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Friday, 07 June 2024

Pillar 2 in Belgium - action required before 13 July 2024

Koen Morbée

Koen Morbée

Rik Smet

Rik Smet

Senior Associate

The Belgian Pillar 2 transposition law was recently amended, in part to incorporate the most recent additional OECD Commentary. This law also provides that “Pillar 2 groups” will (have to) have a separate CBE registration (‘Crossroads Bank for Enterprises’). This should simplify relations with the tax administration by providing only one point of contact for prepayments, notifications, QDMTT, IIR and UTPR returns, etc. To this end, a notification form should be submitted electronically via the government portal MyMinFin through an XML file. Thereafter, the group will obtain its separate CBE number.

Information disclosure

The Multinational Enterprise (MNE) must disclose in the notification form information regarding the structure of the group as it existed at the beginning of the first reporting year. For many MNEs, this will likely be 1 January 2024. The notification must be done by :

  • if there is only one ultimate parent entity (or “UPE”) located in Belgium, by that UPE
  • if there are multiple UPEs established in Belgium, by the UPE designated as principal by the group
  • if no UPE is established in Belgium, by the designated Belgian group entity. If only one constituent entity is established in Belgium, then that entity must make the notification.

The FPS Finance also provides a mandate form that must be used and submitted as a pdf document. Through this form, the constituent entities that will not make the aforementioned notification authorize the constituent entity concerned to file the notification on behalf of the MNE group.

The information to be disclosed in this notification, includes :

  • information on the accounting standard used (IFRS, local GAAP) and in which currency they are prepared, as well as where the consolidated financial statements can be publicly accessed
  • information on the ownership structure of the MNE group or large domestic group. If there is a Belgian UPE, all Belgian and foreign constituent entities are to be disclosed. In addition, IPE’s and POPE’s must be identified. For Belgian IPE’s or POPE’s, all the underlying Belgian and foreign constituent entities are also to be identified. 

Note that the relevant group entities should not merely be identified, but their specific GloBE qualification(s) should also be communicated. The same is true for excluded entities and/or subgroups. Consequently, in order to do the notification correctly, the Pillar 2 scoping must have been done thoroughly. The notification is also done through MyMinFin and not directly to the CBE. If the application is validated by the FPS Finance, it requests a CBE number for the group and delivers it by email to the group entity that did the notification.


This notification must - and will have to - be made within a period of 30 days after the start of the first reporting year for which the MNE is in scope of the Belgian Pillar 2 law. This of course includes all Pillar 2 in scope groups with a constituent entity presence in Belgium. However, for those MNEs whose first reporting year has already started or is about to start, this deadline is extended to 45 days after the publication of the relevant royal decree of 15 May 2024. This was published on 29 May 2024, which means that this notification is to be made no later than July 13.

For more information, please contact our specialists Rik Smet or Koen Morbee. 

Koen Morbée

Koen Morbée

Rik Smet

Rik Smet

Senior Associate
Tiberghien Brussels

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