Real estate

We advise clients on all real estate transactions:

  • the direct acquisition of real property or the indirect acquisition via a company;
  • the financing of an acquisition of real property and pre- and post-acquisition structuring;
  • project development and infrastructure projects (VAT, stamp duties, ...);
  • the use of rights in rem such as long leases (emphythéose), building rights (droit de superficie), and usufruct for projects;
  • leasing and sale & lease-back transactions;
  • restructuring rental and leasing agreements within the scope of VAT;
  • real-estate funds and REITs;

Real estate transactions are liable to registration taxes, but may also be liable to VAT. The latter is by far preferable since it reduces the cost of the transaction.

However, not all transactions fall within the scope of the VAT. It is only recently that Belgium authorised rentals that would be subject to VAT.