On November 28, 2017, the Belgian tax authorities announced that they would extend the filing deadline to March 31, 2018 for the country-by-country (CbC) report (Form 275 CBC), CbC notification (Form 275 CBC NOT), and the master file (Form 275 MF). These forms were initially due by the Belgian entities of a multinational enterprise (MNE) by December 31, 2017. See BEPS Action 13.
Background
On July 4, 2016, Belgium enacted the Programme Law re Taxation of Electronic Transactions and Transfer Pricing Documentation (the “Law”), which implements the three-tiered standardized transfer pricing documentation requirements included in the OECD BEPS Action 13 recommendations (i.e., CbC reporting, master file and local file) from January 1, 2016.
Article 55 of the Law says that each Belgian group entity which is the ultimate parent entity of a multinational group will submit to the Belgian tax authorities within 12 months after the last day of the reporting period a CbC report that covers this reporting period. Alternatively, if certain conditions are met, a Belgian group entity that is not the ultimate parent entity of multinational group will submit the CbC report within 12 months of the last day of the reporting period.
The obligations apply for multinational groups that in the immediately preceding reporting period had a total of at least €750M in consolidated gross group revenues as expressed in the consolidated financial statements of the group for that previous reporting period.
