Penalty scales for failure to declare (foreign) property
February 2024 - On 12 October 2023, the Royal Decree was published, determining the scales and application modalities of administrative fines for taxpayers who fail to spontaneously declare their immovable property. These penalty scales also apply to foreign properties.
Duty to declare
Each owner, occupier, leaseholder, superficies holder or usufructuary must declare the following events:
· (First) occupation
· Completion of alterations
· Changes to unbuilt immovable property
· Commissioning of new or additional equipment.
Each of these events must be declared to the patrimony documentation administration. A period of 30 days applies to both Belgian and foreign immovable property.
The acquisition or disposal of a foreign property must be reported to the administration within four months. If it is the acquisition of a newly created or rebuilt property that has not yet been put into use or leased, you have 30 days from the time it was put into use or leased.
Penalty scales for non-declaration or late declaration
Is a non-declaration or late declaration due to facts independent of the taxpayer's will? Then the penalty is zero euro.
The following penalty scales apply to the non-declaration or late declaration of the (first) occupation, the completion of alteration works or alterations to unbuilt immovable property (for both Belgian and foreign immovable property):
· EUR in the case of a KI of less than EUR 745
· EUR 2,000 for an assessed value of EUR 745 and less than EUR 2,500
· EUR 3,000 for an IPR of EUR 2,500 or more
The following penalty scales apply in case of non-declaration or late declaration of the commissioning of new or added material or equipment:
· No fine in the case of a CI of less than EUR 159
· EUR fine for a CI of EUR 159 or more and less than EUR 745
· EUR 2,000 fine in the case of a CI of EUR 745 or more and less than EUR 2,500
· EUR 3,000 fine in the case of a CI of EUR 2,500 or more
