I am preparing my succession: anticipate to protect your heirs
I am preparing my succession and it is essential to reduce the taxes to be paid and to transfer your assets under the best conditions. Discover solutions to optimize your succession and ease the procedures for your loved ones.
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I am preparing my succession
A forewarned man is worth two. Preparing your succession now will allow your heirs to enjoy your assets legally. Get informed about the texts governing inheritance rights.
Discover all the information you need to spare your heirs from paying heavy taxes, all while staying within the legal framework.
I organize…
In the event of the death of a loved one, heirs must pay inheritance taxes to take possession of their assets. They must pay taxes that can range from 3% to 27% for a direct line transfer, or even up to 80% if the beneficiary has no family ties with the deceased.
Belgian legislation prohibits the “inheritance pact,” which is a written contract where a person determines in advance with their future heirs how to share their assets after their death.
Belgian tax regulations on inheritance rights
People with their main residence in Belgium are subject to Belgian legislation on inheritance rights for their assets upon their death. It is the region where the deceased’s main tax domicile was located during the last five years that determines the rate of this tax. Note that for a non-resident individual in Belgium who owns assets in this country, the heirs only have to pay transfer tax.
How to reduce inheritance taxes?
In Belgium, inheritance taxes are progressive. This means that the higher the value of the deceased’s assets, the higher the taxes to be paid by their heirs. It is possible to distribute part of one’s assets to heirs during one’s lifetime to reduce the charges to be paid.
- The donation: An interesting alternative that can reduce the successors’ charges by up to 50%. Belgian legislation applies the three-year rule to reduce donation taxes. The owner makes a donation in installments with a three-year period between each gift. This solution is interesting provided that this period is respected.
- The duo legacy: In cases where only distant people inherit your assets, they will be taxed with inheritance rights ranging from 25% to 80%. The solution can come from the duo legacy. You grant a large part of your assets to a foundation or association, which is responsible for paying the corresponding inheritance taxes. It then gives part of the assets to distant people. These taxes are quite reduced, at a rate of 5.5 to 7% for the Walloon Region, 6.6 to 8% for the Flemish Region, and 6.6 to 25% for the Brussels-Capital Region. Besides the obvious fiscal benefit, this alternative also allows helping a charitable organization.
Practical advice
The will
To facilitate your succession, the will is the best way to avoid any disputes between heirs. It indicates each person’s share while stipulating the conditions they must meet to benefit from their legacy. There are three types of wills:
- The authentic or notarized will: A deed drawn up by a notary in the presence of two witnesses or a second notary. The testator dictates their wishes to their legal representative.
- The holographic will: Its validity is conditioned by its handwriting by the testator, the affixing of their usual signature on the document, and the presence of the date. Handwritten, it cannot be typed on a computer or machine.
- The international will: More complex, it is executable in all countries where the convention concerning this type of will is ratified.
The creation of a company or foundation
If you have significant assets and wish to preserve them, you can create a foundation or a company. This solution, however, requires the assistance of a specialist. You have the choice between:
- The common law company: Without legal personality, this process allows parents to give assets to their offspring while retaining the management of the company.
- The partnership limited by shares: If you are a business owner, this type of company allows you to gradually transfer your shares to your children.
- The private foundation: Through an authentic will or a notarized deed, it is created to act in the charitable or disinterested domain. This solution can also be used by parents to ensure the care of a disabled child after their death.
Check list
- There is no specific time to write a will. Death can occur at any time, so it is prudent to do so as soon as you have assets you wish to transfer. In principle, this act cannot be written by a minor under 16 years old.
- Upon the death of a parent, heirs must file an inheritance declaration. If the deceased lived in Belgium, it will be done at the registration office of their last place of residence. If they lived abroad, at the municipality where their buildings are located. The deadlines for filing this declaration are 4 months if the death occurred in Belgium, 5 months if in Europe, and 6 months outside Europe.
Do you want to spare your heirs the significant procedures and costs related to succession? Implement the necessary steps. Our financing solutions can only help you.
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