FURTHER EXPLANATION · 2 MIN READ
A new explanation, not a new law
On 11 September 2026, the Flemish Tax Administration published an updated FAQ, with a decision date of 7 September. It explains how the favourable scheme for family companies is applied. The reformed scheme has been in effect since 1 January 2026. The publication is therefore not a tax change taking effect only in September.
Those who want to gift shares should discuss preparation in good time. What activity is conducted, who has which voting rights, and what real estate is held in the company? These questions partly determine whether and to what extent the exemption applies.
A dwelling can limit the tax advantage
In a qualifying family company, gifting shares can be exempt from gift tax under conditions. The portion of the share value representing residential real estate generally falls outside this exemption. Building plots are also included.
There is an exception for companies with at least 75% turnover from residential real estate activities and at least one full-time employee during the preceding three years. This is not a general exception for any company renting dwellings. The other conditions, including a genuine economic activity and required participation, remain important.
The report is part of the preparation
According to the FAQ, a substantiated valuation report is also required if the company does not own residential real estate. It must be drawn up by a company auditor, not the statutory auditor, or a certified accountant. In the case of a gift, the report must be dated and signed before the authentic deed.
The valuation must correspond with the relevant data. The latest annual accounts do not necessarily suffice. Conditions must be followed for three years after the transfer, including continuation of the activity.
Start with what you want to transfer
Suppose a parent wishes to gift the shares of a workshop to a daughter. The same company also owns a rented house. The family discussion then involves more than a sum: who takes daily management, what income does the parent still need, and how does the transfer fit with the other children?
Compare those wishes with the documents, without yet setting a fiscal outcome. Compile shareholder information, recent figures and an overview of properties. Also note what remains unclear. Discuss your plans with Notariaat Wellens: we review the legal conditions and coordinate the preparation with your accountant.