Private client—Belgium—Q&A guide

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Private client—Belgium—Q&A guide
  • 1. How does an individual become taxable in your jurisdiction?
  • 2. What, if any, taxes apply to an individual’s income?
  • 3. What, if any, taxes apply to an individual’s capital gains?
  • 4. What, if any, taxes apply if an individual makes lifetime gifts?
  • 5. What, if any, taxes apply to an individual’s transfers on death and to his or her estate following death?
  • 6. What, if any, taxes apply to an individual’s real property?
  • 7. What, if any, taxes apply on the import or export, for personal use and enjoyment, of assets other than cash by an individual to your jurisdiction?
  • 8. What, if any, other taxes may be particularly relevant to an individual?
  • 9. What, if any, taxes apply to trusts or other asset-holding vehicles in your jurisdiction, and how are such taxes imposed?
  • More...

Private client—Belgium—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to private client in Belgium published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Loyens & Loeff—Saskia Lust; Barbara Albrecht

1. How does an individual become taxable in your jurisdiction?

An individual becomes taxable in Belgium when he or she becomes a Belgian resident. A Belgian tax resident is an individual who has his or her main residence in Belgium. An individual who does not have his or her main residence in Belgium, but who has the seat of his or her fortune in Belgium also qualifies as a Belgian resident. Residency depends on all relevant factual circumstances. However, the registration of the individual in the National Register creates a rebuttable presumption of residency.

Belgian residency triggers the liability to pay Belgian personal income taxes over the following types of income and gains:

  1. income of real property;

  2. income of capital;

  3. income of professional activities and pensions; and

  4. income of diverse sources and (capital) gains.

Gift tax and inheritance tax are a competence of the Belgian region (Flemish Region, Brussels Capital Region and Walloon Region) where the donor has or the deceased had his or her residence.

2. What, if any, taxes apply to an individual’s income?

Income of capital is taxed at flat rates.

In principle, dividends are taxed at a flat

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