ESTATE - KEY FIGU- RES in Belgian - TAX & - Tiberghien
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KEY
FIGU-
RES
in Belgian
ESTATE
&
INCOME
TAX
2021
Alain Van Geel,
Griet Vanden Abeele,
Emilie Van Goidsenhoven
& Olivia Herbert
Advocaten / Avocats / Lawyers
Gift taxes
FLANDERS REGION BRUSSELS-CAPITAL REGION WALLOON REGION
:: :: ::
Rates under the ordinary regime – Gifts of immovable property Rates under the ordinary regime – Gifts of immovable property Rates under the ordinary regime – Gifts of immovable property
RATES APPLICABLE TO GIFTS RATES APPLICABLE RATES APPLICABLE TO RATES APPLICABLE TO GIFTS
TO DIRECT DESCENDANTS* TO GIFTS TO OTHER GIFTS TO DIRECT RATES APPLICABLE TO DIRECT DESCENDANTS*, RATES APPLICABLE
BAND AND PARTNERS** PERSONS DESCENDANTS*, TO GIFTS TO OTHER SPOUSES AND STATUTORY BETWEEN OTHER
€ 0.01 – € 150,000 3% 10% BAND SPOUSES & COHABITANTS** PERSONS BAND COHABITANTS** PERSONS
€ 150,000.01 – € 250,000 9% 20% € 0.01 € – € 150,000 3% 10% € 0.01 – € 150,000 3% 10%
€ 250,000.01 – € 450,000 18% 30% € 150,000.01 – € 250,000 9% 20% € 150,000.01 – € 250,000 9% 20%
In excess of € 450,000 27% 40% € 250,000.01 – € 450,000 18% 30% € 250,000.01 – € 450,000 18% 30%
In excess of € 450,000 27% 40% In excess of € 450,000 27% 40%
Application of the progressivity mechanism Application of the progressivity mechanism
Application of the progressivity mechanism
To determine the applicable rate to a gift of immovable property, the taxable To determine the applicable rate to a gift of immovable property, the taxable
amount related to such a gift is added to the sum that has served as the basis for amount related to such a gift is added to the sum having served as the basis for To determine the applicable rate to a gift of immovable property, the taxable
assessing taxes on previous gifts of immovable property between the same parties assessing taxes on previous gifts of immovable property between the same parties amount related to such a gift is added to the sum having served as the basis for
(if this sum has been recorded by documents executed over the period of three (if this sum has been recorded by documents that were executed over the period of assessing taxes on previous gifts of immovable property between the same parties
years preceding the date of the new gift). three years preceding the date of the new gift and that were registered or became (if this sum has been recorded by documents that were executed over the period of
subject to mandatory registration before the new gift). three years preceding the date of the new gift and that were registered or became
subject to mandatory registration before the new gift).
Main exemptions / reductions Main exemptions / reductions
Gifts of movable - 3%: gifts to direct descendants* and partners**. Gifts of movable - 3%: gifts to direct descendants*, spouses and Main exemptions / reductions
property*** - 7%: gifts to any other person. property*** cohabitants**.
- 7%: gifts to any other persons. Gifts of movable - 3.3%: gifts to direct descendants*, spouses and
Reduced rates - 5.5% for gifts (including contributions without property*** statutory cohabitants**.
consideration) made to, amongst others, the Reduced rates - 6.6% for gifts made to, amongst others, the - 5.5%: gifts to any other persons.
Regions, the Communities, the provinces and municipalities within the Brussels-Capital Region,
municipalities of the Flanders Region, approved housing corporations approved by the Société Reduced rates - 0% for gifts made to, amongst others, the Regions,
housing corporations, (international) non-profit du Logement de la Région de Bruxelles-Capitale, the Communities, the Federal State or a member
organisations, private foundations, foundations inter-municipal organisations of the Brussels- state of the European Economic Area;
of public interest and analogous European legal Capital Region, foundations of public interest and - 5.5% for gifts made to, amongst others, the
entities. analogous European legal entities. provinces, municipalities, publicly owned entities
- Other reduced rates apply to gifts of: - 7% for gifts made to, amongst others, of the provinces and municipalities, corporations
• plots of land in the Flanders Region (international) non-profit organisations, private approved by the Société Wallonne du Logement
zoned for the construction of residential foundations. and analogous European legal entities.
accommodation; - 7% for gifts made to, amongst others,
• immovable property requiring an energy Family businesses Gifts of assets allocated by the donor or his or (international) non-profit organisations, private
efficiency upgrade; and her partner**** to a family business and shares in foundations, foundations of public interest.
