On 10 September 2025, the Belgian Ruling Commission published its annual report for 2024. The report, available in Dutch and French, provides insights into key trends, operational developments, and notable decisions in the field of tax rulings.

The Arcomet Case

The VAT treatment of transfer pricing (“TP”)-adjustments has been a complex and often ambiguous area within EU tax law. The outcome of the Arcomet case set an important precedent for the VAT treatment of TP adjustments across the EU. This case follows the earlier opinion of the Advocate General, which already hinted at a VAT inclusive interpretation. Now, the CJEU has confirmed that non-transactional TP adjustments can indeed be subject to VAT, provided certain criteria are met.

The relationship between transfer pricing (TP) adjustments and value-added tax (VAT) is often complicated. Recently, the Arcomet case, which was reviewed by the Advocate General of the Court of Justice of the European Union (CJEU), has highlighted this issue. This case offers a unique chance to clarify how VAT should be applied to intragroup transactions when TP adjustments are involved.

On 19 February 2025, the OECD released the report on Amount B of Pillar One, providing a Simplified and Streamlined (S&S) approach to determine an arm’s length remuneration for baseline marketing and distribution activities. This standardized methodology eliminates the need for a benchmark and establishes a fixed return on sales ranging from 1.5% to 5.5%.

As announced during the technical webinar held on 11 February 2025 by the Organisation for Economic Cooperation and Development (OECD) , a consolidated report has been released on Amount B incorporating the agreed materials on Amount B that have been released by the Inclusive Framework from February 2024 until December 2024. A newsflash summarizing the key highlights will follow.

We are pleased to share that Tiberghien has been ranked as a Leading Firm in the Leaders League rankings for 2025.

On September 11 & 12, transfer pricing professionals from varying industries as well as international tax lawyers will gather in Amsterdam for the 2024 ITR World Transfer Pricing Forum.

Kenny Van Tulder is scheduled as a speaker on Wednesday at 11h15 and will be sharing his valuable insights during the Global transfer pricing update: Geographic Roundtables - EMEA, Americas, APAC. 

Feel free to learn more about the event, the agenda and how to register on following website. 

We are pleased to share that Tiberghien has been ranked as a Top Tier Firm in the ITR World Tax rankings for 2025. We are particularly proud to be Tier 2 for Transfer Pricing and would like to thank our clients, for their positive feedback and trusting us with their transfer pricing matters! For more information on these rankings, click here

The Royal Decree of 16 June 2024, published in the Belgian Official Gazette on 15 July 2024, introduces modifications to the transfer pricing forms 275.MF, 275.LF and 275.CBC NOT. This royal decree replaces the royalty decree of 28 October 2016 and will be applicable for financial years starting on or after 1 January, 2025.

The Belgian tax authorities recently initiated the 2024 transfer pricing audit wave, starting with a questionnaire an a pre-audit meeting.