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Brussels Inheritance Tax: Droits de Succession Rates and the Family Home

By Recording Law Editorial Team11 min read
Brussels Inheritance Tax: Droits de Succession Rates and the Family Home

Frequently Asked Questions

Which region's inheritance tax applies if someone lived in more than one region before death?

The region that held the deceased's fiscal domicile for the longest period during the 5 years immediately before death, not the region where the deceased spent most of their life or where the heirs themselves live.

Does Brussels merge siblings with more distant relatives like an uncle, aunt, nephew or niece?

No. Brussels keeps three entirely separate scales: one for siblings, one for an uncle or aunt inheriting from a nephew or niece (or the reverse), and one for everyone else. Merging siblings into a table meant for more distant relatives would tax them at rates intended for strangers.

Is Brussels' 'others' category taxed on a combined total like Flanders' is?

No. Every scale in Brussels, direct line and every collateral category, is applied to each heir's own individual net share. The combined-class mechanic for unrelated heirs is specific to Flanders and does not apply in Brussels.

How much can a Brussels direct-line heir subtract before the scale applies?

A flat 15,000 euro, deducted before the progressive scale, available to a spouse, legal cohabitant or direct-line heir. A minor child also receives 2,500 euro for each remaining year until turning 21.

Does every direct-line heir inherit the family home free of tax in Brussels?

No. Only a spouse or legal cohabitant who is not also a blood relative of the deceased gets the full exemption. Other direct-line heirs, such as children, instead receive a reduced-rate scale capped at 250,000 euro of the home’s value, and only where the home was the deceased’s principal residence for at least 5 years.

When is Brussels inheritance tax actually due?

The estate return is due 4 months after a death in Belgium, 5 months for a death elsewhere in the EEA or 6 months outside Europe, and payment is due 2 months after that filing deadline expires, regardless of when the return was actually filed.

What is the top inheritance tax rate an unrelated heir can pay in Brussels?

80 percent, on the portion of an unrelated heir's own net share above 175,000 euro. That is the top band of Brussels' scale for heirs outside the family and any qualifying partner.

Sources and References

  1. SPF Finances, Payer les droits de succession (Région de Bruxelles-Capitale: barèmes ligne directe, frères et soeurs, oncle-tante/neveu-nièce, autres)(fin.belgium.be).gov
  2. SPF Finances, Payer les droits de succession (abattement de 15.000 euros et exonération du logement familial)(fin.belgium.be).gov
  3. be.brussels, Droits de succession et de mutation par décès(be.brussels).gov
  4. Loi spéciale du 16 janvier 1989 relative au financement des Communautés et des Régions, article 5 (domicile fiscal du défunt)(ejustice.just.fgov.be).gov
  5. Wikifin, Comment sont calculés les droits de succession ?(wikifin.be)
  6. notaire.be, Calcul et tarifs des droits de succession à Bruxelles (context; not the sole source for any rate)(notaire.be)
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