Financial protection against costs of tax audit

As your accountant and tax adviser we would like to introduce ‘Omnifisc‘. An insurance policy covering tax audits and judicial procedures in relation to income taxes and VAT.

The insurance is not intended to cover the additional tax liability due as a result of the audit.

The insurance covers up to € 30,000.00 of expenses and fees of your accountant, lawyer and bailiffs to conduct the fiscal procedure, of which € 15,000.00 is meant for the administrative phase and € 15,000.00 for the judicial phase.

The premium is tax deductible:

 

It remains difficult to predict if and when a tax audit will take place and how much time it will request. Our fees relating to tax audits (including requests for information, notices of amendment, objections and / or onsite support) are therefore not included in our standard rates. These services are always separately charged at an hourly rate based on the actual time involved.

On the other hand, legislation is becoming increasingly complex and offers less legal certainty. Where it used to be quite clear which approach the tax authorities would take with respect to certain structures, this is no longer the case.

In the search for additional revenues the tax authorities are also asked to make targeted and follow-up tax audits.

In short: the risk of extensive fiscal control, disputes and discussions of the tax administration has increased significantly.

To hedge against unexpected costs such tax audit might involve, you can consider underwriting an ‘Omnifisc’ insurance. For more information you can contact us at info@odb.solutions.

Auditor may now also inspect data you store in the cloud

If you, as a tax subject, receive a visit from an auditor, you must allow him to look through your books and records if he asks to do so.
What about electronic data?

These days, tax subjects often keep such documents on a computer or server. Such electronically-stored documents may today already be inspected by tax officials.
Inspection in the cloud

In order to also harmonise the right of inspection of the officials with this evolution, the Programme Law of 1 July 2016 amended article 315(b) of the 1992 Income Tax Code – which regulates the right of inspection – by adding that the obligations set forth in this article (= preserve the documents and allow them to be inspected) also apply when the data that the administration requests exist digitally in Belgium or abroad. In other words, the auditor can also inspect data in the cloud.
A similar adaptation was made in the VAT Code so that the VAT officials receive the same power as well.
Starting when?

The new measure applies as of 14 July 2016

What tax audits to expect in 2016?

You might be the target of an audit. When do you run an increased risk?
You’re a private individual and you find yourself in one of the following situations;
• the special assessment system for foreign executives applies to you;
• he/she declared that he/she is entitled to a tax reduction for revenues of foreign origin;
• the automated processing of the return reveals that:

o he/she did not declare all of his/her professional income, Belgian and foreign,
o he/she did not make a declaration of an immovable property of which he/she is the owner in Belgium or abroad,
o he/she deducts gifts without possessing a tax certificate.
You are an independent manager and prove your expenses
You have a company
The company might be audited if:
• it, as a debtor of incomes, did not correctly and completely fill in the 281 tax forms, as a result of which the recipients cannot be identified;
• it operates a business in the hotel, restaurant and cafe sector and does not fulfil the obligation to use a registered POS system;
• as a VAT unit or as a member thereof, it has not complied with specific VAT obligations;
• during liquidation a presumption exists that not all tax levies were paid for certain liquidation transactions.
As in previous years, tax subjects who – despite the fact that a reminder was sent to them – did not file their tax return, will be audited. Particular attention will be paid to tax subjects who have already repeatedly failed to file a return.
The citizens and companies that we audit will be selected on the basis of indicators that point to a heightened tax risk. For citizens, the automated processing of the return can lead to a selection for auditing any irregularities.
Besides these specific points of concern, the FPS Finance naturally conducts other audits of the tax situation of citizens and companies.