Belgium: Statute of Limitations Amendments and Reduction of the Legal Interest Rate

On 10 November 2022, the Belgian parliament approved Bill 2899 version 005. This includes changes in the statute of limitation and reduction of the legal interest rate.

The following will come into force from 1 January 2023:

Statute of Limitations:

• 4 years where a return is filed late or not filed (new, previously 3 years)
• 6 years in specific cases – semi-complex tax returns (new)
• 10 years in relation to complex tax returns (new)
• 10 years in case of fraud (extended from 7 years)
• 10 years retention period for keeping accounts, invoices and other records (extended from 7 years)
• Objection period from 6 months is extended to 1 year
• No changes in the standard 3-year time limit where a return has been timely filed

Legal interest rates:

• 8% late payment interest for VAT from 01 January 2023 (currently 9.6% per year).6% default interest payable by the State from 01 January 2023 (currently 9.6% in some cases and 7% in others).

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