Transfer pricing documentation has become an integral part of the compliance obligations of Belgian entities. The deadlines, criteria and formalities should therefore be followed up closely. Please find below a short summary of the obligations to be complied with by 28 February 2019.
Belgian entities – if they meet certain criteria – have to prepare a master file, a local file and/or a country-by-country report. For more information about the criteria, we refer to our newsflash of 12 November 2018 or the following link to the website of the Belgian tax authorities.
In principle, form 275 MF (and potentially the master file) have to 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 have to be fulfilled no later than on the last day of the financial year concerned.
Hence, 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 ended 31 December 2018 were in principle to be submitted by 31 December 2018.
However, as we already informed you via our newsflash of 11 December 2018, the deadline for filing the master file (form 275MF), the local file (form 275LF) and the notification with regard to filing the country-by-country report (form 275CBCNOT), i.e. 31 December 2018, has been extended to 28 February 2019. The filing deadline has also been extended for forms of which the ultimate filing date is between 1 January 2019 and 28 February 2019.
Please note that this extension does not apply for the country-by-country report itself, nor for the corporate income tax return.
All BEPS 13 related documents will in principle have to be filed electronically via the MyMinfinPro website of the Belgian tax authorities (with only an exception available for entities that have been the subject of a merger, a liquidation or an acquisition).
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, going forward, all BEPS 13 related documents will have to be filed electronically via the MyMinfinPro website.
Please note that a specific procedure (called ‘Stroom 3’) is in place for companies that have no employees in Belgium.
For more information on the procedure to be followed, click here.
Given the complexity of the procedure, we highly recommend taking action as soon as possible.
According to our understanding, a new draft law would only require the notification by the Belgian entity with regard to filing the country-by-country report, if there are changes to the notification compared to last year. This measure would be applicable to reporting periods ending per 31 December 2019 and following.
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 transfer pricing documentation requirements.
Contact your local adviser for any assistance. He/she will be happy to discuss this and support you.