When is a notary required?
In all three Benelux countries, a notarial deed is mandatory for gifts of real estate. For movable property (money, securities, art), alternatives exist:
• Manual gift — physical handover without a deed. In Belgium, not subject to gift tax (but subject to inheritance tax if you die within 3/5/7 years).
• Bank gift — transfer with proof of gift intention.
• Notarial donation — always subject to gift tax, but provides legal certainty and is immediately definitive for inheritance tax purposes.
Gift tax in Belgium
Flemish gift tax on movable property: 3% (direct line/partners), 7% (others). On real estate: progressive rate from 3% to 40%.
Walloon and Brussels rates are higher for real estate but comparable for movable property.
Gift tax in the Netherlands
The Netherlands levies gift tax of 10% (children), 18% (grandchildren), 30% (others) on the freely disposable portion. There are annual exemptions: €6,035 for children, €2,418 for others.
Gift tax in Luxembourg
Notarial donations are subject to registration duties of 1.8% (direct line) to 14.4% (non-relatives). Manual gifts are untaxed as long as there is no deed.
Tips
• Consider spreading gifts over time to make optimal use of exemptions.
• In Belgium: a bank gift + proof letter is a popular tax instrument.
• In the Netherlands: take advantage of annual exemptions.
• Always consult a notary for real estate gifts and complex family situations.