In a notarial donation, you can choose between the drawing up of the act of donation by a Belgian or a foreign (eg Dutch) notary.
If the gift is done by a Belgian notary, there will automatically and immediately be a gift tax due at a rate of 7% on the value of full ownership of the goods you donate. The payment of the gift tax means that no later succession duties are owed on those goods, even if you die within three years after the donation.
You can also choose to have the gift to be executed by a foreign notary (eg a Dutch). The advantage is that the donation gets a fixed date by the notarial act, which is beneficial to the probative value, while in principle Belgian nor Dutch gift tax have to be payed.
From the fiscal point of view ,since the day of the gift a three-year term starts to run. If you survive this period , no inheritance tax will be owed on the donated goods. If he /she dies in this three-year period, there still will be an inheritance tax at arate of 8.8% owed to the extent tax purposes at the time and place of death in the Flemish Region. (Brussels Capital Region 6.6%) (Walloon Region 7%). The succession duties are obviously paid by the UZ Brussel.
Although the possibility exists for the act to be registrated voluntarily in Belgium (Dutch). The advantage is that the three-year period is avoided: even in death within three years after the donation , no additional inheritance tax need to be payed. This voluntary registration can for example be appropriate if you are seriously ill and if there is a risk that you could die within three years after the donation.