The number of registered donations involving ‘moveable property’ like cash, investments or jewellery rose 25 per cent in the first half of this year compared to the same period last year.
This increase was to be expected, says notaries’ federation spokesman Bart van Opstal: “Previously, the donor had to be alive for 3 years to avoid tax having to be paid on a gift, but since 1 January 2025, this has been increased to 5 years. Registering a moveable gift has therefore become more interesting.”
Donate movable property?
Movable property excludes real estate and involves items you can move around. Think of money, jewellery, furniture, investments or art. You can just give these things to someone without registering it, and without paying taxes on it. But then there’s a risk: if you die within five years, the person who received the gift will have to pay inheritance tax on it.
If you don’t want to risk that, you can make a registered gift via a notary. You will then pay gift tax. And that tax is often much lower than inheritance tax, especially when large amounts are involved.
Real estate, on the other hand, is treated differently. A house or land cannot be moved around. An immovable donation always has to be made via a notarial deed. This means you cannot just give it to someone without paying taxes on it.
People more often setting conditions
There may be other reasons for the increase. “We notice that people want more and more conditions attached to their donation. For example, about the purposes for which the money may be used, or about the certainty that they will get help when they become needy,” Van Opstal says.
In addition, a registered donation cannot be disputed by others afterwards.
But a donation is not always the right choice either, according to Van Opstal. “Sometimes we even have to put the brakes on. Donating too quickly without a financial buffer is not a good idea. You should always make sure that you leave enough funds to pay for any medical and care costs later on.”