Companies that directly or indirectly make payments of more than 100,000 euros per taxable period to persons in so-called 'tax havens' must report this on their corporate income tax return. They do this by means of a separate form, called declaration 275 F.
In the past, two lists existed to determine whether a country is part of these tax havens. There is a Belgian list of tax havens and an OECD list of such countries. The OECD list includes countries that do not comply with the OECD standard on transparency and exchange of information. However, this list has recently been updated again:
- + On 17 May 2019 the countries Aruba, Barbados and Bermuda were removed from the list.
- + On 14 June 2019, Dominica was subsequently removed from the list.
These countries have been removed from the blacklist because they have adapted to international standards of transparency and fair taxation. In 2017, however, these countries were moved from the grey list to the black list because they did not comply with the standards. It now appears that these countries have made an extra effort. From now on, they will belong to the large group of countries that do comply with international standards.
Obligation to declare
The obligation to declare only applies to countries that appear on the list throughout the entire taxable period. This means that for companies that keep their accounts per calendar year, the obligation to declare payments to persons in these countries lapses for the taxable period 2019.
However, declaration is still required for the following countries: the American Virgin Islands, American Samoa, Belize, Fiji, Guam, the Marshall Islands, Oman, Samoa, Trinidad and Tobago, Vanuatu and the United Arab Emirates.
Are you unsure whether you need to declare a certain payment? Please contact your account manager or one of our specialists via email@example.com.
We base our advice on current legislation, interpretations and legal doctrine. This does not prevent the administration from being able to challenge it or to change existing interpretations.