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Posted Mon, 04 Jul 2022 10:25:16 GMT by HMRC Admin 24
Hi,

You will not include the Belgian state pension on the tax return, you can make reference to the 2012 Protocol amending the 1987 UK/Belgium DTC and Article 19.

When you complete the return, complete sction 6 if you wish to claim a refund.

As this income is no longer taxable in the UK, you should not be asked to pay in advance unless you have another source of untaxed income.

Thank you.
Posted Mon, 04 Jul 2022 12:07:03 GMT by VictorHamesse
That's great, thanks. Appreciate your quick reply. A further question please - as I will now no longer have any non-UK income, do I need to continue to complete a Self-Assessment Tax Form for future years ? Will the system recognise that the Belgian Pension income is not UK taxable ? Thanks
Posted Tue, 05 Jul 2022 10:12:50 GMT by HMRC Admin 17

Hi,
 
If you have no other self assessment criteria you no longer need to complete a tax return.

You do not need to declare the Belgian state pension so there isn't anything for the system to recognise.

You may wish to phone to have the return cancelled on 0300 200 3310 .

Thank you.
Posted Wed, 27 Jul 2022 07:51:10 GMT by m a Potter
I also was hit by the Belgian tax authority. I contacted HMRC SA team and was advised I could correct my return and reduce my UK tax liability. I did this with the help of an HMRC agent and it has all been amended.
Posted Wed, 27 Jul 2022 08:28:49 GMT by VictorHamesse
->m a Potter For which tax years did the Belgian tax folks levy tax ?
Posted Thu, 13 Oct 2022 14:11:07 GMT by John Godsmark
HI I have been hit with high Be tax bill due to Be pensions (year 2019) I have researched this thoroughly and the latest sept HMRC 2022 Belgian Double taxation Manual is very clear that only state pensions should be taxed under the treaty 18 (b) . They have taxed both my Be private pension and state pension. I have already written once explaining 18b but they ignore it and just keep adding interest ! I will send another letter with the HMRC manual update text, but I am not sure this will work. What dept in HMRC can help me to resolve this. The Be tax authorities will not discuss matters in English, which adds to the difficulty. I have been advised to start a "Mutual Agreement Procedure" but not sure how to go about that. This will be an ongoing problem each year, which I need to get resolved . Any help would be useful. ! Thanks
Posted Sun, 16 Oct 2022 09:47:09 GMT by CharlesM
Hello. I posted this question 9 months ago: I have a question on Belgian Complimentary pension schemes. These schemes are recognised by the Belgian Tax Authorities and have a specific Belgian Tax treatment. The schemes are typically administered by Insurance Companies and pay out a lump sum upon retirement. Can HRMC confirm if such Belgian complimentary pension schemes are covered by the DTA and will be taxable only in Belgium, even if the retiree is tax resident in the UK at the time of retirement please? to which I received a reply: 'HMRC are currently in discussions with the Belgian tax authorities regarding the nature of this complimentary pension and how it falls within the tax treaty agreements. Further guidance will be published as soon as discussions come to an end.' Have these discussions ended yet - and can you now answer my question ? Thanks
Posted Wed, 19 Oct 2022 11:44:00 GMT by HMRC Admin 17

Hi
CharlesM,
 
 
As this is currently under discussion between both tax authorities, we would not be in a position to comment at this time.

Thank you.

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