Legal certainty is achieved as regards the application of transfer pricing rules to a given situation or to a (business-to-business) transaction for a period of five years. Finally, Belgian taxpayers are invited to put transfer pricing at the top of their agenda. The OECD`s work to develop proposals to address the challenges of the digitalised economy – better known as proposals for the first and second pillars – should also be closely monitored by taxpayers. As a member of the OECD, Belgium participates in the discussions at the level of the inclusive framework, but is unlikely to take an individual initiative to introduce a digital tax (unlike . B France, Italy and Spain). In this respect, it is very likely that Belgium will follow the EU legislative initiative. Prior to the formal disclosure of the requested information, the taxable person may request a preliminary meeting with the inspector in order to define and discuss the scope of transfer pricing control. This preliminary examination session could be an interesting opportunity for the taxable person examined to determine the location of the examination and to give an oral presentation of the company and its affairs, which can help the tax inspector to read and interpret the written response to the RFI. Nevertheless, caution should be exercised as the pre-audit meeting cannot be used as a fishing expedition and the inspector can avail himself of all the information he has received or noticed during the meeting (e.g. B during the visit of the audited undertaking). This preliminary examination session should take place within the initial period of one month (or the extended period), as it does not suspend that period. All legal transfer pricing documentation must be submitted electronically in XML format via the „MyMinfin“ platform.
It is a platform specially designed by the Belgian tax authorities for transfer pricing documentation. There are guidelines regarding the submission format and who is allowed to submit transfer pricing documentation, as it differs from the „BizTax“ platform (used for filing corporate tax returns). This RFI, usually consisting of a standard questionnaire, is sent each year to about 250 multinationals, most often in the first months of each year. From the beginning of 2020, new tax and transfer pricing audits have been launched and there is a tendency to limit traditional standard questionnaires, but to submit tailor-made questionnaires on the information contained in transfer pricing documents and country reports (and therefore available to tax authorities). . . .