• protected monuments subject to an a family company are exempt from the gift tax
investment obligation. (subject to certain conditions). Family business Gifts of assets allocated by the donor, alone or with
other people, to a family business and shares in a
Family businesses Gifts of assets allocated by the donor or his or Agreement as to succession Exemption of the donations stated in an agreement family company are subject to the reduced gift tax
her partner** to a family business and shares in as to succession provided that the parties declare rate of 0% (subject to certain conditions).
a family company are exempt from the gift tax in the notarial deed that the donation was made
(subject to certain conditions). before the date of this agreement. Other exemptions - Exemption for woodland and forests in the
Walloon Region and forestry groups for which the
Other exemptions 75% or 100% exemption for gifts of unconstructed gift tax is deemed to be payable in the Walloon
immovable property for which an environmental * The following persons are assimilated to direct descendants: Region.
management plan has been approved. - full adoptees, - Exemption for immovable property located within
- simple adoptees (provided, amongst other things, that the adoptive child is the child a Natura 2000 site.
Generation skipping Exemption for gifts made by the beneficiary of an of the spouse of the adoptor or the adoptive child has, before reaching the age of 21, - Exemption for unbuilt immovable properties
estate to his or her own descendants as long as: the received from the adoptor and his or her spouse jointly or from the adoptor and the located in the Walloon Region on which a long-
gift comprises the inherited property, the inheritance person with whom the adoptor had been cohabiting for six uninterrupted years the care term agricultural lease or a quarry lease is
tax was paid on the property in the Flanders Region and support normally received by children from their parents. established, under certain conditions (applicable
at the direct descendants and partners rate, and the ** Cohabitant: a person who finds himself or herself in a statutory cohabitation situation to gifts made as of 1 January 2021).
gift is made within one year of the testator’s death. within the meaning of Title Vbis of Book III of the Belgian Civil Code. * The following persons are assimilated to direct descendants:
The amount of the exemption may never exceed the *** Since 15 December 2020, gifts of movable property made by a donor-Belgian resident Restitution Restitution of the gift tax levied on the gift of - the children of the spouse or statutory cohabitant of the donor;
inheritance tax paid and is limited to the basis of the before foreign notaries are also subject to compulsory registration in Belgium and thus an immovable property, amounting to 25% of - the foster children of the donor (provided, amongst other things, that the
method set out in the Flemish Tax Code. to gift tax. the expenses incurred in order to save energy in child has received the care and support normally received by children from
**** Partner: a person who, at the date of the gift, was married with the donor, as well as relation to that property, up to a maximum amount their parents principally from the donor (together with his or her spouse or
Agreement as to succession Automatic exemption for donations stated in staturoy cohabitants. of € 2,500 – provided that the donee establishes statutory cohabitant, as the case may be) for six uninterrupted years before
an agreement as to succession, provided that his or her main residence in the gifted property reaching the age of 21);
the parties confirm in the notarial deed that within the year following the donation, that he or - full adoptees;
the donation was made before the date of this she maintains his or her main residence there for - simple adoptees (provided, amongst other things, that the adoptive child is
agreement and provided that they do not explicitly 3 consecutive years, and that the energy-saving the child of the spouse or statutory cohabitant of the adoptor; or the adoptive
request the application of the gift tax. works are carried out within 3 years following the child has received the care and support normally received by children from
donation. their parents principally from the adoptor (together with his or her spouse or
* The following persons are assimilated to direct descendants: statutory cohabitant, as the case may be) for six uninterrupted years before
- the children of the partner of the donor; Agreement as to succession Exemption of the donations stated in an agreement reaching the age of 21).
