IP/11/159 – Taxation: Commission requests Belgium to amend its provision on taxation of gifts of real estate in Brussels


The European Commission has formally requested Belgium to change the provision of the Inheritance Tax Code of the Brussels Capital Region which provides for a reduced rate applicable to taxation of gifts of real estate in the Brussels Capital Region because to qualify the person has to live in Brussels for at least five years. The Commission considers such provisions to be incompatible with the freedom of residence, the free movement of workers and the right of establishment as provided for by the Treaty. The request takes the form of a ‘reasoned opinion’. In the absence of a satisfactory response within two months, the Commission may refer Belgium to the EU’s Court of Justice.

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