What is it about?
Multinational enterprise groups (MNE Groups) subject to Pillar 2, introduced by the law of 19 December 2023, are now subject to a new mandatory notification requirement. MNE Groups must now be registered with the Crossroads Bank for Enterprises (CBE) separately, meaning that a specific number will be attributed to the group. This registration will be different from the specific Belgian entities’ numbers.
When does it need to be filed?
This specific registration obligation has been organized by the Royal Decree of 15 May 2024 and the notification must be filed with the Belgian Tax Authorities by one of the following dates, whichever is the latest:
- Within 30 days following the start of the financial reporting year for which the MNE group enters the scope of Pillar 2;
- Within 45 days following the publication of the Royal Decree of 15 May 2024 in the Moniteur belge / Belgische Staatsblad. The Royal Decree having been published on 29 May 2024, it means that, as for the current period, this date is set for the 13 July 2024.
Who must do that?
The notification must be made:
- Where a single ultimate parent entity is established in Belgium: by that single ultimate parent entity;
- Where several ultimate parent entities are established in Belgium: by the ultimate parent entity designated as the authorized representative;
- Where there is no ultimate parent entity, and only one constituent entity is established in Belgium: by that single constituent entity;
- Where there is no ultimate parent entity, and several constituent entities are established in Belgium: by the constituent entity designated as authorized representative.
Please also note that MNE Groups having chosen to opt in for the safe harbor rules must also comply to this registration obligation.
What should be gathered?
If you fall within the requirements of this decree, rather extensive information must be gathered and communicated to the tax authorities such as:
- General group information, such as group name, fiscal year, address etc.;
- Information on the type of consolidated financial statements;
- Detailed information on the ownership structure, including the entities that are (an) ultimate parent entity/ies (UPE), intermediate parent entity/ies (IPE), partially-owned parent entity/ies (POPE) and their subsidiaries;
- Information on the group point of contact.
If the notification form mentions all necessary information, the FPS Finance will register the MNE group with the CBE. The group’s company number will then be sent by e-mail to the entity that notified the group.
It is essential that you comply with those new tax regulations and that you gather the right information to submit your notification form before it’s too late.
