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14, boulevard Royal – L-2449 Luxembourg
 
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Gent
Rijvisschestraat 124, 9052 Gent
Brussel
Terhulpsesteenweg 120, 1000 Brussel.
 
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08:30 u. tot 16:30 u.

Automatic exchange of information

 

In February 2014, the OECD released the main elements of a global standard for automatic exchange of financial account information in tax matters, namely a Model Competent Authority Agreement and a Common Reporting Standard, which were subsequently endorsed by the G20 Finance Ministers and Central Bank Governors.

The automatic exchange of information was integrated into the European level with Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation, and also transposed into the local level.

The exchange of information plans the communication by the Bank to the local authority of the following information which will be transmitted, in their turn, to the fiscal authority of residence of the aimed people:

  1. The name, address, TIN(s) and date and place of birth (in the case of an individual) of each Reportable Person that is an Account Holder of the account and, in the case of any Entity that is an Account Holder and that, after application of due diligence rules consistent with the Annexes, is identified as having one or more Controlling Persons that is a Reportable Person, the name, address, and TIN(s) of the Entity and the name, address, TIN(s) and date and place of birth of each Reportable Person,

  2. The account number (or functional equivalent in the absence of an account number),

  3. The name and identifying number (if any) of the Reporting Financial Institution,

  4. The account balance or value (including, in the case of a Cash Value Insurance Contract or Annuity Contract, the Cash Value or surrender value) as of the end of the relevant calendar year or other appropriate reporting period or, if the account was closed during such year or period, the closure of the account,

  5. The total gross amount of interest, the total gross amount of dividends, and the total gross amount of other income generated with respect to the assets held in the account, in each case paid or credited to the account (or with respect to the account) during the calendar year or other appropriate reporting period, and
    The total gross proceeds from the sale or redemption of Financial Assets paid or credited to the account during the calendar year or other appropriate reporting period with respect to which the Reporting Financial Institution acted as a custodian, broker, nominee, or otherwise as an agent for the Account Holder.

In order to realize a correct exchange of information, we need that you communicate us the aforesaid information by means of documents provided to you below.

 

USEFUL LINKS

Luxemburg tax authorities

http://www.impotsdirects.public.lu/fr/echanges_electroniques/CRS_NCD.html

http://www.impotsdirects.public.lu/content/dam/acd/fr/echanges_electroniques/ncd/faq-crs.pdf

Belgian tax authorities

https://finances.belgium.be/fr/E-services/crs/description

https://finances.belgium.be/sites/default/files/downloads/169-CRS-Guidance-notes-2nd-version.pdf

European Union

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0107

OECD

http://www.oecd.org/tax/automatic-exchange/

 

TARGETED JURISDICTIONS

Luxembourg

http://data.legilux.public.lu/file/eli-etat-leg-rgd-2018-07-09-a570-jo-fr-pdf.pdf

Belgium

http://www.ejustice.just.fgov.be/cgi/article_body.pl?language=fr&pub_date=2018-06-20&numac=2018031262&caller=summary