Gift of house under construction

Until 31 December 2014, you can donate up to €100,000 tax-free, regardless of who is donated to and what age he or she is. The condition is that the donation is spent on the purchase/construction, improvement or maintenance of an owner-occupied home or on repayment of the owner-occupied home debt. It is important that the donation has actually been used for the intended purpose no later than 31 December 2014, except if the donation is used for maintenance of the home. In that case, the maintenance may still be carried out in 2015 or 2016.

It was announced some time ago that even in the case of new construction, the amount of the exempted donation does not have to have been used (in full) in 2014. In a decision dated 5 November 2014 (BLKB2014/1865M), the State Secretary of Finance formulates the conditions of this approval:
- the house under construction is an owner-occupied property for the donee on 31 December 2014;
- the ownership of the building land (the right of emphyteusis, superficies or flat right) has been delivered to the donee by notarial deed no later than 31 December 2014;
- in 2014, at least 10% of the donated amount was spent on the aforementioned right or on expired instalments concerning the house under construction;
- the unspent amount of the donation on 31 December 2014 will be spent in 2015 on the next building instalment(s) which all expire in 2015.

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