Taxation of cross-border inheritances and donations (FM nr. 165) 2021/2.2.3:2.2.3 Taxes on gifts

Taxation of cross-border inheritances and donations (FM nr. 165) 2021/2.2.3

2.2.3 Taxes on gifts

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

Most states impose gift taxes on the total value of gifts made by a donor who has a personal nexus with their territory regardless of the situs of the donated property. Some other states impose gift taxes on the total value of gifts received by a donee who has a personal nexus with their territory. Finally, some states impose gift taxes both on the total value of gifts made by a donor who has a personal nexus with their territory and on the total value of gifts received by a donee who has a personal nexus with their territory. In that regard, the personal nexus is often determined under the same concepts used as for death tax purposes1 (i.e. residence, domicile and nationality). Of note is that some states exempt foreign immovable property when they tax in their capacity as states of the personal nexus (as in the case of inheritance taxes).

In most countries where neither the donor nor the donee has a personal nexus with their territory, gift taxes are levied on gifts of the same category of locally situated property as those which are subject to death tax (e.g. an inheritance tax) (the objective nexus).2

On the other hand, the tax jurisdiction in the case of income taxes on gifts is often determined under the income tax rules.

Deze functie is alleen te gebruiken als je bent ingelogd.