
Furthermore, Belgian legal entities, branches and taxable permanent establishments that are part of a multinational group with a consolidated gross revenue of EUR 750 million or more (or an equivalent in a foreign currency) have to meet Country-by-Country reporting obligations.
The form 275 MF (and potentially the Master file) should be submitted no later than 12 months after the last day of the group’s reporting period concerned whereas the Country-by-Country reporting obligations should be fulfilled no later than on the last day of the financial year concerned.
Hence, the form 275 MF (and potentially the Master file) in relation to the financial year ended 31 December 2017 and the Country-by-Country reporting obligations in relation to the financial year ending 31 December 2018 should be submitted by 31 December 2018.
All BEPS 13 related documents should be filed electronically via the MyMinfinPro-website of the Belgian tax authorities in an XML format. Appendices have to be filed in a searchable PDF format.
Important to note in this respect is the fact that the administrative tolerance (i.e. filing via the BEPS 13 email address) can no longer be applied, meaning that all BEPS 13 related documents will have to be filed electronically going forward via the MyMinfinPro-website. In order to enable electronic filing in all instances, the Belgian tax authorities have put in place a burdensome and time-consuming procedure that allows a director and/or legal representative without a Belgian e-ID card to electronically submit Belgian transfer pricing documentation or to appoint someone within or outside the entity concerned to submit the documentation on behalf of the entity.
In order to do so, a complex procedure has to be followed. For more information on the filing procedure click here.
Given the complexity of the procedure, it is advisable to already verify whether the necessary roles/mandates are available. If not, we highly recommend to take action as soon as possible.
Our experts in Belgium are available to help you comply with these obligations in the most efficient manner. They have the required knowledge and expertise to help you fully understand and comply with the new TP documentation requirements.
Contact your local adviser for any assistance. He/she will be happy to discuss this and support you.