- the foster children of the donor (provided, amongst other things, that any such child as to succession provided that (in the agreement ** Statutory cohabitant: a person who on the date of the gift was domiciled with
has lived with the donor for three consecutive years before reaching the age of 21 and or in an attachment) the parties request the the donor and was in a statutory cohabitation relationship with the donor.
has received the care and support normally received by children from their parents, application of this exemption and declare that *** Since 15 December 2020, gifts of movable property made by a donor-Belgian
mainly from him/her or from the donor and his or her partner); the donation was made before the date of this resident before foreign notaries are also subject to compulsory registration in
- full adoptees; agreement. Belgium and thus to gift tax.
- simple adoptees (provided, amongst other things, that the adoptive child is the child
of the adopter’s partner; or that the adoptive child has received the care and support
normally received by children from their parents mainly from the adoptor or from the
adoptor and his/her partner for three consecutive years before reaching the age of 21);
- ex-partners if there are common children.
** Partner = spouses, statutory cohabitants and persons who – on the date of the gift – have
lived together uninterruptedly for at least one year (or three years in the framework of
the application of the regime for the transfer of family businesses) and maintained a
shared household.
*** Since 15 December 2020, gifts of movable property made by a donor-Belgian resident
before foreign notaries are also subject to compulsory registration in Belgium and thus
to gift tax.
2 3
Inheritance tax
FLANDERS REGION BRUSSELS-CAPITAL REGION WALLOON REGION
:: :: ::
Rates under the ordinary regime applicable to movable and immovable property Rates under the ordinary regime applicable to movable property and immovable property Rates under the ordinary regime applicable to movable property and immovable property
BEQUESTS TO DIRECT BEQUESTS TO DIRECT DESCENDANTS* BEQUESTS TO DIRECT DESCENDANTS*
DESCENDANTS* AND BEQUESTS TO ANY AND PARTNERS** BEQUESTS TO A SIBLING AND BETWEEN PARTNERS** BEQUESTS TO SIBLINGS COMPENSATORY TAX FOR INHERITANCE TAX
PARTNERS** BEQUESTS TO A SIBLING OTHER PERSON € 0.01 – € 50,000 3% € 0.01 – € 12,500 20% € 0.01 – € 12,500 3% € 0.01 – € 12,500 20% Brussels-Capital Region, Walloon Region and
€ 0.01 – € 50,000 3% € 0.01 – € 35,000 25% € 0.01 – € 35,000 25% € 50,000.01 – € 100,000 8% € 12,500.01 – € 25,000 25% € 12,500.01 – € 25,000 4% Flanders Region
€ 50,000.01 – € 250,000 9% € 35,000.01 – € 75,000 30% € 35,000.01 – € 75,000 45% € 100,000.01 – € 175,000 9% € 25,000.01 – € 50,000 30% € 25,000.01 – € 50,000 5% € 12,500.01 – € 25,000 25%
In excess of € 250,000 27% In excess of € 75,000 55% In excess of € 75,000 55% € 175,000.01 – € 250,000 18% € 50,000.01 – € 100,000 40% € 50,000.01 – € 100,000 7%
Application of ratesº Application of ratesºº Application of ratesººº € 250,000.01 – € 500,000 24% € 100,000.01 – € 175,000 55% € 100,000.01 – € 150,000 10% € 25,000.01 – € 75,000 35% The “estate tax” or “compensatory tax for inheritance
In excess of € 500,000 30% € 175,000.01 – € 250,000 60% € 150,000.01 – € 200,000 14% tax” is the annual tax of 0.17% payable on all the
Application of the progressivity mechanism In excess of €250,000 65% € 200,000.01 – € 250,000 18% € 75,000.01 – € 175,000 50% assets of (international) non-profit organisations and
Application of ratesºº Application of ratesºº € 250,000.01 – € 500,000 24% private foundations (to the extent that the value of such
If a donation of immovable property was made within three years preceding In excess of € 500,000 30% In excess of € 175,000 65% assets exceeds € 25,000). Assets comprised of foreign
the death of the deceased, then the taxable amount for the purposes of gift BEQUESTS BY UNCLES OR AUNTS immovable property are not subject to such tax.
