Home - De Langhe Attorneys

Preferential regime for transfer / inheritance of family businesses: positive news for real estate participations

Family businesses and shares of family businesses can be transferred or inherited at an advantageous rate in the registration and inheritance tax. In the Flemish Region this rate is 0% for gifts, and 3% or 7% for inheritances. One of the conditions applicable to companies regards the exercise of a genuine economic activity. Even though the Flemish tax authority (VLABEL) interprets them strictly, a recent decision somehow nuances this in the interest of companies with important real estate participations.

Key practical aspects of the new property law

On 30 January 2020, the bill on the new Book 3 “Property” of the Belgian Civil Code was approved. It involves profound changes, the most striking of which relate to the real estate sector. In this article we set out the practical implications of the most important of these changes. The bill also contains new provisions concerning movable property, intellectual property rights, animals, etc., which will not be discussed in this article.

The new Belgian Code of Companies and Associations: 7 practical novelties

As from 1 January 2020, the mandatory provisions and also – to the extent that nothing is stipulated in the articles of association of the concerned company – the default rules of the new Belgian Code of Companies and Associations (hereinafter “BCC”) are fully applicable to all companies. This means that, as from 1 January 2020, you, as an entrepreneur, have to take into account a number of additional rules. In the present article, we clarify 7 practical novelties in the BCC for you.

De Langhe Advocaten

Partner to the entrepreneur

To grow, professionalize and internationalize

Tailored financing and management

Takeover, valuation, exit, asset and succession planning

WE ARE AT YOUR SERVICE, YOU, THE AMBITIOUS ENTREPRENEUR, AT THE HEART OF THE FLEMISH ECONOMY

YOU FOCUS ON YOUR BUSINESS. WE WILL CATER TO YOUR LEGAL AND FINANCIAL NEEDS BEFORE THEY EVEN ARISE

News

Preferential regime for transfer / inheritance of family businesses: positive news for real estate participations

Key practical aspects of the new property law

The new Belgian Code of Companies and Associations: 7 practical novelties

"One of the most important principles of success, is developing the habit of going the extra mile."

Flanders has enormous business potential. Business management can always be improved upon.

Law does not have to be a deal breaker. It can actually offer a host of business opportunities.

To do business means to weigh up the costs and the benefits. That is exactly what we do with our legal and financial solutions.

We act as the entrepreneur's safety net.

To give the entrepreneur peace of mind. If we achieve that, it means that we have done our job.

We see ourselves as legal architects: a solution must not only be right for the client, it must also be feasible and sustainable.

The right advisor at the right time: if we cannot do the job ourselves, we subcontract to our vast network of top professionals.

We speak the entrepreneur's language: clear, no-nonsense, straight to the point.

Find your niche!