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Practice Areas

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Tax fraud and tax adjustment declarations

Unlike before, when bearer securities and a banker’s duty of secrecy still existed, resolute action is taken against tax fraud today. Infringements that have already become time-barred from a fiscal point of view may still be subject to criminal prosecution as a money-laundering offence. Even recent tax adjustment declarations that took place in compliance with the then applicable laws are still examined by the public prosecutor’s department. Attempts are increasingly made to recover all unpaid taxes.

Obviously, the fact that the government is now receiving data automatically makes a strict fraud policy and criminal prosecution a lot easier. It is therefore advisable to take proactive action and to proceed to a(n additional) tax adjustment declaration.

If you are already prosecuted by the public prosecutor’s department, it is important to first assess how strong your case is. Deknudt Nelis Lawyers can assist you in any tricky situation you may find yourself in.

We provide assistance in the following matters:

– Requests for information
– Negotiations with the tax authorities and the public prosecutor’s department
– Tax adjustment declaration
– Assistance in case of hearings
– Out-of-court settlements
– Assistance in criminal proceedings
– …

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Family- and property-related conflicts

Deknudt Nelis Lawyers provides assistance in your attempts to settle inheritance problems, divorce problems and conflicts between/with shareholders.

Deknudt Nelis Lawyers provides assistance in your attempts to settle inheritance problems, divorce problems and conflicts between/with shareholders.

In spite of all the emotions, it’s important to keep a clear head and to try to reach an agreement. We will initially engage in mediation and provide guidance to your adversary and yourself in order to reach a compromise. After all, an out-of-court settlement is in most cases preferable to a lawsuit.

If an agreement cannot be reached, we will guide you through your divorce procedure, inheritance dispute or company law dispute. In addition to an in-depth knowledge of divorce law, inheritance law and company law, Deknudt Nelis Laywers offers long-time experience and tactical insight with a view to building a strong position in these legal proceedings and achieving a positive outcome.

We provide assistance in the following matters:

– Settlement and distribution of matrimonial property and estates
– Disputes relating to donations, wills and inheritance agreements
– Claims of advance payments on settlements and distributions
– Inventories – affixing of seals – appointment of receiver
– Conversion of usufruct
– Adoption – Parentage – Administration
– Attachment procedures
– Assistance in divorce with mutual consent
– Procedures between shareholders and conflicts with directors
– …

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Tax advice and procedures

Obviously, you want to keep your tax bill to a minimum. This is becoming increasingly difficult as legislators are closing loopholes. There is always the threat of anti-avoidance provisions. Tax authorities are taking increasingly strict measures.

We provide guidance for a large number of transactions involving major tax-related interests: the purchase or sale of immovable property, the incorporation of a family holding, the distribution of accrued profits of your company, a merger or demerger, the preparation of the sale of your company, the start of a new activity,…

We often consult with the tax authorities in advance and try to obtain a ruling that gives you absolute certainty. Obviously, we are also at your service if you are already involved in a dispute with the tax authorities.

It is increasingly necessary to look beyond the borders. You want to incorporate a second residence abroad in your assets in the best possible manner. You wonder whether it may be interesting to move your company’s registered office abroad. You want to emigrate or prepare your emigration. Deknudt Nelis Lawyers can assist you with all these issues, in consultation with our (or your) network abroad.

We provide legal assistance in the following matters:

– National and international income tax
– Registration duties
– Holding and asset management companies
– Emigration and immigration of companies and private individuals
– Mergers and demergers
– Cayman tax
– (Preparation of) sale of companies
– Immovable property (in Belgium and abroad)
– Ruling practice – consultations with tax authorities
– Requests for information
– Distribution of profits of the company
– Tax procedures
– …

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Succession planning and assistance in inheritance tax declarations

Deknudt Nelis Lawyers consults with you to elaborate an appropriate plan for your assets after your passing.

Do you want to donate part of your assets but still retain control and part of your income? Do you want to protect the surviving spouse? Do you want to exclude some of your children as much as is legally allowed? We will confer with you to find out what your legal options are.

Quite often, taxes are an important factor in this respect. Of course you want to reduce inheritance taxes to a minimum for the people you leave behind. However, the tax authorities are increasingly imposing measures to prevent tax optimisation. Legislation, tax positions and case law are constantly evolving. More than ever, our in-depth specialisation in this matter is indispensable to stay one step ahead of the tax authorities or to eventually get the upper hand in tax-related legal proceedings.

If you have lost your partner or a parent, it will be our pleasure to assist you in making the best possible choice within the context of your prenuptial agreement and in adequately making your inheritance tax declaration. Finally, we also represent you in disputes with the tax authorities with respect to donation and inheritance tax.

We provide legal assistance in the following matters:

– Prenuptial agreements and cohabitation agreements
– Wills
– Donations
– Control structure (partnership, foundation, stichting administratiekantoor, holdings, trust)
– Family law (adoption, parentage, administration,…)
– Immovable property (in Belgium and abroad)
– Inheritance agreements
– Transfer and management of art collections
– Rulings
– Lasting power of attorney
– Private international law
– Assistance for inheritance tax declarations
– Procedures relating to inheritance and donation tax
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Business succession

Some of your children want to succeed you in your business and others do not. All your children are already working in the business, but some contribute more than others. You have young children and you fear for the future of your business should you suddenly be unable to continue your activities. The share ownership of your company is already fragmented and this fragmentation will only continue with the next generation.

These are all situations for which an optimal and proactive solution is crucial and where not only knowledge of legal and tax-related matters plays a role, but very often also a practical approach to every individual situation.

Deknudt Nelis Lawyers has extensive knowledge and experience to assist you in the transfer of your family-owned business, in finding the appropriate structure and in drawing up a customised family charter.

We provide assistance in the following matters:

– Shareholders’ agreements
– Family charters
– Control structure (partnership, stichting administratiekantoor, holding)
– Demergers
– Inheritance agreements
– Corporate law
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