tax related to such a gift is added to the inheritance of the deceased for the TO NEPHEWS OR NIECES BEQUESTS TO ANY OTHER PERSON BEQUESTS BY UNCLES OR AUNTS TO NEPHEWS OR NIECES BEQUESTS TO ANY OTHER PERSON
calculation of the inheritance tax. € 0.01 – € 50,000 35% € 0.01 – € 50,000 40% € 0.01 – € 12,500 25% € 0.01 – € 12,500 30%
€ 50,000.01 – € 100,000 50% € 50,000.01 – € 75,000 55% € 12,500.01 – € 25,000 30% € 12,500.01 – € 25,000 35%
Main exemptions / reductions € 100,000.01 – € 175,000 60% € 75,000.01 – € 175,000 65% € 25,000.01 – € 75,000 40% € 25,000.01 – € 75,000 60%
In excess of € 175,000 70% In excess of € 175,000 80% € 75,000.01 – € 175,000 55% In excess of € 75,000 80%
Exemption for the first Partners** (excluding “partners” who are Application of ratesººº Application of ratesººº In excess of € 175,000 70%
€ 50,000 (movable property) descendants in the direct line) benefit from an Application of all ratesºº
exemption for the first band corresponding to Main exemptions / reductions
€ 50,000 in the case of movable property. NOTE: Application of the rates in the 3 regions
Exemption for Applicable to the inheritance of an heir who is a direct descendant
Special rebate - For heirs who are direct descendants or a the first € 15,000 legally entitled to inherit or a partner. ° These rates are applied to the net acquisition of immovable property on the one hand and to the net acquisition of movable
partner: as long as the net value of the total property on the other hand by each acquirer.
movable and immovable property received does Family home / - A partner’s net share in the residence that has served as the family °° These rates are applied to the value of the net assets acquired by each one of the beneficiaries.
not exceed € 50,000. Main residence home of the deceased and his or her partner on the date of death °°° These rates are applied to the aggregated value of the total assets acquired by all the beneficiaries comprising the group.
- For siblings / others: as long as the acquired net is exempt from inheritance tax. This exemption does not apply
assets do not exceed € 75,000. where a partner who was a statutory cohabitant and receives a Application of the progressivity mechanism
share in the family home is a relative in the direct line (or may be
Family home – Exemption Full exemption from inheritance tax for the assimilated to a relative in the direct line) or a brother or sister, If a donation of immovable property is made within three years preceding the death of the deceased, then the taxable amount for the purposes of gift tax related to
share of the family home inherited by the nephew or niece or uncle or aunt of the deceased. such a gift is added to the inheritance of the deceased for the calculation of the inheritance tax.
surviving spouse or statutory cohabitant. - Main residence: the inheritance tax applying to the net value of the
A de facto cohabitant may also benefit from the share received by a statutory cohabitant (who is not entitled to the Main exemption / reductions
family home exemption, as long as on the date exemption) or by an heir in the direct line in the property (where
of death he or she had been cohabiting with the the deceased had his or her main residence for at least five years Exemption for the first Applicable to the inheritance of an heir who is a direct descendant* and legally entitled to inherit or a spouse or statutory
deceased for at least three years uninterruptedly on the date of his or her death) is calculated as follows: € 12,500 cohabitant**.
and they had lived in a shared household. • on the first band of € 50,000: 2%;
• on the band from € 50,000.01 to € 100,000: 5.3%; Family home / - The net share of a spouse or statutory cohabitant beneficiary in the residence that has served as the main residence of the deceased
Reduced rate 8.5%: This applies to bequests made to, amongst • on the band from € 100,000.01 to € 175,000: 6%; Main residence and his or her spouse or statutory cohabitant for at least five years prior to the date of death is exempt from inheritance tax.
