Form descriptions - Quick refund - Belgian equities (Securities held in CBF)
To apply for a quick refund, the following documentation must be submitted to LuxCSD within the indicated deadlines according to the status of the beneficial owner, as follows:
For residents of Double Taxation Treaty (DTT) countries:
- Form 276 Div.;
- Credit Advice;
- Power of Attorney from the final beneficial owner (if Form 276 Div. signed by a third party);
- Power of Attorney from the LuxCSD client (upon request);
- Per-payment Corporate Action Instruction.
For supranational or international organisations:
- Annexe 229 - Attestation de propriété in the name of each beneficial owner;
- Credit advice;
- Power of Attorney from the final beneficial owner (if Annexe 229 signed by a third party);
- Power of Attorney from the LuxCSD client (upon request);
- Per-payment corporate action instruction.
For foreign companies holding “qualifying” participation:
- foreign companies with minority participation claiming exemption:
- Self-declaration for exemption of dividend withholding tax art. 264/1
- Credit advice;
- Power of Attorney from the final beneficial owner (if Self-declaration signed by a third party);
- Power of Attorney from the LuxCSD client (upon request);
- per payment corporate action instruction.
- foreign companies with substantial participation claiming exemption:
- Self-declaration for exemption of dividend withholding tax;
- Credit advice;
- Power of Attorney from the final beneficial owner (if Self-declaration signed by a third party);
- Power of Attorney from the LuxCSD client (upon request);
- per payment corporate action instruction.
Form descriptions are presented according to the procedures available for relief and/or reclaim of withholding tax on income from Belgian equities.
Form 276 Div.
A Form 276 Div. (or together with a Certificate of Residence if Section IV in Form 276 Div. is not completed) must be submitted as the official Belgian tax reclaim form to be used for refund applications on Belgian equities.
The form must be completed by the beneficial owner or its representative and stamped by the tax authorities of the beneficial owner’s country of residence.
For beneficial owners that are residents of the U.S.A., it is mandatory to submit an original Form 6166 issued by the Internal Revenue Service for each reclaim application and the Form 276-Div.Aut. should not be stamped and completed by the local tax authorities.
For beneficial owners that are individuals, date and place of birth must be completed. The full name must always be stated (surname and first names). First names may not be abbreviated and must be written in full.
Who completes it? | Beneficial owner or its legal representative and the beneficial owner’s tax authority. |
How often is it provided? | Per quick refund application. |
When is it provided? | At the latest, three business days after the dividend payment date, by 10:00 CET. |
Copy or original? | Original required. |
Annexe 229 - Attestation de propriété
Annexe 229 is a certificate of ownership that must be submitted by supranational or international organisations to benefit from the exemption and must be completed, signed and stamped by the legal representative of the organisation.
How many are provided? | One per beneficial owner. |
Who completes it? | Legal representative of the organisation. |
How often is it provided? | Once, with the first quick refund application. Valid until further renewal request from the Belgian Tax Authorities. |
When is it provided? | At the latest, three business days after the dividend payment date, by 10:00 CET. |
Copy or original? | Original required. |
Self-declaration for exemption of dividend withholding tax art. 264/1
This self-declaration must be submitted by foreign parent companies with minority participation to benefit from the tax exemption and must be completed, signed and stamped by the legal representative of the organisation.
How many are provided? | One per beneficial owner. |
Who completes it? | Legal representative of the organisation. |
How often is it provided? | |
When is it provided? | Four business days before the first dividend payment date. |
Copy or original? | Original required. |
Credit Advice
An original Credit Advice provided by the last intermediary in the chain having the beneficial owner’s account in its books.
The Credit Advice identifies interest payment details including the security type, gross amount of payment, date of payment and amount of tax withheld. The Credit Advice must reconcile with the information in Form 276-Div.-Aut, Form 229 or self-declaration.
Who completes it? | Financial institution paying the beneficial owner. |
How often is it provided? | Per quick refund application. |
When is it provided? | At the latest, three business days after the dividend payment date, by 10:00 CET. |
Copy or original? | Original required. |
Power of Attorney from the final beneficial owner
Upon request, if the client or a third party is completing the official Forms or self-declarations on behalf of the beneficial owner, a Power of Attorney must be provided.
Who completes it? | Beneficial owner. |
How often is it provided? | With each form/self-declaration. |
When is it provided? | With each form/self-declaration. |
Copy or original? | Copy accepted. |
Self-declaration for exemption of dividend withholding tax
The self-declaration for exemption of dividend withholding tax must be submitted by foreign parent companies with substantial participation to benefit from the reduced tax rate and must be completed, signed and stamped by the legal representative of the organisation.
How many are provided? | One per beneficial owner. |
Who completes it? | Legal representative of the organisation. |
How often is it provided? | Valid for the calendar year of the date of signature. |
When is it provided? | At the latest, four calendar days after the dividend payment date, by 18:00 CET. |
Copy or original? | Original required. |
Power of Attorney from the LuxCSD client
Upon request, a Power of Attorney completed and signed by the LuxCSD client authorising LuxCSD to reclaim withholding tax on the client's behalf must be provided.
Who completes it? | Client. |
How often is it provided? | Upon request. |
When is it provided? | Upon request. |
Copy or original? | Copy accepted. |
Per-payment Corporate Action Instruction
The per-payment instruction must be provided per tax rate either via Xact Web Portal, or by a formatted Swift MT565 message. It must include:
- Attn: PTR Tax services;
RE: Quick refund; - Client account number;
- ISIN code;
- CBL Corp ID
- Instructed quantity (according to the eligible balance in the account);
- Tax rate to apply: to be included in field :92A::TAXB// for Swift users or tax rate field for Xact Web Portal users;
- Beneficial owner details, to be included in the BENODET sequence (for Swift users): Name, status, address, country of residence, holding.
Who completes it? | Client. |
How often is it provided? | Per quick refund application. |
When is it provided? | At the latest, three business days after each respective dividend payment date, by 10:00 CET. |
Copy or original? | Must be sent as a formatted MT565 message or via Xact Web Portal. |