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On September 2017, the Belgian Inheritance Law reform was adopted. The main purpose of this reform was to update the inheritance law to be more in line with modern society. The main part was put in force on 1 September 2018. The reform is based on three pillars: increasing the freedom of the testator, giving future heirs greater security, and allowing agreements on succession.
In Belgium, there are two types of Inheritance Tax: succession tax (“droit de succession” or “successierechten”) and transfer tax (“droit de mutation par décès” or “recht van overgang bij overlijden”). Succession tax applies for inheritance received from a Belgian resident, whereas transfer tax applies on the transfer, from a non-resident, of real estate located in Belgium.
Belgian inheritance tax is based on residence. In this respect, inheritance tax rules will only apply if the deceased has established their residency in Belgium.
Inheritance tax is a regional tax so that tax rates, tax assets and tax-free amounts, are different according to the region concerned. In Belgium, there are three regions: Flemish Region, Walloon Region and Brussels-Capital Region. Depending in which region the deceased is located, specifics tax rules will apply.
For more information about Inheritance Tax, contact us:
Our RSM tax experts support you in estate planning (personal assistance, structuration, tax planning, etc.), assistance in intra and extra-transmission of family business, donations (movables, immovables property, piece of art, philanthropy, etc.) and inheritance planning as well as coordination with all the other parties involved (notary, lawyer, family office, private banker, etc.).
As part of the international RSM Private Client Services group, we network with RSM inheritance tax experts from many countries. Thus, we can provide our services to our clients especially in international cases, where different national tax regimes require excellent exchange between the national tax advisors.