others, the Regions, the Communities, the • on the band from € 175,000.01 to € 250,000: 12%. - Where the estate of the deceased comprises at least a share of full ownership of the immovable property where the deceased had his
provinces and municipalities of the Flanders or her main residence for at least five years prior to the date of death and where such immovable property, having been used in whole
Region, approved Flemish housing corporations, Full exemption This applies to bequests made to, amongst others, the Regions, the or in part for residential purposes and being located in the Walloon Region, is received by an heir, legatee or donee who is a direct
(international) non-profit organisations, private from the tax for Communities, the Brussels urban Agglomeration, a member state of descendant, the inheritance tax applicable to the net value of his or her share in such a residence is calculated as follows:
foundations, foundations of public interest and certain bequests the European Economic Area or assimilated legal persons governed • on the first band of € 25,000: 1%;
analogous European legal entities. by public law, and public institutions of the aforementioned entities. • on the band from € 25,000.01 to € 50,000: 2%;
• on the band from € 50,000.01 to € 160,000: 5%;
Family business – - 3%: bequests to direct descendants* and Reduced rates - 7% for bequests to the municipalities of the Brussels-Capital • on the band from € 160,000.01 to € 175,000: 5%;
Reduced rates partners (spouses, statutory cohabitants or de Region and their publicly owned entities, the housing fund of the • on the band from € 175,000.01 to € 250,000: 12%;
(subject to certain conditions) facto cohabitants for an uninterrupted period Brussels-Capital Region, cooperative corporations with limited • on the band from € 250,000.01 to € 500,000: 24%;
exceeding three years). liability, intermunicipalities of the Brussels-Capital Region, • in excess of € 500,000: 30%.
- 7%: bequests to other persons. foundations of public interest, non-profit organisations and other
non-profit legal entities having received Federal approval (on the Full exemption from This applies to bequests made to, amongst others, the Regions, the Communities, the Federal State, a member state of the
Other main rebates - Rebate for handicapped legatees. date of the decease or within the following year). the tax European Economic Area or one of its institutions and any entity created by one of such institutions.
and reductions - Reduction for a legatee who is the child of the - 25% for bequests to, amongst other things, the sickness funds
deceased and younger than 21. or the national associations of sickness funds, professional Reduced rates - 5.5% for bequests to, amongst others, the provinces, municipalities, publicly owned entities of the provinces and municipalities, inter-
- 50% reduction in the event of another transfer associations, (international) non-profit organisations and private municipal organisations and autonomous municipal undertakings located in Belgium and to analogous entities created in accordance
due to a further death within one year of the foundations. with and subject to the legislation of another member state of the European Economic Area;
original death. - 7% for bequests made to (international) non-profit organisations, mutual undertakings or national associations of mutual
- Exemption for unconstructed immovable Family businesses - 3%: bequests to direct descendants and partners. undertakings, professional unions and private foundations and foundations of public interest.
property within the Flemish Ecological – Reduced rates - 7%: bequests to other persons.
Network and for woodland in Flanders. Subject to certain conditions. Family businesses – 0%.
Reduced rate Subject to certain conditions.
* The following persons are assimilated to direct descendants: see the table in the “Gift Other main - Reduction for a legatee who is the child of the deceased and
taxes” section. rebates and younger than 21. Other main rebates - Reduction for a legatee who is the child of the deceased and younger than 21 (subject to certain conditions).
** Partner: see the table in the “Gift taxes” section. reductions - 50% reduction in the event of another transfer due to another and reductions - 50% reduction in the event of another transfer due to a further death within one year of the original death.
Continued usufruct – subject to inheritance tax unless the surviving spouse or decease within one year following the first decease. - Exemption for immovable property located within a Natura 2000 site or a site for which an application for Natura 2000 status
statutory cohabitant partner forsaked the usufruct. has been filed and which is subject to the primary protection regime.
* For the rate applicable to direct descendants, the following persons are assimilated to - Exemption for the value of standing trees growing in woodland and forests and for the value of shares in forestry companies.
descendants of the deceased: - Exemption for unbuilt immovable properties located in the Walloon Region on which a long-term agricultural lease or a quarry
- the children of his or her partner; lease is established, under certain conditions.
- the children of a predeceased partner, if the partnership was ongoing on the date of the
partner’s death; Restitution Restitution of the inheritance tax levied on the immovable property located in the Walloon region and totally or partially intended
- a person who is not a descendent of the deceased and who, on the date of the deceased’s for housing, amounting to 25% of the expenses incurred in order to save energy in relation to that property, up to a maximum
death, has lived with the deceased for at least one year uninterruptedly and has received amount of € 2,500 – provided that the heir establishes his/her main residence in the immovable property within the year following
the care and support normally received by children from their parents principally from the the filing of the inheritance tax return, and maintains his/her main residence there for 3 consecutive years, and that the energy-
deceased and/or his/her partner; or the deceased or his/her partner and other persons; saving works are carried out within 3 years following that same date.
