|Are there specific transfer pricing regulations?||Yes|
|Submission deadline upon request||30 days|
|Annual update required||Yes – i.e. a transfer pricing audit focuses on specific tax years|
|Official language requirements||The request for information needs to be answered in one of the country’s official languages (Dutch, French or German). Supporting documentation in English, however, is generally accepted|
|Potential impact of penalties||N/A|
Belgian tax law
The arm’s length principle has been codified into the Belgian Income Tax Code (BITC) sine 2004 in article 185, paragraph 2.
Furthermore, rules for transfer pricing in Belgium are based upon:
- Income Tax Code articles 26, 49, 54, 55, 56, 79, 207, and 344
- Administrative Transfer Pricing Circular Letter of 28.06.1999;
- Administrative Arbitration Convention Circular Letter of 07.07.2000 and Administrative Circular Letter of 25.05.2003 (addendum to Circular Letter of 07.07.2000);
- Administrative Circular Letter of 04.07.2006 regarding article 185 §2 ITC;
- Administrative Circular Letter of 14.11.2006 on transfer pricing documentation and transfer pricing audits.
Belgium follows the OECD, meaning that the general OECD transfer pricing guidelines apply.
In Belgium, in accordance with the guidance contained in the OECD transfer pricing guidelines, the most appropriate method should be used. Accepted methods are:
- the comparable uncontrolled price method;
- the resale price method;
- the cost plus method;
- the profit split method,
- the transactional net margin method and
- any other method that results in arm’s length pricing.
Information that should be provided:
- Belgium has no specific formal disclosure provisions, however, Administrative Circular letters indicate what documentation is expected, which generally follows the OECD guidelines.
Rules for transfer pricing in Belgium prescribe that documentation should be submitted in one of the three formal languages: Dutch, French or German. Supportive documentation in English is, however, generally accepted
There is no statutory deadline for the preparation of documentation, but one needs to answer to a request for information that may be focusing on transfer pricing, and which then generally includes a request for transfer pricing documentation (cf. below).
Deadline to submit upon request
Documentation must be submitted within 30 days of a request. Extensions can and will be provided if it is practically impossible to provide transfer pricing documentation within the 30-day period.
Advanced Pricing Agreements
APA’s are available
Maximum term of five years, which can potentially be renewed.
There are no specific transfer pricing penalties, meaning that ordinary tax penalties apply.