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Comparison between a foundation and a patrimonial company (commercial or civil but with legal personality)

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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