Times get tough for Belgian taxpayers

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Times get tough for Belgian taxpayers

New reporting obligations in financial accounts for intercompany transactions and off-balance arrangements and the increasing use by the tax authorities of disclosures in FIN 48 reports to select taxpayers for transfer pricing audits, have complicated companies’ tax affairs in Belgium

New reporting obligations

A Royal Decree dated August 10 2009 (published in the Belgian Official Gazette of August 24 2009) instructs corporations in Belgium to report all material non-arm’s length intercompany transactions in their annual accounts. No further guidance is provided on what results in a transaction being material.

Extensive reporting obligations apply to corporations listed on a stock exchange or traded on a multilateral trading facility and those that meet more than one of the criteria for being considered a large group (as defined in the Belgian Companies Code). These corporations should report this information about the qualifying transactions:

· the amounts involved in the transactions;

· the nature of the relationship with the related parties; and

· any other information that is needed to obtain an accurate view on the financial situation of the corporation.

The other corporations only have to report direct and indirect transactions between the corporation and its major shareholders and its leadership (for example, the members of the board of directors).

The nature and the business purpose of material off-balance sheet arrangements of which the risks and benefits may influence (the assessment of) the financial situation of a corporation will also have to be reported in the financial accounts. In addition, the corporations subject to the extensive reporting obligations for intercompany transactions will have to quantify the financial impact of the off-balance sheet arrangements on their financial situation.

These new reporting obligations, both for the intercompany transactions and for the off-balance sheet arrangements, apply to financial years starting on or after September 1 2008.

Documenting the arm’s-length character of intercompany transactions and the nature and business purpose of off-balance sheet arrangements and meeting the related new reporting obligations will be of importance to protect the rights of the corporation’s executives responsible for (and involved in the drafting of) the financial accounts Furthermore, corporations will have to demonstrate towards their Belgian statutory auditor that the corporation was not involved in material non-arm’s-length intercompany transactions and/or in abnormal off-balance sheet arrangements to obtain sign-off on the financial accounts.

Disclosures in FIN 48 reports

The Belgian tax authorities have revealed that they will start using the disclosures made by groups in FIN 48 reports to select groups present in Belgium for an audit by the special transfer pricing audit department. This unit was set up late 2004 and consists of Belgian tax inspectors specialised in transfer pricing matters.

Multinational groups present in Belgium and having disclosed tax contingencies resulting from transfer pricing matters should prepare themselves for the fact that they will receive an extensive questionnaire from the special transfer pricing audit department on their transfer prices.

Having filed the answers to the questions raised in this questionnaire, the corporations will be subjected to several visits from the special transfer pricing audit department and will have to make a significant investment to avoid transfer pricing adjustments.

Dirk Van Stappen (dvanstappen@kpmg.com)



more across site & shared bottom lb ros

More from across our site

The deal, reportedly worth $400m, will add Svalner Atlas’s 50-partner Nordic and Benelux presence to Ryan’s rapidly growing global footprint
The combined firm, which comprises over 1,400 lawyers, will boast robust tax practices in both the UK and US
Cascading tax reform, bullish foreign investment and vigorous TP audits have made Italy’s tax advisory market dynamic and stiffly competitive
As ITR data reveals that 2025 saw more than double the amount of private client hires than 2024, it seems firms are jostling for position
The US multinational paid 20% more tax in 2025 than 2024, it said; in other news, more than 25,000 HMRC staff have been upskilled on AI
Belt and Road Initiative countries face tax incentive conundrums due to pillar two, but relatively few countries would seek to scrap the project, ITR has heard
Hany Elnaggar examines how the OECD’s global minimum tax is reshaping the GCC’s investment incentive landscape, shifting the region from rate-based competition toward substance-driven economic positioning
The acquisition of a two-partner practice from Stephenson Harwood means that Charles Russell Speechlys has the largest private client team in Asia, the firm claimed
Complex and constantly shifting rules on global mobility mean ‘the risk is too great’ for staff to work abroad on personal time, EY’s Maureen Flood tells ITR
While it’s great that the OECD is alive to multinationals’ fears of being caught in a compliance trap, the ‘common understanding’ illustrates a worrying lack of readiness
Gift this article