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Last Updated: Sep 03, 2009

Inheritance tax and law

INHERITANCE TAX

Inheritance tax is levied at progressive rates and varies according to the degree of kinship, region where the inheritance is opened and to the share inherited by each of the heirs. The tax is, in principle, computed on the fair market value of the property each beneficiary is entitled to receive from the estate.

For residents, the tax base is the gross value of the estate (i.e. assets in Belgium) less any debts incurred by the estate. For non-residents, tax is chargeable on the gross value of the estate, without any deductions.

INHERITANCE – BRUSSELS REGION
If the deceased was resident in the Brussels region, the spouse, direct descendants and direct ascendants are entitled to a tax-free allowance of €15,000 each. For children below 21 years of age, the allowance is increased by €2,500 for each year below the age of 21. For other beneficiaries, inheritances not exceeding €1,250 are not taxable.


INHERITANCE TAX: BRUSSELS REGION

TAX BASE(€) TAX RATE
Up to €50,000 3%
€50,000 - €100,000 8%
€100,000 - €175,000 9%
€175,000 - €250,000 18%
€250,000 - €500,000 24%
Over €500,000 30%
Source: Global Property Guide

The rates for brothers and sisters vary between 20% and 65%, where the minimum rate applies to inheritances up to €12,500 and the maximum rate applies to inheritances exceeding €250,000.

The inheritance rates vary between 25% and 70% for uncles, aunts, cousins, nieces and nephews. For all other individuals, the tax is levied between 40% and 80%. The minimum rate applies to inheritances up to €50,000 and the maximum rate applies to inheritances exceeding €175,000.

INHERITANCE – FLEMISH REGION


INHERITANCE TAX: FLEMISH REGION

TAX BASE(€) TAX RATE
Up to €50,000 3%
€50,000 - €250,000 9%
Over €250,000 27%
Source: Global Property Guide

The rates for brothers and sisters vary between 30% and 65%. For all other individuals, the tax is levied between 45% and 65%. In all these cases, the minimum rate applies to inheritances up to €75,000 and the maximum rate applies to inheritances exceeding €175,000.

INHERITANCE – WALLOON REGION
If the deceased was resident in the Walloon region, the spouse, direct descendants and direct ascendants are entitled to a tax-free allowance of €12,500 each. The allowance is increased to €25,000, if the inheritance does not exceed €125,000. For children below 21 years of age, the allowance is increased by €2,500 for each year below the age of 21. For other beneficiaries, inheritances not exceeding €620 are tax-exempt.

INHERITANCE TAX: WALLOON REGION

TAX BASE (€) TAX RATE
Up to €12,500 3%
€12,500 - €25,000 4%
€25,000 - €50,000 5%
€50,000 - €100,000 7%
€100,000 - €150,000 10%
€150,000 - €200,000 14%
€200,000 - €250,000 18%
€250,000 - €500,000 24%
Over €500,000 30%
Source: Global Property Guide

The rates for brothers and sisters vary between 20% and 65%. The rates vary between 25% and 70% for uncles, aunts, cousins, nieces and nephews. For all other individuals, the tax is levied between 30% and 80%. In all these cases, the minimum rate applies to inheritances up to €12,500 and the maximum rate applies to inheritances exceeding €175,000.

 

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