- full adoptees;
- simple adoptees (provided, amongst other things, that the adoptive child is the child of the * The following persons are assimilated to direct descendants: see the table in the “Gift taxes” section.
spouse of the adoptor; or that the adopted child has received the care and support normally ** Partner: a person who, on the date on which the administration of the estate begins, was married or in a statutory cohabitation situation with the deceased within the meaning of Title
received by children from their parents from the adoptor or the adoptor and his/her partner Vbis of Book III of the Belgian Civil Code, or the deceased’s ex-spouse (divorced or separated) or ex-statutory cohabitant having one or more children or descendants with the deceased.
for three uninterrupted years). Legal continued usufruct – in the absence of any legal provision in that respect: not subject to inheritance tax.
** Partner: a person who, on the date on which the administration of the estate begins, was
married or in a statutory cohabitation situation with the deceased within the meaning of Title
Vbis of Book III of the Belgian Civil Code, or the deceased’s ex-spouse (divorced or separated)
or ex-statutory cohabitant having one or more children or descendants with the deceased.
Continued usufruct – in the absence of any legal provision in that respect: not subject to
inheritance tax.
4 5Miscellaneous Taxes – / Transfer of PERSONAL INCOME TAX (PIT)
immovable property for value /
Corporate Income Tax PERSONAL INCOME TAX – “PIT”
Progressive scale based on bands – Rate for the 2022 tax assessment year (income for 2021)2
TRANSFER OF IMMOVABLE PROPERTY FOR VALUE Aggregation of professional income, income from immovable property (and income from investments
if separate taxation is less favourable and miscellaneous income than when aggregated).
FLANDERS REGION BRUSSELS-CAPITAL REGION WALLOON REGION
:: :: :: Tax band Tax rate
Sale Sale Sale 0.01 13,540.00 25%
13,540.01 23,900.00 40%
Rate 10% Rate 12.5% Rate 12.5% 23,900.01 41,360.00 45%
41,360.01 … 50%
Main reduced - 6% for first home Rebate Taxable amount reduced by Main reduced 6% or 5% (social credit) on the first
rates (subject - 5% in case of a major energy € 175,000 if purchase of a first rates (subject bracket of 150,000 € / 160,000 € (area
to certain renovation of the home within 5 years home for a price < € 500,000 to certain with real estate pressure) (to be SEPARATE TAXATION
conditions) of purchase conditions) indexed) for the acquisition of a
- 1% for the acquisition of a listed Refund Possibility to request the modest home of which the cadastral Investment income Interest, dividends and 30%.
monument as a family home refund of 36% of the paid income is ≤ 745 € (may potentially be liquidation proceeds
- Rate reduced by 50% for the acquisition registration duty in the case increased as of 3 dependent children)
of a protected monument that is not of a resale of the property Gains on shares issued 30% where more than 10% of the assets are invested directly or indirectly in debt
intended to be the buyer’s home (but within 2 years after the Rebate Taxable amount reduced by € 20,000 by a UCI securities.
mandatory reinvestment of the tax purchase. if purchase of a first home
savings) VVPR-bis dividends 15% or 20% if the conditions laid down by Art. 269, §2, paragraph 1 of the Belgian
- 7% for the acquisition of a property Refund Possibility to request the refund of Income Tax Code 1992 are satisfied, depending on whether the dividends were paid
rented out to a recognised social rental 3/5th of the paid registration duty in or allocated in the context of the distribution of profits for the third (or any later)
office for a period of at least 9 years the case of a resale of the property accounting period or second accounting period following the contribution.
within 2 years after the purchase.
Tax relief Tax relief of € 5,600 (if rate of 6%) / Dividend originating from 5% or 20%, if the company paid the separate contribution of 10% at the time of the
€ 4,800 (if rate of 5%) for a first home a liquidation reserve constitution of the liquidation reserve, depending on whether such a reserve has been
with a value < € 200,000 or € 220,000 retained for at least five years or for less than five years.
if core city.
