Transfer pricing documentation requirements have become an integral part of the compliance obligations of Belgian entities and branches. The criteria, formalities and deadlines should therefore be followed up closely. Please find below a short summary of the obligations to be complied with by 31 December 2020.
A Belgian entity or Belgian branch part 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 and Belgian branches 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) (during the financial year preceding the financial year most recently closed) have to meet Country-by-Country reporting obligations, i.e. Country-by-Country notification (CbC notification or form 275 CBC NOT) or Country-by-Country Report (CbC report or form 275 CBC) in case of the ultimate parent company or local filing.
The form 275 MF (and potentially the Master file) and form 275 CBC should be submitted no later than 12 months after the last day of the group’s reporting period concerned whereas the Country-by-Country notification reporting obligations should be submitted no later than on the last day of the financial year concerned.
Hence, the form 275 MF (and potentially the Master file) and the form 275 CBC in relation to the financial year ended 31 December 2019 and the form 275 CBCNOT in relation to the financial year ending 31 December 2020 should be submitted by 31 December 2020.
However, the Country-by-Country notification will only have to be submitted in case the information to be reported differs from the information that was reported in respect of the previous reporting period.
All BEPS 13 related documents will, in principle, have to be filed electronically via the MyMinfin platform of the Belgian tax authorities in the required XML format (with only an exception available for entities that have been the subject of a merger, a liquidation or an acquisition). Appendices have to be submitted in a searchable PDF format.
For more information on the electronic filing procedure to be followed, click here.
Given the complexity of this procedure, we highly recommend to take action as soon as possible.
New version of the OECD CbC XML Scheme
The OECD recently changed the CbC XML-scheme which is used by the Belgian tax authorities for national submissions of CbC-reports.
As from 4 December 2020 the new (updated) version of the XML-scheme (version 2.0) will have to be used in order to be able to file the CbC-report on the MyMinFin-platform. In case adjusted CbC-reports have to be submitted (previously filed by using the 1.0.1 version), these reports will have to be submitted by using the new XML-scheme.
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 TP documentation requirements.
Contact your local adviser for any assistance. He/she will be happy to discuss this and support you.