The Belgian ruling practice can rely on a long tradition of both informal and formal rulings (since 1993). In 2003, a generalised advance ruling system was introduced and, effective 1 January 2005, a fully independent ruling office with sufficient numbers of dedicated staff has been in place. The objective is that the new ruling practice should be more cooperative and client/result-oriented.
Benefits of an advance tax ruling:
A very broad scope including transfer pricing, M&A, PE issues
VAT treatment, personal income tax, customs and excise, etc.
Possibility to rule on global business cases
Cooperative and constructive mindset of the new ruling office
A positive decision binds the Belgian tax authorities
A processing time of 3 months (indicative timeframe)
Valid for 5 years or more
Pre-filing meetings possible on a “no-name” basis, without any obligation to file a ruling application afterwards
Note that any relevant advance income tax rulings in other EU Member States should be disclosed and the application should cover a “specific, concrete” operation that it is effectively envisaged will be realised in the foreseeable future.
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