Real estate transaction costs and taxes in Belgium

1. Due diligence costs for the purchase of real estate

Cost

EUR 250

VAT

Nil

1.2 Utility search (each service)

Cost

N/A

VAT

Nil

Cost

EUR 30-EUR 150

VAT

Nil

1.4 Company search, per company

Cost

EUR 14 plus VAT per certified extract.

VAT

21%

1.5 Survey/Valuation fee, approx

Cost

EUR 1,500 and EUR 15,000

VAT

21%

1.6 Phase 1 Environmental survey

Cost

EUR 2,000 and EUR 3,000

VAT

21%

2. Costs associated with a contract for purchase of real estate and registering title

2.1 VAT on price

Cost

If building is “new” for tax purposes and
election is made, VAT applies.

VAT

21%

2.2 Transfer duty

Cost
  1. 12.5% on purchase price in Brussels and Wallonia; 10% on purchase price in Flanders.
  2. If building is “new” for tax purposes and election is made, transfer duty does not apply (but see VAT).

3. Tax or duty on the acquisition of shares in a company owning real estate

Nil

4. Capital gain taxation on future disposal of real estate or shares in a company owning real estate

4.1 Tax on capital gains on the disposal of the real estate itself

Belgian resident company: capital gains are subject to corporation tax at normal rates (29.58% as from 1 January 2018 and 25.00 % as from 1 January 2020). Foreign company same as for Belgian resident company.

4.2 Tax on capital gains on the disposal of shares in a company owning real estate

Companies are exempt from capital gains taxation on gains realised upon the disposal of the shares provided that: (i) the subject-to-tax condition is met and (ii) the shares have been held in full legal ownership for an uninterrupted period of at least one year (iii) the company holds a participation of more than 10% in the capital or at least EUR 2,500,000 of investment value in capital.
If the one-year minimum holding period condition is not met (but the holding threshold and the subject-to-tax condition are met), the capital gains are taxable at a separate corporate income tax rate of currently 25.75%. In case the holding threshold and/or the subject-to-tax condition are not met, the capital gains is subject to the standard corporate tax rate (being 29,58% and 25% as of 2020).

Portrait ofBruno Duquesne
Bruno Duquesne
Partner
Brussels
Portrait ofPierre-Axel Chabot
Pierre-Axel Chabot
Partner
Brussels