The Belgian tax authorities have published draft guidelines for implementing the FATCA regime—in particular, draft guidelines for implementation of the U.S. FATCA legislation and the intergovernmental agreement (IGA) signed between Belgium and the United States in April 2014.
It is anticipated that “reporting financial institutions” (as defined under the FATCA regime) will report to the Belgian tax authorities no later than 30 June 2015. The Belgian tax authorities then will report this data to the U.S. tax authorities (IRS) before 1 October 2015.
A law incorporating the FATCA regime or IGA measures into Belgian domestic law has yet to be enacted. Such a law would be expected to provide a legal basis for the required reporting to the Belgian tax authorities.
Based on latest information, it is possible that legislation to implement the FATCA rules into Belgian domestic law may not be enacted before 30 June 2015, and because no reporting to the Belgian tax authorities can take place without adequate legal basis, there could be a delay in the reporting date.
Read a May 2015 report prepared by the KPMG member firm in Belgium: FATCA draft guidelines published
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