1| Gift & inheritance
| Net taxable fraction | Taxation at start of bracket | Surplus taxed at a rate of |
|---|---|---|
| 0 - 154,197 | 0 | 10% |
| over 154,197 | 15,419 | 20% |
| Net taxable fraction | Taxation at start of bracket | Surplus taxed at a rate of |
|---|---|---|
| 0 - 154,197 | 0 | 18% |
| over 154,197 | 27,755 | 36% |
| Net taxable fraction | Taxation at start of bracket | Surplus taxed at a rate of |
|---|---|---|
| 0 - 154,197 | 0 | 30% |
| over 154,197 | 46,259 | 40% |
| Beneficiary | Amount of the exemption |
|---|---|
| Spouse or civil partner | €804,698 |
| Child Disabled child Grandchild |
€25,490 €76,453 €25,490 |
| Parents | €60,359 |
| All others | €2,690 |
| Allowance for spouse or partner after deduction of present value of pension | at least €207,886 |
| Beneficiary | Amount of the exemption |
|---|---|
| Children | €6,713 (per calendar year) €32,195 (once in a lifetime)1 €67,064 (once in a lifetime, education)2 |
| Other beneficiaries (including grandchildren) | €2,690 (per calendar year) |
- 1 For children between the ages of 18 and 40, without a spending requirement, provided that the exemption is reported in the tax return.
- 2 For children between 18 and 40 who intend to follow a study or training course (the costs of which exceed €20,000 per year), provided that the exemption is reported in the tax return.
A public benefit institution (“ANBI”) as referred to in Article 5b of the AWR (General Act on State Taxes) and an institution that promotes a social interest (“SBBI”) as referred to in Article 5c of the AWR are fully exempt from gift and inheritance tax, insofar as the acquisition does not involve an assignment that eprives the acquisition of the character of having been made in the public or social interest and provided that the other conditions of the law are also met.
PENSION IMPUTATION
The exemption of € 804,698 for a partner is reduced if pension rights and/or annuity payments exempt from inheritance tax are obtained upon the death.
The reduction amounts to half the present value of the pension or annuity payment after a deduction of 30% for deferred income tax. However, the exemption can never be lower than €207,886.
BUSINESS ASSETS
An acquisition of business assets up to a value of €1,500,000 from the “objective company” (ondernemingsvermogen) is 100% exempt. If part of an objective company is acquired, the 100% exemption is applied pro rata.
For companies that are worth more than €1,500,000, an exemption of 75% applies to the excess. Ten years’ deferment of payment can be obtained for any tax that may still be owed on the nonexempt portion. The exemptions are conditional; they expire if the business does not continue operations for five years after the acquisition.
VALUATION OF A USUFRUCT
Article 5 Uitvoeringsbesluit Successiewet 1956 (the Implementation resolution on the Succession Act of 1956) for gift and inheritance tax purposes (the value is different for income tax purposes).
| Age of usufructuary | Value of the usufruct as a percentage of the full value of the property |
|---|---|
| 20 to 30 | 90% |
| 30 to 40 | 84% |
| 40 to 50 | 78% |
| 50 to 55 | 72% |
| 55 to 60 | 66% |
| 60 to 65 | 60% |
| 65 to 70 | 48% |
| 70 to 75 | 42% |
| 75 to 80 | 30% |
| 80 to 85 | 24% |
| 85 to 90 | 18% |
| 90 or older. | 12% |