On 30 November 2022, Belgium published the Law of 20 November 2022 on amending the statutes of limitations periods and financial provisions in the Official Gazette. The Belgian parliament approved the law amending the statutes of limitations periods on 10 November 2022. The statute of limitations periods is set as follows:
- A standard 3-year statute of limitations where a return has been timely filed.
- A 4-year statute of limitations where a return is filed late or not filed.
- A 6-year statute of limitations in specific cases, such as requirements to submit a local file; requirements to submit a CbC report; requirements to declare payments to a low or no-tax jurisdiction without information exchange or a jurisdiction listed by the EU as non-cooperative; potentially abusive withholding tax arrangements; and a declaration includes the imputation of foreign tax.
- A 10-year statute of limitations in relation to complex declarations involving particular legal arrangements, hybrid mismatches, and the CFC provisions.
Along with the maximum 10-year statute of limitations, the retention period for documentation is extended to 10 years. The statute of limitations and appeal changes generally apply from 1 January 2023, except for the appeal period extension for supplementary assessments, which applies from 1 January 2025.
