Constitutional Court gives foreign (inheritance) tax credit

Banco de Espana

In a decision of 3 June 2021, the Constitutional Court ordered a major change of the Belgian inheritance tax code, or rather the three regional inheritance tax codes. The Court ruled that the inheritance tax legislation in all three regions, is discriminatory, where it grants a credit for overseas inheritance tax on foreign real property, but not for overseas inheritance tax levied on movable assets …

Flanders ends Dual Bequest Route

Yesterday the Flemish parliament introduced a tax break for “bequests to friends” and for bequests to charities. These are just the sweeteners to close the dual bequest route. The route is closed to people living in Flanders, people living in Brussels or Wallonia can still use the dual bequest. Dual bequests A dual bequest allows the testator to engage in philanthropy while reducing the inheritance …

Webinar ‘Expat Financial Affairs’, Q&A

On 10 December, we made two presentations on wills and estate planning at the annual Expat Financial Affairs event of the British Chamber. Here are some of the questions and our answers. Real estate acquired before marriage is personal or communal property? Under the Belgian default matrimonial property rules, spouses have community property from the day they get married.  Everything spouses acquire during their marriage is community …

Upcoming webinars

we organise regular – free – webinars on various issues related to taxes and estate planning
– The new Tax on Securities Accounts – 7 January 2021
– The Art of the Gift – 28 January 2021
– The Art of writing a Will – 25 February 2021

Expat Financial Affairs 2020

We will be making two presentations on wills and estate planning at the annual Expat Financial Affairs event of the British Chamber.
The first is for ‘pre empty nesters’
The second presentation is for youthful retirees.

Webinar ‘Expat Estate Planning’: the Questions

On 26 November, we participated in a webinar on estate planning for expatriates. This is always an interesting event to hear the questions expatriates have.
These are their questions with our answers.

Golden Years in Belgium

Golden years

The King Baudouin Foundation and the Federation of Notaries have published a brochure “Golden years in Belgium. An expat guide to life after retirement.” This brochure gives tips on how to spend your retirement years in Belgium, on everything from meeting people to health care and welfare. It takes you through pension and inheritance rights and tells you how to get or keep in touch …

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Wallonia reduces gift tax

In the wake of the tax reform in December 2017, the Walloon government is proposing to reduce the gift tax of houses and apartments and to simplify the calculation of the tax. Wallonia follows Flanders and Brussels. The gift tax is calculated depending on the relationship between the donor and the donee and the value of the gift. In direct line (between parents and children) …

Flanders reduces inheritance tax

In Belgium, gift tax and inheritance tax are regional taxes. That has not always been the case, some twenty-five years ago, the gift tax and the inheritance tax were a matter for the federal parliament. The Flemish, Brussels and the Walloon parliaments have gradually changed the rules, starting with small changes to the inheritance tax rates to some more fundamental rules. Flanders took the lead …

New tax rules in Wallonia in 2018

On 13 December 2017, the Walloon Parliament has modified certain tax rules regarding inheritances and donations as well as the purchase of a building. In respect of inheritance tax, the surviving spouse or civil partner will be entitled to total exemption for the family home.  Until 2017, this exemption was limited to € 160,000.  Wallonia is thus on the same footing as Brussels and Flanders. …