“It depends on the heritage of the person offering the gift,” specifies notary Renaud Grégoire. “It is clear that a gift offered by Bill Gates would not be of the same magnitude as that given by an average citizen. The family context also plays a role. If there is an estate in which there is not much and we find that the deceased had given 5,000 euros under the pretext of a Christmas present, we could indeed consider this as a donation.
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In Wallonia, the tax authorities can go back 5 years in the deceased's accounts to ensure that there has been no payment that could be considered a donation.
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On the other hand, “giving an envelope of 500 euros to all your grandchildren at Christmas, even if it constitutes a lot of money, could be accepted by the tax authorities as a gift. On the other hand, if you pay every month 500 euros to a grandchild begins to constitute a potentially taxable donation. Repetition is important to qualify a gift as a donation or not.
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Some tips when giving a valuable gift
In summary, to avoid the classification of gifts as donations following a death, it is advisable to offer a gift of a value proportional to one's assets, to indicate on a bank transfer: Christmas gift or birthday. Avoid the terms “gift” or “donation.” Finally, these gifts do not have to be paid regularly.
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