What happens when spouses die at the same time or shortly after each other? Do they inherit from each other? And what about inheritance tax, is it due twice? This is not only an issue for spouses but also for other family members who stand to inherit from each other like parents and children, or siblings. Simultaneous death We speak about simultaneous death when two …
Life Insurance Gifts and Joint Life Second Death.
On 1 January 2022, Wallonia aligned its inheritance tax rules relating to life insurance on those of the Flanders. The Brussels Region has just amended its legislation along the same lines. The rules are now aligned in the three regions. Among the new tax measures introduced by the Brussels-Capital Region, we would like to highlight the following: Gift of an insurance policy When a person …
The Unsung Charms of the Split Purchase
The split purchase of a property is a popular estate planning technique, but it comes with some risks. It is so popular that the taxman is watching them carefully What is the problem? The split purchase of a house or apartment is the purchase by one person of the bare ownership and the purchase by another of the usufruct of a property. Examples are : …
Belgian Real Property in a Trust
In a recent decision nr SP 22004 dated 20 June 2022, the Flemish Tax Authorities (in short “Vlabel” for Vlaamse Belastingdienst”) have clarified the taxes due upon the transfer of a Belgian property to a trust and the subsequent transfer of the property to the beneficiary. The decision related to the plan of a non-resident to transfer a Belgian property to a US living trust where the …
The taxman, a sore loser
When the taxpayer and the taxman do not agree on the interpretation of the tax law, they often end up in court. When the taxpayer wins, the taxman generally – usually – appeals as a matter of principle. When the court of appeal confirms the first decision, the taxman can submit the second decision to the Supreme Court, the Cour de Cassation. He often does …
Taxes and Bitcoin
We cannot ignore them anymore. Cryptocurrencies – the tokens based on blockchain technology – are now commonplace, with all the media attention and the reports of large gains, or losses. How are crypto gains taxed? Crypto gains come mostly from trading in coins (or derivatives), staking, lending, mining, but in practice earning models are much wider There is no clear legal framework to determine how …
Taxes in Corona Times
Covid-19 has changed certain rules and habits. You can get help to complete your tax return but only over the phone and the tax authorities are banking on that. Exceptionally, you can make an appointment at their offices for help. It is only if they cannot help you over the phone that they will meet you in person (see Help!?). You may have been forced …
Remuneration and Physical Presence in the Double Tax Treaties
When is an employment exercised in the other State within the meaning of article 15 § 1 of the OECD Model Tax Convention? The question is important because the Work State can then tax the worker’s remuneration and Belgium, where he lives , must exempt the remuneration. A recent decision of the Ghent Court of Appeal of 8 March 2022 clarified the issue in respect …
Tax Return: Appeal the Tax Bill
How and where you do that is explained on page 2 of your tax bill. You have to send a letter to the address in the middle of the page within six months after you receive the tax bill. That means the letter must arrive with the tax authorities within six months plus three working days from the date the tax assessment was sent out. …
Tax Return : The Tax Bill
Now that you have filed your tax return, all that you can do is wait for the taxman to send you the tax assessment or tax bill. The “avertissement extrait de role”/”aanslagbiljet” is really the tax bill for your 2021 income. If you have not seen one before, you can click here to see one. If the tax bill is not sent before 30 June …