- Due diligence costs for the purchase of real estate
- Costs associated with a contract for purchase of real estate and registering title
- Tax or duty on the acquisition of shares in a company owning real estate
- Capital gain taxation on future disposal of real estate or shares in a company owning real estate
jurisdiction
1. Due diligence costs for the purchase of real estate
1.1 Municipal search
Cost
EUR 250
VAT
Nil
1.2 Utility search (each service)
Cost
EUR 2,000 and EUR 3,000
VAT
Nil
1.3 Land registry search (per search)
VAT
Nil
1.4 Company search, per company
VAT
21%
1.5 Survey/Valuation fee, approx
VAT
21%
1.6 Phase 1 Environmental survey
VAT
21%
2. Costs associated with a contract for purchase of real estate and registering title
2.1 VAT on price
Cost
- 12.5% on purchase price in Brussels and Wallonia; 10% on purchase price in Flanders.
- If building is “new” for tax purposes and election is made, transfer duty does not apply (but see VAT).
VAT
21%
2.2 Transfer duty
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).