Belgium - Reporting Rules on Payments to Tax Havens Deemed Constitutional
- F. Mortier
- International Transfer Pricing Journal, 2016 (Volume 23), No 4
- 23 June 2016
According to the Belgian Constitutional Court, the failure to report a payment to a person established in a non-cooperative jurisdiction or a tax haven is, in principle, a sufficient reason to deny the deduction of the payment for tax purposes. The reporting obligation imposed upon (non-resident) corporate taxpayers exists irrespective of whether the payment concerns an actual transaction or a sham. No fraudulent intent is required.