Establishing oneself as a certified tax advisor in Belgium

Do you want to hold the title as a natural person?

What are the conditions for enrolling in the public register?

You:

1. must not have been stripped of your political or civil rights;
2. must not have received any sanctions as part of an insolvency procedure (debt relief, personal liability, bans from professional practice, refusal of rehabilitation);
3. must not have received a prison sentence - whether or not suspended - for certain crimes.

You must also possess the necessary professional qualifications. These can be obtained in various ways:

1. You may take the entrance exam, if you have obtained one of the diplomas mentioned in the law. If you pass the entrance exam, you must take a work placement of at least three years at one or more placement supervisors. You can take interim exams during your work placement. If you pass , you will receive exemptions from the aptitude test. After your placement, you must take the aptitude test that consists of a written and verbal section. After passing the aptitude test, you must take the oath.
2. If you can demonstrate at least seven years' relevant experience, you may be exempted from the placement. After passing the aptitude test, you must take the oath.
3. If you are a national of another Member State of the European Union - Iceland, Liechtenstein, Norway or Switzerland - the Institute will enrol you, if you can present a certificate of competence or a qualification that you  obtained in that country. The Institute may require you to take an aptitude test, if the content of your qualification differs significantly from Belgium's.

What are the conditions for holding the title?

As a certified tax advisor, you must:

• be enrolled in the Institute for Tax Advisors and Accountants' public register;
• abide by a specific code of ethics (independence, integrity, objectivity, care, confidentiality and professionalism);
• have professional liability insurance;
• pay an annual contribution to the Institute;
• undertake training every year (continuing professional development).

Continuing professional development

In order to maintain your professional knowledge, competence and ethics, you must keep abreast of changes in legislation and the techniques and rules that are important for the exercise of your profession. You can do so by undertaking training that is accredited by the Institute for Tax Advisors and Accountants. The Institute establishes the content and the minimum number of hours for continuing professional development in its continuing professional development standard, which can be found on the Institute's website.

Duty to be insured

As a certified tax advisor, you must have your civil professional liability insured with an insurance contract, which the Institute must approve.

Do you want to hold the title as a legal person?

If you want  to hold the title as a legal person, this must meet the conditions for practising the profession. The legal person must meet the following conditions:

1. it was established with legal personality in Belgian law or in the law of another Member State;
2. its purpose and activities are limited to the professional activities or to practising professional activities that are compatible with these;
3. it only has an interest in other companies or legal persons whose social aims and activities are not incompatible with practising the professional activities of a chartered  accountant;
4. the majority of the voting rights at the Annual General Meeting are held by professional practitioners;
5. a majority of the members of the governing body consists of professional practitioners.

The legal person must be enrolled in the Institute's public register.

Enrolling in the public register

Enrolling as a natural person

The Institute will enrol you in the public register once you:

• have passed the aptitude test for a certified tax advisor;
• have taken the oath.

Enrolling as a legal person

The Institute will enrol a legal person in the public register, if it meets the conditions (see above).

Lodging an appeal against refusal

If the Council of the Institute refuses to enrol you, you may appeal against the verdict. You must lodge this appeal with the appeals commission. You must do so within thirty days from the notification of the refusal decision.

Annual contribution

If you are enrolled as a certified tax advisor in the public register, you must pay an annual contribution. The Institute determines the amount of this contribution every year.

Sanctions

In deontological terms

If you are enrolled as a certified tax advisor with the Institute for Tax Advisors and Accountants, you must observe the deontological rules.

If the Institute identifies any infringements of the legal, regulatory or normative framework, the disciplinary authorities may impose one or more of the following sanctions upon you, if you hold the title of certified tax advisor:

1. warning;
2. reprimand;
3. fine;
4. ban on accepting or proceeding with certain assignments;
5. suspension for a maximum of 2 years;
6. being struck off.

In criminal terms

Holding the title of certified tax advisor unlawfully is a criminal offence that may be punished with one or more correctional penalties.