Form descriptions - Standard refund - Belgian equities

15.11.2016

To apply for a standard refund, the following documentation must be submitted to Clearstream Banking within the indicated deadlines according to the status of the beneficial owner, as follows:

For residents of Double Taxation Treaty (DTT) countries:

  • Form 276-Div.-Aut.;
  • Full chain of Credit Advices;
  • Power of Attorney from the final beneficial owner (if Form 276-Div.-Aut. signed by a third party);
  • Power of Attorney from the Clearstream Banking customer;
  • Letter of Request to Clearstream Banking for Reclaim of Belgian Withholding Tax.

For supranational or international organisations:

  • Annexe 229 - Attestation de propriété in the name of each beneficial owner;
  • Full chain of Credit Advices;
  • Power of Attorney from the final beneficial owner (if Annex 229 signed by a third party);
  • Power of Attorney from the Clearstream Banking customer;
  • Letter of Request to Clearstream Banking for Reclaim of Belgian Withholding Tax.

For non-resident pension funds:

  • Annexe 26 - Précompte Mobilier;
  • Full chain of Credit Advices;
  • Power of Attorney from the final beneficial owner (if Annex 26 signed by a third party);
  • Power of Attorney from the Clearstream Banking customer;
  • Letter of Request to Clearstream Banking for Reclaim of Belgian Withholding Tax.

For foreign companies holding “qualifying” participation:

  • foreign companies with minority participation claiming a reduced rate of 1.6995%:
    • Self-declaration for reduced dividend withholding tax rate of 1.6995%
    • Power of Attorney from the final beneficial owner (if Self-declaration signed by a third party);
    • Power of Attorney from the Clearstream Banking customer (upon request);
    • per payment corporate action instruction.
  • foreign companies with substantial participation claiming exemption:
    • Self-declaration for exemption of dividend withholding tax
    • Power of Attorney from the final beneficial owner (if Self-declaration signed by a third party);
    • Power of Attorney from the Clearstream Banking customer (upon request);
    • per payment corporate action instruction.

For all customers claiming tax refund exceeding EUR 100,000:

  • A copy of the credit advice from the previous dividend payment (if received by the same beneficial owner);
  • A Statement of Transactions.

Form descriptions are presented according to the procedures available for relief and/or reclaim of withholding tax on income from Belgian equities.

Form 276-Div.-Aut.

A Form 276-Div.-Aut. (or together with a Certificate of Residence if Section IV in Form 276-Div.-Aut. is not completed) must be submitted as the official Belgian tax reclaim form to be used for refund applications on Belgian equities.

The form must be completed by the beneficial owner or its representative and stamped by the tax authorities of the beneficial owner’s country of residence.

For beneficial owners that are residents of the U.S.A., it is mandatory to submit an original Form 6166 issued by the Internal Revenue Service for each reclaim application and the Form 276-Div.Aut. should not be stamped and completed by the local tax authorities.

The Form 276-Div.-Aut. can be obtained from the beneficial owner’s local tax authority or from:

Centraal Taxatiekantoor Brussel-Buitenland
Jan Jacobsplein 10
B-1000 Brussels
BELGIUM

Who completes it?Beneficial owner or its legal representative and the beneficial owner’s tax authority.
How often is it provided?Per standard refund application.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Original required.

Credit Advice

The full chain of original Credit Advices provided for each standard refund application by each intermediary between the final beneficial owner and Clearstream Banking.

The Credit Advice identifies dividend payment details including the security type, gross amount of payment, date of payment and amount of tax withheld. The Credit Advice must reconcile with the information in Form 276-Div.-Aut.

Who completes it?Financial institution paying the beneficial owner.
How often is it provided?Per standard refund application.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Original required.

Statement of Transactions

The Statement of Transactions is a free format document that must contain the details of the transactions (purchase, sale, lending, etc.) between the previous dividend payment date and the dividend payment date stated on the reclaim form. It must mention the following trade details: security name, ISIN, quantity of shares, trade date, settlement date, transaction type (purchase/sale) and the counterparties of the trade.

How many are provided?

One per reclaim request exceeding EUR 100,000.

Who completes it?

Beneficial owner or its legal representative. Must be certified by the customer with two authorised signatures.

How often is it provided?

Per standard refund application.

When is it provided?

At the latest, two months before the statutory deadline.

Copy or original?

Original required.

Power of Attorney from the final beneficial owner

A Power of Attorney must be provided  for each standard refund application.

Who completes it?Beneficial owner.
How often is it provided?Per standard refund application.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Copy accepted.

Power of Attorney from the Clearstream Banking customer

A Power of Attorney, completed and signed by the Clearstream Banking customer authorising Clearstream Banking to reclaim withholding tax on the customer’s behalf, must be provided.

Who completes it?Customer.
How often is it provided?Per standard refund application.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Copy accepted.

Letter of Request to Clearstream Banking for Reclaim of Belgian Withholding Tax

Authorises Clearstream Banking to reclaim withholding tax from the Belgian Tax Authorities on the customer’s behalf.

Who completes it?Customer.
How often is it provided?Per standard refund application.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Original required.

Annexe 229 - Attestation de propriété

Annexe 229 is a certificate of ownership that must be submitted by supranational or international organisations to benefit from the exemption and must be completed, signed and stamped by the legal representative of the organisation.

How many are provided?One per beneficial owner.
Who completes it?Legal representative of the organisation.
How often is it provided?Once, with the first standard refund application. Valid until further renewal request from the Belgian Tax Authories.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Original required.

Annexe 26 - Précompte Mobilier

Annexe 26 must be submitted by non-resident pension funds to benefit from the exemption and must be completed, signed and stamped by the legal representative of the organisation.

Who completes it?Legal representative of the organisation.
How often is it provided?Once, with the first standard refund application. Valid until further renewal request from the Belgian Tax Authorities.
When is it provided?At the latest, two months before the statutory deadline.
Copy or original?Original required.

Self-declaration for reduced wihholding tax rate 1.6995%

The self-declaration for reduced withholding tax rate 1.6995% must be submitted by foreign parent companies with minority participation to benefit from the reduced tax rate and must be completed, signed and stamped by the legal representative of the organisation.

How many are provided?

One per beneficial owner.

Who completes it?

Legal representative of the organisation.

How often is it provided?

For each standard refund application

When is it provided?

At the latest, two months before the statutory deadline.

Copy or original?

Original required.

Self-declaration for exemption of dividend withholding tax

The self-declaration for exemption of dividend withholding tax must be submitted by foreign parent companies with substantial participation to benefit from the reduced tax rate and must be completed, signed and stamped by the legal representative of the organisation.

How many are provided?

One per beneficial owner.

Who completes it?

Legal representative of the organisation.

How often is it provided?

Valid for the calendar year of the date of signature.

When is it provided?

At the latest, two months before the statutory deadline.

Copy or original?

Original required.