FURTHER EXPLANATION · 2 MIN READ
Why was no favourable confirmation given?
On 5 August 2026, the Flemish Tax Administration published an advance ruling concerning partners who wanted to make arrangements relating to two investment portfolios. They wished that upon the death of one of them, the assets involved would be allocated to the surviving partner according to a chance contract. The administration examined whether this was truly a contract under onerous title and thus not a gratuitous benefit.
For such an analysis, comparable life expectancies, genuine uncertainty and economically equivalent performances are important. In the submitted file, there was uncertainty about the legal status of one portfolio after an earlier revocable gift. Hence it could not be established sufficiently that both parties offered an equivalent contribution and chance. The requested confirmation was not granted.
A name on an account is not enough
Regarding securities, it must first be clear who is the legal owner, who receives income and who can manage or reclaim the portfolio. An old deed of gift, a usufruct reservation, a right of revocation or a substitution clause can alter the economic reality. The current account balance therefore does not automatically tell the whole story.
Value fluctuations also require attention. Equality is not measured solely by a single price on one day, but the chosen method must be verifiable and defensible. Moreover, the contract must contain a genuine chance for both parties. If the outcome is virtually certain from the start, it becomes more difficult to speak of a balanced chance contract.
First work out the asset history
Example: two partners each have a securities account of roughly equal value. One account was fully self-built. The other originated years earlier from a gift that can still be revoked. At first glance the amounts appear equal, but legal certainty and control differ. Precisely that difference must be investigated and documented before the contract.
Gather account statements, deeds of gift, management powers of attorney and proof of deposits. Also note who received income and what recovery rights exist. Notariaat Wellens can organise these documents, discuss the desired protection and indicate which questions require tax clarification. Furthermore, record the valuation date and method the parties want to use and who keeps the evidence. Also check if recent asset movements are correctly processed. This decision is case-specific and does not replace an assessment of your own agreements. Would you like to know more? Schedule a meeting in good time before you adjust portfolios or contracts.