Liquidation proceeds Not deemed to be taxable income if the company paid the separate contribution of 10%
Portability Possibility in certain cases, to set-off the originating from a at the time of the constitution of the liquidation reserve.
paid transfer duty for the acquisition of liquidation reserve
a 1st property that served as the main
residence, against the transfer duty Share capital decrease Share capital reductions result in the distribution of a taxable dividend proportional
due for the acquisition of a new main to the amount of taxed reserves incorporated into the capital, plus any other taxed
residence. In other cases, a refund of the reserves not incorporated into the share capital and exempt reserves incorporated
transfer duty may be requested. into the share capital (pro rata distribution). The portion of the share capital reduction
Apportionment Apportionment Apportionment allocated to the paid-up share capital is not taxable.
Rate 2.5 %* Rate 1% Rate 1% Miscellaneous Income or profits from the provision of services, transactions, speculative transactions or occasional services 33%
income that do not fall outside the scope of a professional activity, except for transactions relating to the normal
* Reduction of the rate to 1% where: apportionment of a property between ex-spouses post-divorce or coming into force post-divorce / apportionment of a property between management of one’s private assets concerning immovable property, portfolio securities and movable assets.
ex-statutory cohabitants within three years of the end of the statutory cohabitation and provided that such persons had been legally cohabiting for an uninterrupted period
of at least one year on the date on which the statutory cohabitation has come to an end. Maintenance allowances duly paid to the taxpayer by a person who is not a member of his or her household Aggregation
for discharging a civil law obligation. Taxable basis limited to 80% of the maintenance allowance.
Capital gains on transfers for value of unconstructed immovable property or rights in rem (other than rights 33% if alienated
TAX ON STOCK EXCHANGE TRANSACTIONS – “TOSET” of superficies or rights of emphyteusis or similar rights) in immovable property located in Belgium, as long as within 5 years of the
such immovable property: acquisition
Relevant Transfers and acquisitions for value and buy-backs of accumulation-class shares by an investment company where its transactions - was acquired for value and is alienated within eight years of the date of the notarised deed of purchase;
transactions involving Belgian or non-Belgian public funds are entered into or executed in Belgium. - was acquired by way of a gift and is alienated within three years of the date of the gift and within eight years 16.5% if alienated
of its acquisition for value by the donor. within > 5 years of
RATES the acquisition
Rate Relevant securities Caps Capital gains on transfers for value of constructed immovable property or rights in rem (other than rights of 16.5%
superficies or rights of emphyteusis or similar rights) in immovable property located in Belgium, except for
0.12% - Belgian public debt securities in general and public debt securities issued by foreign States or debt securities 1,300 € the immovable property that served as a home for the taxpayer, as long as such immovable property:
issued by the Communities, the Regions, provinces or municipalities (both in Belgium and abroad); - was acquired for value and is alienated within five years of the date of its acquisition;
- Bonds and notes issued by Belgian or non-Belgian companies and other legal entities or debt certificates; - was acquired by way of a gift and is alienated within three years of the date of the gift and within five years
- Securities other than units in investment funds issued by natural or legal persons established in Belgium of its acquisition for value by the donor;
representing or constituting consideration for shares, bonds or notes or securities issued by third companies, - was unconstructed and was acquired for value or by way of a gift and the taxpayer started a construction
regional or local authorities or fractions of such shares, bonds or notes or securities; on it within five years as of the acquisition of the land for value by the taxpayer or by the donor and
- Shares issued by a regulated property investment company; as long as the building and the land on which it is constructed are alienated together within five years of
- Shares issued by a collective investment undertaking. the first occupancy or lease of the immovable property.
0.35% Other securities. 1,600 € Capital gains on shares realised outside the normal management of one’s private estate. 33%
1.32% Transfers and acquisitions for value of accumulation-class shares. 4,000 € Capital gains realised on shares issued by a resident company following a transfer for value to a purchaser 16.5%
outside the EEA (subject to certain conditions).
