What is meant by legal cohabitant in the Walloon Region?
Legal cohabitant in the Walloon Region refers to:
- the person who is domiciled with the donor at the time of the gift and
- with whom the donor has made a declaration of legalized cohabitation in accordance with the provisions of the Civil Code or the Code of Private International Law.
What is the rate when giving immovable property to a relative in the direct line or to a spouse/legal cohabitant in the Walloon Region?
When giving immovable property to a relative in the direct line (grandchild, child, parent, grandparent etc.) or to a spouse/cohabitant in the Walloon Region, the following gift tax is applicable to the beneficiary’s gross share since 3 September 2018:
Portion of the gift
Between relatives in the direct line, between spouses and cohabitants
From
up to and including
Percentage for the corresponding portion
Tax on previous portions
€ 0.01
€ 150,000
3 %
€ 150,000.01
€ 250,000
9 %
€ 4,500
€ 250,000.01
€ 450,000
18 %
€ 13,500
More than € 450,000
27 %
€ 49,500
Can I obtain a reduction in gift tax when I have received immovable property from my spouse/legal cohabitant in the Walloon Region?
Yes, as a beneficiary spouse/legal cohabitant you can obtain a reduction in gift tax if you have at least three children under 21 alive at the moment the tax is acquired for the state.
The reduction is 4 per cent per child who has not reached the age of 21, with a maximum of € 124 per child.
What is the rate when giving immovable property to a person other than a relative in the direct line or a spouse/legal cohabitant in the Walloon Region?
When giving immovable property to a person other than a relative in the direct line (grandchild, child, parent, grandparent etc.) or a spouse/ legal cohabitant in the Walloon Region, the following gift tax is applicable to the beneficiary’s gross share since 3 September 2018:
Portion of the gift
Between any other persons
From
up to and including
Percentage for the corresponding portion
Tax on previous portions
€ 0.01
€ 150,000
10 %
€ 150,000.01
€ 250,000
20 %
€ 15,000
€ 250,000.01
€ 450,000
30 %
€ 35,000
More than € 450,000
40 %
€ 95,000
Can I obtain a reduction in gift tax when I have received immovable property from a person other than a relative in the direct line or a spouse/legal cohabitant in the Walloon Region?
Yes, as a beneficiary you can obtain a reduction in gift tax if you have at least three children under 21 alive at the moment the tax is acquired for the state.
The reduction is 2 per cent per child who has not reached the age of 21, with a maximum of € 62 per child.
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