Contribution of real estate | SRL | Private foundation under Belgian law |
Deed of Incorporation | Notarized deed | Notarized deed |
Legal personality | Yes | Yes |
Statutes | Yes | Yes |
Founders | One or more natural or legal persons | One or more natural OR legal persons |
Management | 1 or more managers | Directors and/or persons delegated to the daily management |
Shareholding | 1 or more shareholders | No partners |
Founders’ responsibility | Yes ( contributions ) | No: no founders |
Directors’ and Officers’ Liability | – | – |
Corporate purpose | Yes | Yes – selfless purpose |
Contribution | 18.550 min. | -No min. – verified by the notary / but assessment of the tax authorities
-7% on donation and leg + attestation The foundation must have a “social character” to benefit from the 7%. |
Liquidation | Liquidation bonus | Agreement of the court of 1st instance –> no bonus –> repossession of assets by donee or donee’s assigns. |
Taxation (real estate) | Corporate taxes
Taxation of income / capital gains / distribution to partners 34% + 30%. |
Taxes of legal persons
Income tax / Capital gains : // pph Distribution to beneficiary(ies): 0 |