In accordance with the law passed in 2022 on fiscal and financial provisions, and with the aim of strengthening mechanisms to combat tax fraud and evasion, new deadlines for the verification and determination of income tax come into effect in Belgium in 2024. These deadlines, which will affect both individuals and resident and non-resident companies, will apply from the 2023 tax year and have been extended in the detailed situations below.

Extension of income tax deadlines

In cases where the taxpayer has not filed the return or it has been filed after the established deadline, the verification period has been extended to four years. It is also necessary to consider the possibility of penalties for failure to file a return, an increased amount to be paid, or even automatic assessment by the tax authority.

Semi-complex declarations

Another change relates to “semi-complex” declarations with an international dimension, for instance those related to groups of companies subject to transfer pricing reporting, those including information about payments made to tax havens, and declarations involving foreign tax attribution, for which the verification period is now six years.

Complex declarations

Lastly, the period for complex declarations has been set at ten years. A declaration is deemed complex in situations such as fraud, the presence of hybrid mechanisms, or the inclusion of undistributed benefits from controlled foreign companies (CFCs) established to obtain tax benefits.

However, the general period for declarations filed within the established timeframe and without formal defects remains at 3 years.

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All information contained in this publication is up to date on 2023. This content has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this chart without obtaining specific professional advice.No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this content, and, to the extent permitted by law, AUXADI does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this chart or for any decision based on it.