As every year, the Belgian tax authorities have issued guidelines on the preparation and the deadline for submitting the 281.50 forms relating to certain expenses incurred by companies and self-employed persons established in Belgium. The deadline is 29 June 2021 for the 2020 income (tax year 2021).
All the information relating to the preparation of the forms and their model are included in the notice to the debtors relating to the 2021 tax year and can be found on the tax administration website:
We remind you that companies and self-employed natural persons who award commissions, brokerage fees, commercial or other rebates, (non-)occasional (vacation) fees, gratuities, allowances or benefits of any kind to an independent service provider, which constitute professional income for the beneficiary, whether or not it is taxable in Belgium, are covered by the obligation to draw up 281.50 forms. However, the tax authorities are tolerant in certain cases and do not require the preparation of 281.50 forms if certain conditions are met.
Companies that do not comply with the reporting obligations risk specific sanctions. Indeed, the tax administration may subject the company to a separate assessment amounting to 100% of the expenditure not justified by a form (or 50% if the beneficiary of the unjustified expenditure is a legal person). As from 1 January 2020, for the tax year 2021 relating to a taxable period beginning on 1 January 2020 at the earliest, the separate assessment of 100% will no longer be deductible for corporation tax purposes and will have to be included in the disallowed expenses.
If your tax forms are usually filed through our office, your file responsible person will of course ensure that they are filed as usual and within the required timeframe.
If you would like more information on this subject or assistance with the filing of 281.50 forms, you can contact the RSM Belgium Tax team ([email protected]).