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Donations<\/strong>
\nGifts today allow you to transfer some of your assets. The great advantage of this is that your family avoids a high inheritance tax. In addition, you can assist them at times when they need a financial support, such as when buying a home.<\/p>\n<\/div><\/li><\/i><\/span>\n
Will<\/strong>
\nIn a will, you determine how your assets will be distributed after death. Keep in mind that the tax cost is a lot higher than for gifts.<\/p>\n<\/div><\/li><\/i><\/span>\n
Family succession of a business<\/strong>
\nTransferring a business to the next generation requires preparation. It is important to involve your successors timely and to set up a clear structure. Under certain conditions, use a gift tax exemption may be applicable.<\/p>\n<\/div><\/li><\/ul><\/div><\/div><\/div><\/div>How can we support you?<\/h2><\/div><\/div><\/div>Donation advice and guidance<\/h3><\/div>We ensure that you comply with all tax filing requirements and tax formalities. If necessary, we work with your designated notary for this purpose. In addition, we proactively advise on changes in the law that impact existing donations.<\/p>\n<\/div><\/div><\/div>
Transfer of family company<\/h3><\/div>In cooperation with our Corporate Finance department, we guide the complete transfer of your family company. We advise you through the entire process and analyze where tax optimizations are possible. <\/span><\/p>\n<\/div><\/div><\/div>Legal support<\/h3><\/div>In collaboration with our Legal department, we assist with the drafting of private deeds (bank donation, wills, company formation, etc.). For the execution of notarized deeds, we work with the notary appointed by you (marriage contract, donation, will, deed of incorporation, control structure\u2026).<\/p>\n<\/div><\/div><\/div>
Declaration of estate<\/h3><\/div>In the event of a death, we assist heirs and notaries in preparing and filing the declaration of state. We also look at possible tax optimizations.<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>
What taxes apply to donations?<\/h2><\/div>When donating movable and immovable property, the rate is determined by: <\/span><\/p>\n\n- the region where the donor lives at the time of the gift<\/li>\n
- the relationship between the donor and the recipient<\/li>\n
- the value of the gift<\/li>\n
- the manner in which the gift is made<\/li>\n<\/ul>\n<\/div>
Example<\/h3><\/div>Take the example of a Flemish couple who want to gift their apartment worth \u20ac300,000 to their daughter. They have to take into account the progressive rates of gift tax in the direct line (parent-child, grandchild,…) The rates for a real estate gift in the direct line are as follows:<\/p>\n<\/div>
- <\/i><\/span>
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First \u20ac150,000: 3%<\/p>\n<\/div><\/li>
- <\/i><\/span>
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150.000 – 250.000: 9%<\/span><\/p>\n<\/div><\/li>- <\/i><\/span>
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250.000 – 450.000: 18%<\/span><\/p>\n<\/div><\/li>- <\/i><\/span>
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From 450,000: 27%<\/span><\/p>\n<\/div><\/li><\/ul>This couple can therefore donate their apartment at 3%. This by a gift from the father to his daughter of EUR 150,000 and a gift from the mother to her daughter of EUR 150,000.<\/p>\n<\/div><\/div><\/div>
Overview of gift tax rates in Belgium<\/h3><\/div>\n\n
\n\n\n| <\/th>\n | Flanders<\/th>\n | Brussels<\/th>\n | Wallonia (*)<\/th>\n<\/tr>\n<\/thead>\n |
\n\n| Movable property (straight line kinship)<\/td>\n | 3%<\/td>\n | 3%<\/td>\n | 3,3%<\/td>\n<\/tr>\n |
\n| Movable property (other)<\/td>\n | 7%<\/td>\n | 7%<\/td>\n | 5,5% – 7,7%<\/td>\n<\/tr>\n |
\n| Real estate (straight line kinship)<\/td>\n | 3% – 27%<\/td>\n | 3% – 30%<\/td>\n | 3% – 30%<\/td>\n<\/tr>\n |
\n| Real estate (unrelated)<\/td>\n | 10% – 40%<\/td>\n | 10% – 40%<\/td>\n | 10% – 40%<\/td>\n<\/tr>\n |
\n| Exemption on hand gift<\/td>\n | Yes, after 5 years<\/td>\n | Yes, after 5 years<\/td>\n | Yes, after 5 years<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n(*) rates valid until 31\/12\/2027, from 01\/01\/2028 lower rates apply<\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div>![\"vermogensoverdracht-schenkingen-aandachtspunten\"](\"data:image\/svg+xml,%3Csvg%20xmlns%3D%27http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg%27%20width%3D%272048%27%20height%3D%272048%27%20viewBox%3D%270%200%202048%202048%27%3E%3Crect%20width%3D%272048%27%20height%3D%272048%27%20fill-opacity%3D%220%22%2F%3E%3C%2Fsvg%3E\") <\/div><\/div> What are points of interest in donations?<\/h2><\/div>Gifts are an effective tool for transferring wealth, but they also bring some concerns.<\/span><\/p>\n<\/div>- <\/i><\/span>
\n Parents often want to benefit their children equally and fairly. In practice, this is not always easy. Gifts sometimes occur at different times or in a variety of forms (for example, cash, real estate, stocks or other valuable assets). <\/span><\/p>\n<\/div><\/li>- <\/i><\/span>
\n In addition, it is crucial to attach clear conditions to a gift. For example, you want to prevent a child-in-law from becoming a shareholder in the family business after the death of your child <\/span><\/p>\n<\/div><\/li><\/ul>Our team advises you on gifts based on your personal situation.<\/p>\n<\/div>
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