The Belgian federal tax regularisation procedure, commonly referred to as EBA quinquies, has been further clarified by a newly published FAQ. The FAQ provides practical guidance on the filing process, the supporting documents required, the applicable rates and a number of specific asset classes, including physical gold.
EBA quinquies reintroduces a federal framework for taxpayers who wish to voluntarily regularise undeclared income, certain sums, VAT transactions and fiscally time-barred capital. The procedure is handled by the Contact Point for Regularisations and may lead to the issuance of a regularisation certificate after payment of the applicable levy.
That certificate remains the key objective of the procedure. Within the limits of the legal framework, it provides fiscal and criminal law protection for the regularised amounts. This can be particularly relevant where taxpayers, heirs, donees or other successors are confronted with assets for which the historic tax treatment can no longer be fully documented.
I. A costly but important regularisation route
The new regularisation procedure comes at a significant cost.
Non-time-barred income, sums and VAT transactions are subject to the normally applicable tax rate, increased by 30 percentage points. Fiscally time-barred capital is subject to a separate levy of 45%. In addition, non-time-barred social security contributions due on professional income are subject to an additional social levy of 20%.
The FAQ confirms that the burden of proof remains central. The declarant must demonstrate, on the basis of written evidence, supplemented where appropriate by other legally admissible evidence, that the relevant income, sums, VAT transactions or capital have undergone their normal tax regime. Oaths and witness evidence are excluded.
In practice, this proof requirement can be challenging, especially for older assets, inherited wealth or assets transferred informally within a family. Where the available documentation is insufficient, the Contact Point may require the fiscally time-barred capital to be included in the regularisation base. In cases of uncertainty, an anonymous prefiling with the Contact Point remains possible.
The FAQ also confirms a number of procedural points. A regularisation declaration can be filed digitally, by post or physically, with filing by e-mail being the preferred method. Regional taxes cannot yet be regularised through the Contact Point pending the required cooperation agreements. The declaration must also be accompanied by separate signed annexes, including a concise explanation and a fraud scheme describing the origin, scope and timing of the relevant income, sums, VAT transactions or capital, as well as the financial accounts used.
II. Specific attention for gold and older family assets
One of the more notable clarifications in the FAQ concerns physical gold.
The FAQ confirms that gold can, in principle, be regularised. However, the declarant must be able to substantiate both the origin of the gold and the date of acquisition. Depending on the facts, relevant evidence may include purchase documents, notarial deeds of gift, written gift documents, estate declarations, bank records or other contextual documentation.
This clarification is particularly relevant for families holding older assets that may have been acquired decades ago and later transferred by gift or inheritance. In many such cases, the current holder may not have been involved in the original acquisition and may not have access to complete historical records. Nevertheless, the proof burden remains with the declarant.
The FAQ therefore confirms that EBA quinquies is not merely an administrative filing. A successful regularisation requires a careful reconstruction of the asset history, a clear analysis of the relevant tax periods and a coherent evidentiary file. This is especially true where assets have passed through several generations or where the available documentation is fragmentary.
Taxpayers considering EBA quinquies should therefore not wait until questions are raised by a financial institution or by the authorities. A proactive review of the available documentation, the origin of the assets and the possible fiscal and criminal law exposure remains essential.
EBA quinquies offers a renewed opportunity to regularise past irregularities, but it does so under strict conditions and at a high price. Proper preparation will often determine whether the procedure can deliver the intended legal certainty.
If you have any questions regarding the topics discussed in this article, please feel free to contact the authors of this article, Jacques Malherbe or Rik Strauven.
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This newsletter does not constitute legal advice or a legal opinion. Please consult with a legal counsel of your choice before taking any action based on the information provided.