Internal Revenue Bulletin:  2010-18 

May 3, 2010 

Announcement 2010-27

US-Belgium Agreement on Pension Plans under Treaty Article 17


Table of Contents

The following is a copy of the Competent Authority Agreement entered into by the competent authorities of the United States of America and Belgium with respect to the types of pension plans established in either Contracting State that will be deemed to generally correspond to a pension plan recognized for tax purposes in the other Contracting State as required by paragraphs 7 and 9 of Article 17 (Pensions, Social Security, Annuities, Alimony, and Child Support) of the Convention Between the Government of the United States of America and the Government of the Kingdom of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income signed at Brussels on November 27, 2006.

The text of the Competent Authority Agreement is as follows:

COMPETENT AUTHORITY AGREEMENT

The competent authorities of the United States and Belgium hereby enter into the following agreement (the “Agreement”) regarding the types of pension plans established in either Contracting State that will be deemed to generally correspond to a pension plan recognized for tax purposes in the other Contracting State as required by paragraphs 7 and 9 of Article 17 (Pensions, Social Security, Annuities, Alimony, and Child Support) of the Convention Between the Government of the United States of America and the Government of the Kingdom of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income signed at Brussels on November 27, 2006 (the “Treaty”). The Agreement is entered into under paragraph 3 of Article 24 (Mutual Agreement Procedure).

The competent authorities agree as follows:

  1. Belgian Pensions

    For purposes of paragraphs 7 and 9 of Article 17, the following types of pension plans established in Belgium will be deemed to generally correspond to a pension plan recognized for tax purposes in the United States:

    1. a qualified complementary retirement benefit arrangement for purposes of Article 52, 3°, b, of the Code of Income Taxes (Code des Impôts sur les revenues 1992),

    2. a qualified complementary retirement benefit arrangement for purposes of Article 52, 7° bis, of the Code on Income taxes (Code des Impôts sur les revenues 1992),

    3. a qualified complementary retirement benefit arrangement for purposes of Article 59, of the Code of Income Taxes (Code des Impôts sur les revenues 1992),

    4. a qualified complementary retirement benefit arrangement for purposes of Article 145-1, 1°, of the Code of Income Taxes (Code des Impôts sur les revenues 1992), and

    5. a qualified complementary retirement benefit arrangement for purposes of Article 145-3, of the Code of Income Taxes (Code des Impôts sur les revenues 1992).

  2. US Pensions

    For purposes of paragraphs 7 and 9 of Article 17, the following types of pension plans established in the United States will be deemed to generally correspond to a pension plan recognized for tax purposes in Belgium:

    1. a qualified plan under section 401(a) of the Internal Revenue Code (including a Code section 401(k) arrangement),

    2. an individual retirement plan (including an individual retirement plan that is part of a simplified employee pension plan that satisfies Code section 408(k)), an individual retirement account, an individual retirement annuity, a Code section 408(p) account, and a Roth IRA under Code section 408A,

    3. a Code section 403(a) qualified annuity plan,

    4. a Code section 403(b) plan,

    5. a Code section 457(b) plan, and

    6. the Thrift Savings Plan (Code section 7701(j)).

The listing above is not intended to be exclusive. Any U.S. or Belgian pension plan of a type not mentioned above, including any type of plan established pursuant to legislation enacted after the date of signature of this Agreement, or any participant in a type of plan not mentioned above, may ask the competent authority of the other Contracting State for a determination that the plan generally corresponds to a pension plan recognized for tax purposes in that other State.

Agreed to by the undersigned competent authorities on January 14, 2010:

/s/ 1-14-2010 /s/ 11-20-2009
Douglas W. O’Donnell Date U.S. Competent Authority Sandra Knaepen Date Belgian Competent Authority

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