ANNUAL TAX ON SECURITIES ACCOUNTS CORPORATE INCOME TAX – “CIT” INSURANCE PROCEEDS
0.15% - Taxable subject matter: securities account of which the Rate for the 2022 tax assessment year (income for 2021) Branch 26 Deemed to constitute capitalisation proceeds rather than insurance proceeds. Taxation of the interest of any sum paid or allocated
average value of financial instruments (including the in addition to capital (as it is deemed to constitute fixed income). The tax of 2% on premiums paid (“premium tax”) is not
liquidities held on these accounts) exceeds the threshold of SMEs 20% for the first band corresponding to 100,000 € if conditions applicable.
1,000,000 €. are satisfied
- The average value of the financial instruments is determined Life insurance Taxation of the difference between the amount paid or allocated and the total premiums paid. This difference amounts at least to
based on a reference period of 12 months (reference dates: Others 25% Branch 21 the capitalisation of interest at the rate of 4.75% per annum, (fictitious return), calculated on the total amount of premiums paid.
31/12, 31/03, 30/06, 30/09). The first reference period is the (providing for The income is tax exempt: (1) where the policy stipulates the payment on death of a capital sum equivalent to at least 130% of
(shortened) period between 26 February 2021 and Exit tax 15% guaranteed income) the premiums paid, if the taxpayer having acquired the policy has taken out single-life cover and the benefits of the policy are
30 September 2021. stipulated in his or her benefit in the event of survival; or (2) where the policy has a term exceeding eight years and the amounts
TAXATION OF CAPITAL GAINS ON SHARES are effectively paid more than eight years after the policy was signed. Tax of 2% due on premiums paid (“premium tax”), (except
Liable - Individuals, legal entities, founders of legal constructions in the case of pension savings within the framework of a Branch 21 life insurance).
taxpayers within the meaning of the Cayman tax (subject to exceptions). Exemption for capital gains if the three shareholding exemption conditions
• Belgian residents: Belgian and foreign securities accounts. are cumulatively satisfied (ownership condition, size of shareholding Life insurance Exempt from income tax (in the absence of a guaranteed return). Tax of 2% due on premiums paid (“premium tax”).
• Non-residents: securities accounts held with a Belgian condition (10% or acquisition value of 2,500,000 €) and taxation condition). Branch 23
intermediary (subject to exceptions). Otherwise taxed at the CIT rate. 2
To be increased by additional municipal taxes, except on movable income.
6 7If you require more
detailed information,
then the lead lawyers of
Tiberghien’s ESTATE PLANNING
team are available for you.
ALAIN VAN GEEL EMILIE VAN GOIDSENHOVEN WALTER VERLINDEN GRIET VANDEN ABEELE
alain.vangeel@tiberghien.com emilie.vangoidsenhoven@tiberghien.com walter.verlinden@tiberghien.com griet.vandenabeele@tiberghien.com
GERD D. GOYVAERTS PIETER SOUFFRIAU ROMINA ABIUSO DOMINIQUE DE BIE
gerdd.goyvaerts@tiberghien.com pieter.souffriau@tiberghien.com romina.abiuso@tiberghien.com dominique.debie@tiberghien.com
LARISSA DE WULF MURIELLE GIJBELS TIM DE GREEF ELKE DE LEEUW
larissa.dewulf@tiberghien.com murielle.gijbels@tiberghien.com tim.degreef@tiberghien.com elke.deleeuw@tiberghien.com
ELISABETH DE NOLF STEPHANIE GABRIEL NATHALIE LAUWENS ELDAR MINGALEYEV
elisabeth.denolf@tiberghien.com stephanie.gabriel@tiberghien.com nathalie.lauwens@tiberghien.com eldar.mingaleyev@tiberghien.com
KATRIEN VAN BOXSTAEL JESSICA VANHOVE CAROLYN VANTHIENEN
katrien.vanboxstael@tiberghien.com jessica.vanhove@tiberghien.com carolyn.vanthienen@tiberghien.com
Figures valid on 5 March 2021 – These tables are for general information purposes only and may not be considered as legal advice.
Tiberghien cannot be held accountable for the consequences of using this information without Tiberghien’s collaboration.
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