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An analysis from Arteo Law, Taxand Belgium
An Weyn, from our Belgian member firm, Arteo, provides expert commentary on Gift Tax rules in a cross-border context, in this month’s Expert Focus, published by Chambers. Chambers Expert Focus brings together legal experts to share insights on the stories driving the profession forward, globally. An, who is ranked for her expertise in private wealth law in the Chambers High Net Worth Guide 2023, explores the Belgian tax rules for Inter Vivos Gifts in a cross-border context.
Under Belgian civil law, a gift is a contractual agreement by which a donor gives up a movable or immovable property in favour of a beneficiary – without consideration – and by which the beneficiary accepts that property. The donor must have an intention to donate, often also referred to as animus donandi. In her commentary for this Chambers publication, An provides a full analysis of the governing laws in Belgium applicable to gifts, particularly in a cross-border context, when gift tax is due, the exceptions and the risk of double taxation.
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