Filing your Belgian tax return? Don’t overlook foreign legal structures like STAKs and SCIs

Do you need to declare a STAK or SCI?

In many cases, yes. At the end of 2023, the Belgian tax authorities confirmed that a Dutch STAK and a French SCI can be considered legal structures.

• STAK: Are you the founder of a Dutch STAK? Then you must declare it in your tax return as a legal structure (code 1077-85).

• SCI: The rules for French SCIs are less clear-cut. Previously, no declaration was usually required, but now it’s important to assess case by case whether an exemption applies.

Are these structures subject to the Cayman Tax?

Good news: in most cases, they are not.

• Income from a STAK is generally not taxed under the Cayman Tax.

• Income from an SCI usually falls outside the scope of the Cayman Tax as well, since it is taxable in France under the double tax treaty.

What if you don’t declare your STAK or SCI?

Failing to declare a legal structure that must be reported? You risk a fine of €6,250 per year, per undeclared structure. That can add up quickly.

Need help with your tax return?

Want to make sure your Belgian tax return is filed accurately and on time? Our experts are here to help.