by Julie Vantomme and Matteo Hinck
Does your company make payments to parties located in tax havens? If so, your business may have a reporting obligation. Failure to comply with this can result in the tax authorities rejecting these expenses as business costs, even if they are genuine commercial transactions.
A Belgian company is required to report its payments to parties in tax havens if the total of these payments, including any debts, amounts to at least €100,000 in a single financial year. It's important to note that this total is not calculated per country or per beneficiary; all countries and beneficiaries must be considered together. For example, if payments of €60,000 were made to Panama and €50,000 to Turkey during the tax period, the obligation applies.
In that case, the company must include special form 275F with its corporate tax return. This form includes all (direct and indirect) payments made to individuals or companies established in a tax haven.
Payments to tax havens are, in principle, only deductible for corporate tax purposes if they are reported using form 275F and if the taxpayer can prove that they concern real and genuine transactions.
If the form is not completed or lacks sufficient information, the tax authorities may refuse the right to deduct these costs.
A country is considered a tax haven if it:
is designated by the Global Forum (OECD) as a state that does not effectively or substantially apply the standard for information exchange (the so-called OECD list); or
is included on the Belgian list of countries with no or low tax rates; or
is included on the EU list of non-cooperative jurisdictions.
The status is determined at the time of payment. However, there is a proposal in the federal coalition agreement to switch to a fixed annual list (based on the status as of January 1) to provide greater legal certainty. The OECD and EU lists are regularly updated.
The European Council updates its list of non-cooperative jurisdictions twice a year. In 2025, the list remained unchanged and still includes eleven jurisdictions: American Samoa, Anguilla, Fiji, Guam, Palau, Panama, Russia, Samoa, Trinidad and Tobago, U.S. Virgin Islands, and Vanuatu.
You can find the full list of tax havens on the website of the Belgian Federal Public Service Finance. This list is purely informative and regularly updated.
Would you like advice or assistance in fulfilling this reporting obligation? Feel free to contact one of our experts.
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Julie Vantomme
Manager Tax julie.vantomme@vdl.be
Matteo Hinck
Advisor Tax matteo.hinck@vdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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