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taxation.be

Friday
Mar 22nd
Home arrow Individuals arrow Inheritance Tax

General

The Belgian inheritance tax rules follow the Belgian inheritance rules.  That means that Belgium charges inheritance tax if the deceased was domiciled in Belgium or if he had real property in Belgium.

The inheritance tax is due on the net value of the deceased's estate. That is his entire estate with a few corrections which are mainly anti-avoidance measures. A number of liiabilities can be set off against the value of the estate.

The inheritance tax is a regional tax, which means that the rules can vary from one region to the other. However, it is mainly the inheritance tax rates that are different depending on whether the deceased was resident in Brussels, Flanders or Wallonia. To avoid 'region shopping', the criterion as to which rates apply is the region where the deceased has been a tax resident for the major part of the last five years before his death. 

Special rates apply for transfers of a family business or a company, but these are aimed at maintaining employment.

In international situations, inheritance tax may be due in two or three countries.  Belgium has some rules to reduce double taxation, and it has signed a double tax treaty only with France and Sweden.

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