For non-residents, tax is chargeable on the gross value of the estate (i.e. assets in Belgium), at standard rates of inheritance tax. The gross tax base is the market value of the goods at death.
Rates are progressive and vary according to the degree of kinship, region where the inheritance is opened and to the share inherited by each of the heirs.
Taxes on transfer between spouses, co-habitants and lineal relatives (i.e. children, parents, grandchildren and grandparents) are as follows: | | INHERITANCE TAX: FLEMISH REGION |
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| TAXABLE INHERITANCE (€) | MARGINAL RATE | | Up to €50,000 | 3% | | €50,000 - €250,000 | 9% | | Over €250,000 | 27% |
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| | INHERITANCE TAX: WALLOON REGION |
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| TAXABLE INHERITANCE (€) | MARGINAL 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% |
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| | INHERITANCE TAX: BRUSSELS REGION |
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| TAXABLE INHERITANCE (€) | MARGINAL 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% |
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Exemptions and/or deductions, like rates, unsurprisingly differ for each region. In Flanders, lineal heirs, co-habitants, and spouses are entitled to a tax reduction which is degressive, meaning the amount of tax reduction one can avail of decreases as the amount of inheritance increases (approaches €50,000) and as the familial connection lessens. Basically, the tax reduction should not exceed €500 if the inheritance does not exceed €50,000.
The same class of heirs is entitled to an exemption of €12,500 in Walloon and €15,000 in Brussels. In addition to the tax exemption in Brussels, no inheritance tax is due on any inheritance where the net amount does not exceed €1,250.
The heirs are also required to pay transfer duty and it is calculated on the value or sales price of the acquired Belgian property at the current tax rate of 12.5%. |
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