Form descriptions - Quick refund - Belgian equities
To apply for a quick refund, the following documentation must be submitted to Clearstream Banking 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.-Aut.;
- Credit Advice;
- Power of Attorney from the final beneficial owner (if Form 276-Div.-Aut. signed by a third party);
- Power of Attorney from the Clearstream Banking customer (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 Annex 229 signed by a third party);
- Power of Attorney from the Clearstream Banking customer (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 Clearstream Banking customer (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 Clearstream Banking customer (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.-Aut.
A Form 276-Div.-Aut. (or together with a Certificate of Residence if Section IV in Form 276-Div.-Aut. 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.
Form 276-Div.-Aut. can be obtained from the beneficial owner’s local tax authority or from:
Centraal Taxatiekantoor Brussel-Buitenland
Jan Jacobsplein 10
B-1000 Brussels
BELGIUM
| 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 for 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 customer 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 Clearstream Banking customer
Upon request, a Power of Attorney completed and signed by the Clearstream Banking customer authorising Clearstream Banking to reclaim withholding tax on the customer’s behalf must be provided.
| Who completes it? | Customer. |
| 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 corporate action instruction is a tax breakdown that must contain the following information:
Attn: PTR Tax services;
RE: Quick refund;
ISIN code;
Payment date;
CBL customer’s account;
Name, status, address, country of the beneficial owner;
Quantity;
Tax rate to be applied
| Who completes it? | Customer. |
| 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 an MT565 message via CreationOnline or SWIFT. |