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VinciWorks is publishing a series of guides on how each EU member state has implemented DAC6. This blog was originally published in July 2020 and was updated in January 2021.
How has Belgium implemented DAC6?
As of 1st January 2021 all EU Member States and the UK have begun their DAC6 reporting.
Legislation Details
The Federal Public Service FINANCE (Ministry of Finance) published the Belgian DAC6 legislation on 30 December 2019. The legislation is called Loi transposant la Directive (UE) 2018/822 du Conseil du 25 mai 2018 modifiant la Directive 2011/16/UE en ce qui concerne l’échange automatique et obligatoire d’informations dans le domaine fiscal en rapport avec les dispositifs transfrontières devant faire l’objet d’une déclaration.
Belgium announced on 30 June 2020 that it would postpone reporting deadlines by six months.
Taxes covered
Belgium legislation covers cross-border arrangements. The legislation is in line with the EU Directive and does not include domestic arrangements or any additional hallmarks.
Legal Professional Privilege
Belgium exempts from reporting intermediaries who are protected by legal professional privilege (e.g. registered lawyers, certified accountants, tax advisors, notaries and company auditors). In these situations, the intermediary must notify other intermediaries or relevant taxpayers and in certain cases the obligation will shift to the taxpayer.
Reporting
Belgium requires reporting to be made by intermediaries and relevant taxpayers using an XML file or electronic upload. Information on reportable cross-border arrangements should be submitted in one of the official Belgian languages and English.
Penalties
Penalties for non-compliance with the reporting obligations range from EUR 5,000 to EUR 100,000, depending on intent and whether it is a first or subsequent offence.
VinciWorks’ full country-by-country guide to DAC6 implementation
To help firms save time and money on conducting their own research, VinciWorks has collaborated with Transfer Pricing Services to create a concise country-by-country guide to DAC6 compliance. The guide can be purchased either together with our DAC6 compliance solution or as a standalone tool.
