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 2025

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

As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
TP is a growing priority for West and Central African tax authorities, writes Winnie Maliko, but enforcement remains inconsistent, and data limitations persist
The UK tax agency has appointed six independent industry specialists to the panel
The two tax partners have significant experience and expertise in transactional and tax structuring matters
Katie Leah’s arrival marks a significant step in Skadden’s ambition to build a specialised, 10-partner London tax team by 2030, the firm’s European tax head tells ITR
Increasingly, clients are looking for different advisers to the established players, Ryan’s president for European and Asia Pacific operations tells ITR
Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Gift this article