The principle: 2.5 %
The division duty of 2.5% must be paid in the case of:
- partial or total division of immovable property;
- surrender for valuable consideration, among co-owners, of undivided parts in real estate;
- the conversion of usufruct at the request of the surviving spouse.
The partner acquiring the real estate pays 2.5% on the agreed value of the property. If the agreed value is lower than the actual sales value, the tax is levied on the sales value.
Exception in case of termination of legal cohabitation or marriage: 1 %
As the legislator was aware that it was unfair to apply a 2.5% apportionment duty in the case of a distribution as a result of a relationship breakdown, the apportionment duty was reduced from 2.5% to 1%, under certain strict conditions.
Both former legal cohabitants (who have legally cohabited for at least one year) and former spouses can benefit from the reduced levy. De facto cohabitants who break up are excluded.
Additional relaxation misery taks from 1 January 2016 for application of exception rate: 1%
The reduced rate of 1% applies as soon as it concerns a division of immovable property with effect through the divorce. The condition that the real estate must be divided by the deed settling the division of the matrimonial community of property is abolished.
Suppose you decide to leave a property undivided at the time of the liquidation-division and you or your ex-spouse take over the property only years later, you or your ex can still enjoy the reduced rate at that time.
From 1 January 2016, a partition or relinquishment agreed in a private settlement agreement also falls under the favourable rate.
Before 1 January 2016, it was required that the division of property was done within one year of the termination of legal cohabitation. Now, this period is extended to three years. However, the condition that legal cohabitation must have lasted at least one year remains in place.
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