Inheritance tax on property in Belgium
In Belgium, inheritance tax is a regional competence. Rates and rules therefore differ depending on whether the deceased lived in Wallonia, Brussels or Flanders. This article covers Wallonia, where YOUHOME operates.
Inheritance tax is calculated on the net value of the estate, that is, the value of the assets minus the debts. For property, the value used is generally the market value of the property at the time of death.
Rates in Wallonia
In Wallonia, inheritance tax rates vary according to the family relationship between the deceased and the heir, and according to the value of the share inherited. Between spouses and legal cohabitants, specific rules apply, notably for the main residence. Between parents and children, the rates are progressive and can reach significant levels for large shares.
For more distant heirs (brothers, sisters, uncles, aunts, nephews, nieces) or those with no family relationship, the rates are considerably higher.
The exact rates and applicable bands change over time. Consult your notary or the SPW Fiscalité website for up-to-date information.
The main residence: a favourable regime
In Wallonia, the deceased's main residence benefits from a favourable regime for heirs in the direct line and between spouses or legal cohabitants. A partial or total exemption may apply depending on the conditions. Your notary will tell you whether your situation qualifies.
Selling an inherited property: the steps
Before selling an inherited property, several steps are necessary:
- The estate declaration must be filed with the tax authorities within the legal time limit (generally four months after the death in Belgium).
- Inheritance tax must be paid before the heirs can freely dispose of the property.
- If several heirs are involved, an agreement between them is needed to proceed with the sale. In the event of disagreement, court proceedings may be necessary.
- The property must be registered in the heirs' names in the land registers before the sale.
The impact of inheritance tax on the decision to sell
Inheritance tax can amount to a significant sum, especially for high-value properties or distant heirs. This can influence the decision to sell quickly in order to have the cash needed to pay the tax.
In this context, an accurate valuation of the property is essential. It establishes the market value that will serve as the basis for calculating the tax, and helps define a suitable sales strategy.
What YOUHOME can offer
YOUHOME supports families who need to sell an inherited property. This includes a valuation of the property, advice on marketing strategy and coordination with the notary. The aim is to handle the sale with discretion and efficiency, with respect for what is often a delicate family context.
For any tax or legal question specific to your situation, consult your notary or a tax adviser. This article is for information only and does not constitute legal or tax advice.
