When a surface right ends, and your company has built a building on your privately-owned land, there are tax implications to consider.
On a personal level, you will be subject to a taxable benefit in kind (ATN) when the underlying owner becomes the owner of the property at the end of the surface right. The ATN amount equals the real value of the property at the time of acquisition, minus any potential indemnity.
Regarding your company, if the surface right ends without the payment of an indemnity, and the book value of the property is zero, there are no tax consequences.
However, if an indemnity is paid, the difference between that indemnity and the book value of the property constitutes a taxable capital gain for the company.
Regarding registration duties, generally, the underlying owner will only pay the fixed duty of €50 upon acquiring the property at the end of the surface right.
However, there is an exception to this rule if the underlying owner is also a shareholder of the surface-owning company. In this case, they will have to pay the sales tax, which is 12.5% in Wallonia and Brussels or 12% in Flanders, based on the real value of the property.
