For the first year of filing of the new transfer pricing documentation, the Belgian tax authorities have granted an administrative extension for the Master file and the Country-by-country notification till the end of March.
A Belgian entity of a multinational group exceeding at least one of the following criteria needs to submit a Master file:
- operational and financial revenue of at least 50 million euros
- balance sheet total of 1 billion euros
- 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 revenue of EUR 750 mio or more (operational, financial and exceptional income as recorded in the filing period immediately preceding the filing period most recently closed and as shown in the consolidated annual accounts of that group for that preceding filing period) have to meet the Country-by-country reporting notification obligation (i.e. file the CbCR notification form or form “275 CBC NOT”).
Further information on the Belgian transfer pricing documentation and reporting requirements can be found here.
The Master file (275 MF) should be submitted no later than 12 months after the last day of the group reporting period concerned whereas the CbC notification should be submitted no later than on the last day of the accounting year concerned. The Belgian tax authorities however granted an extension until 31 March 2018 for the first year of filing of the Master file (for companies with a reporting period ended between 31 December 2016 end 31 March 2017) and the CbC notification for companies having a reporting period ended between 31 December 2017 and 31 March 2018.
The Master file should be submitted together with a specific form, i.e. form 275 MF, whereas the CbC notification should be done by submitting the form 275 CBC NOT. These forms should be filed electronically via the MyMinFinPro-website of the tax administration in a XML format. Appendices can be filed in a searchable PDF format. On a case by case basis it should be assessed whether a tolerance in filing procedure can be applied. Even when using this tolerance, it should be noted that – in addition to a PDF filing – a XML filing will also be required in this situation.
In order to file the form on MyMinfinPro, 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 mandates are available. If not, we highly recommend to take action as soon as possible.
Our experts in Belgium are available to help you to 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 advisor for any assistance.