The Flemish Tax Administration released a position on 20 October 2026 regarding the modification of the terms of a gift originally executed before a Dutch notary. The guidance addresses the tax consequences when the modalities of a gift (such as usufruct conditions or revocation clauses) are altered after the fact, particularly in cross-border contexts involving Dutch notarial deeds.
Key Takeaways
- Formal Requirements: Modifications must comply with Belgian formal validity rules to be effective for gift tax purposes.
- Timing of Taxation: The administration distinguishes between modifications that constitute a new gift and those that merely adjust existing terms.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement