Estate Planning with Gifts

For Belgians, gifts have always been a favourite way of planning their estate. What you do not have anymore cannot attract inheritance tax.

In Belgium, one way of planning one’s estate is to make gifts during one’s lifetime.

If gift tax is paid, no further inheritance tax will be due.

Gift tax is due on all gifts before a notary.

However, it is not obligatory to make gifts of movables before a notary. Hand-to-hand gifts and bank gifts are valid and exempt of gift tax. Nonetheless, the donor has to live for another three years (and now five years in Wallonia) after the gift, if not, the gift is liable to inheritance tax.

Giving is final, there is no way back, or is there?

We will look at some clever ways of giving, with conditions, with reservation of usufruit, gifts in cascade, …

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