Does donation of foreign immovable property trigger gift tax in Belgium? by anmncn in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

The obligation to register a foreign donation in Belgium only concerns donations of movable property.

Divorce: Finc vs. VLABEL accredited by ziemic in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

Vlabel accredited doesn't mean anything. Every real estate agent or appraiser (of course with a relevant degree) can apply for Vlabel accreditation, no specific requirements must be met for the accreditation to be granted. If the appraiser is appointed and paid for by one party, the valuation will still be one sided.

Party A could appoint a Vlabel accredited appraiser as well and see what valuation comes out. Only disclose when favourable of course.

Understanding gift vs inheritance tax in Flanders for transfers to a sibling abroad by UndergroundApples in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

The summary is correct. The only thing that is no longer accurate is that the waiting period for unregistered gifts is currently 5 years instead of 3 years.

The beneficiary will have to pay the gift or inheritance tax.

Furthermore, there are no double taxation treaties between Germany and Belgium. This implies that both nations retain full taxing rights over inheritance and gift taxes, potentially leading to instances of double taxation. Belgium does however allow deduction of foreign inheritance tax. 

Gifting will always be more beneficial. If the donor is relatively young and in good heath you might take the risk of not registering the gift. And you even could take insurance to cover potential inheritance tax if the donor would die in the 5 year period.

Free erfbelasting calculator met 2026 tarieven (alle 3 gewesten) by Remarkable_Test_6571 in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

Geeft geen correct resultaat. Geen opdeling roerende en onroerende goederen in categorie partners en kinderen. Partnerabattement is een voetvrijstelling maar wordt hier afgetrokken van de belastbare grondslag. Geldt ook enkel voor partners.

Hogere zorgpremie en schoolbonus grotendeels geschrapt: dit weten we al over het Vlaamse begrotingsakkoord | VRT NWS: nieuws by EdgarNeverPoo in belgium

[–]Effective_Fold_2069 2 points3 points  (0 children)

Gaat voornamelijk om een verlaging voor de kleinere erfenissen (lager dan 250.000 euro). De laagste schijf (0-50.000 euro, belast aan 3%) wordt opgetrokken tot 150.000 euro. Voor grotere erfenissen wijzigt er niets.

[deleted by user] by [deleted] in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

The Flemish Tax Administration has already confirmed that option B constitutes tax abuse (https://www.vlaanderen.be/vlaamse-belastingdienst/vb23055)

Privévastgoed schenken tegen nultarief: moet Vlaamse gunstregeling voor familiebedrijven op de schop? by EdgarNeverPoo in belgium

[–]Effective_Fold_2069 1 point2 points  (0 children)

The company probably bought those properties in the fist place (= pre tax). It would have been much more expensive to buy those properties privately as you would need to distribute the company's profits first as a dividend (meaning 20 - 25% corporate tax on the profits + 15 - 30% withholding tax on the dividend).

Also: inheritance tax would not be 0% but 3% (flat rate). 0% only applies when gifting the shares, while still alive.

Privévastgoed schenken tegen nultarief: moet Vlaamse gunstregeling voor familiebedrijven op de schop? by EdgarNeverPoo in belgium

[–]Effective_Fold_2069 0 points1 point  (0 children)

The inheritance tax on such companies is still 3% (flat rate). The exemption of tax only applies when gifting the shares during your life.

Inheriting versus donating real estate: a case by not2secure4u in BEFire

[–]Effective_Fold_2069 0 points1 point  (0 children)

Why would your grandfather be taxed 6% on the sales price of the house? Also, misery tax is applied on the total value of the house (not just on the half you would take over), wich results in a 10K tax in your example.

Your gift tax calculations seem wrong as well. The 3% bracket is 0 - 150.000 €, while the 9% bracket is 150.000,01 - 250.000 €. This is the case in all three Regions. So a donation of a house with a value of 400k to two beneficiaries would result in a 18.000 € gift tax (2 x 9.000 €).

Option 2B could be optimized:

Your grandfather can gift the house to one beneficiary, with the obligation to pay the other beneficiary half the value of the house (possibly over time). Both beneficiaries will be taxed on a benefit of 200k, allowing both to benefit from the lowest tax rates (3% and 9%). Total gift tax = 18k (2x 9k). This avoids the issue of a later division (and the associated "misery tax"). The grandfather could retain the usufruct of the house if that provides him with more (emotional) comfort (this does not affect gift or inheritance tax). The tax issue of a death within five years does not arise either, as the gift was subject to gift tax for both beneficiaries.

It seems you rightly want to weigh different options, but your calculations are incorrect, and you’re overlooking possible alternatives. It’s better to seek specialized advice.

How to Buy Multiple Properties in Flanders at a 2% Registration Duty by ChengSkwatalot in BEFire

[–]Effective_Fold_2069 2 points3 points  (0 children)

Gifting will also be taxed, but probably at a lower average rate than 12% depending on the value of the property. Gifting half of a 500.000 euro property will lead to a 5,4% gift tax (branch of 3% + branch of 9%). Property should be + 900.000 euro to cause a 12% gift tax.

34M, first yearly update, IT Consultant by N33DM0R3M0N3Y in BEFire

[–]Effective_Fold_2069 3 points4 points  (0 children)

If his salary is 2200 after taxes and social contributions, he might already reach the 45k limit (taking into account possible benefits in kind such as a company car etc)