Belgium: Expanded reporting requirements, tax havens | KPMG | GLOBAL

Belgium: Expanded reporting requirements, payments made to tax havens

Belgium: Expanded reporting requirements, tax havens

A “program law” extends a requirement to report payments totaling at least €100,000 per financial year, when the payments are remitted to persons or entities located in “tax haven” states or jurisdictions. The new provisions are effective 14 July 2016.


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The scope of the reporting requirement has been expanded in three areas.

  • There is a requirement to report payments made to permanent establishments and bank accounts located in a state or jurisdiction considered to be a tax haven (previously, this only applied when payments were made to persons located in such states).
  • There is a requirement to report payments when the jurisdiction is listed on the OECD’s roster of tax havens at the time when the payment is made.
  • The criteria used to determine the list of tax havens on the Belgian list have been expanded and are broader than before.

The program law defines a “state” as an independent state recognized by the majority of UN members. Also, parts or regions of states that can autonomously determine (partially or fully) a taxable base or a corporate tax rate are considered to be a “state” for these tax haven reporting purposes (for instance, Jersey). The tax havens are determined by two lists: (1) the OECD list, and (2) the Belgian list.


Read a July 2016 report prepared by the KPMG member firm in Belgium: Expansion of the obligation of reporting payments made to tax havens

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