Wetboek accountancy en fiscaliteit 2010-2011: boek 1

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Vlaamse successierechten: gezinswoning vrijgesteld in het voordeel van de langstlevende partner (of toch bijna altijd)!

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Vlaamse successierechten: voorwaarde van 'loonlasten' in artikel 60bis Wetboek van Successierechten: wat bedoelt de decreetgever eigenlijk?

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Transfer of family-owned companies by succession of by gif inter vivos according to Belgian succession and registration taxes

Under Belgian constitutional law, succession tax and registration tax are regional taxes. For the Flemish government, the legislative competence in this field seems an important instrument for policy making. In an attempt to sustain familial entrepreneurship as a valuable element in our society's economic texture, the inheritance of a family-owned company is exempted from the Succession Tax (art. 60bis Succession Tax Code for the Flemish Region). It is useful to analyse this measure. More precisely, it is interesting to figure out the material conditions for the aforementioned exemption and policy-goals that inspired to them. Questions to be dealt with are the characteristics of a family-owned company - how must the company be organised; minimum control/participation of the deceased's family - and the minimum standards the company must fulfil in terms of - ongoing-employment. For transfer by death, an exemption exists; while for the gift of a company inter vivo, a reduced tax rate is applied (art. 140bis-octies Registration Tax Code for the Flemish Region). The conditions for this reduction need to be analysed, as well as the differences with the conditions for the exemption of art. 60bis Succession Tax Code for the Flemish Region shall be commented. It has to be clear why the reduction of the percentage of the Registration Tax is not reserved to family-owned companies and why it does not seem to be subject to an employment condition, but only to keep the company ongoing during a period of five years. Lastly, the Flemish measures to promote entrepreneurship form the viewpoint of Succession tax and Registration tax need to be situated in an international and inter-regional contex