Belgium Publishes Circular Letter On Transfer Pricing Reporting Penalties

; posted on
February 14th, 2019

The Belgian Federal Public Service (SPF) Finance published Circular Letter No. 2019/C/14, which clarifies the application of penalties for failing to fulfill transfer pricing reporting obligations.

The Penalty Range

The SPF set up three penalty tiers depending on the nature of the offense. Type A is an offense due to circumstances beyond the taxpayer's control, in which case no penalty applies. Meanwhile, type B and C, are for the infringement due to the bad faith performed by the taxpayer. Type B is an offense that is not attributable to bad faith or intent to evade tax, in which case no penalty applies for the first offense and increasing penalties of EUR 1,250 to EUR 25,000 apply for subsequent offenses. Type C is an offense that is attributable to bad faith or intent to evade tax, in which case a EUR 12,500 penalty applies for the first offense and a EUR 25,000 applies for each subsequent offense.

The penalties in respect of type B offenses can only be imposed for an offense committed after 19 July 2018. However, type C offenses are subject to penalties if the infringement was committed after 8 January 2018.

The Clarification

The circular clarifies that a person must have been informed of a first offense before the penalty for a second offense would apply. For example, if a person failed to submit a Local file by the 1 October 2018 deadline and subsequently failed to submit a Master file by the 28 February 2019 deadline, the person would only be subject to a EUR 1,250 penalty for a second offense (late Master file) if the notice of the first offense (late Local file) had been sent before 28 February 2019. If the notice had been sent after 28 February 2019, the penalty for a second offense would not apply.

In addition, the circular also governs that to determine the type of the infringement, the first and subsequent offenses are determined separately. For example, if a person's first compliance failure is a type B offense and a subsequent failure is a type C offense, the type C offense is considered a first offense for its type, and therefore a EUR 12,500 penalty would apply.

Source: The Belgian Federal Public Service

 

 

Upcoming Events

"VAT Technology Solutions - Do you feel that you can do more with VAT data?"

One of TPA’s technology partners Cygnet Infotech has developed a comprehensive VAT solution named R7VAT MTD, which is amongst others recently approved by HMRC for use by companies in the UK to automate and manage their VAT returns filing process but can also be used broadly within the EU.

Webinar - Wednesday, May 29, 2019

7:00 AM - 8:00 AM  Mexico, USA and Canada (MDT/CDT)
9:00 AM - 10:00 AM Brazil (BRT)
1:00 PM - 2:00 PM London (GMT)
2:00 PM – 3:00 PM  Amsterdam (CET)
8:00 PM - 9:00 PM Beijin (CST)

Register

Copyright © 2019
Transfer Pricing Associates BV.
All rights reserved.
 

H.J.E. Wenckebachweg 210
1096 AS Amsterdam
T: +31 20 462 3530
E: info@tpa-global.com
I: www.tpa-global.com