On 10 November 2022, the Belgian parliament approved the law amending the statutes of limitations periods. 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.
