Application form in respect of gifts and inheritance of family businesses in Flanders.

A Decree of the Flemish Government of 2 March 2012 laying down the conditions for the application and processing of a certificate that must be requested in view of a donation or in relation to the inheritance of a family business was published in the Belgian Official Gazette on 14 March 2012.

Indeed, anyone who wants to enjoy the exemption of the donation tax or the reduced rate of inheritance tax in case of a gift or inheritance of a family business, must file an application form with the Flemish Taxauthorities ( "Vlaamse Belastingdienst " Vlabel).

Vlabel will issue a certificate to be attached to the donation deed or estate tax return by respectively the beneficiary of the gift or the heir.

This certificate is required to give evidence to the Tax authorities that the conditions for exemption and/or the reduced rate are met.

Source: Decree of the Flemish Government implementing articles 140quinquies and 140sexies of the Code Registration, Mortgage and Registry taxes, and the Code on Inheritance Tax.

15 March 2012

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