Gift Affidavit for the Netherlands

Gift Affidavit Template for Netherlands

A Gift Affidavit under Dutch law (governed by the Burgerlijk Wetboek) is a formal legal document that confirms and records the voluntary transfer of property or assets from one party (donor) to another (recipient) without consideration. The document serves as official evidence of the gift transaction, ensuring compliance with Dutch civil law requirements and gift tax regulations. It includes detailed information about the parties involved, the gifted property, the voluntary nature of the transfer, and acknowledgments regarding tax obligations. For certain high-value gifts or real estate transfers, the document must be executed before a Dutch notary public.

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What is a Gift Affidavit?

A Gift Affidavit is a crucial document in Dutch property and tax law, used to formally document and verify the voluntary transfer of assets or property without consideration. This document is particularly important in the Netherlands due to specific requirements under the Dutch Civil Code (Burgerlijk Wetboek) and gift tax regulations (Successiewet 1956). The Gift Affidavit serves multiple purposes: it provides clear evidence of the donor's intention, helps establish the date of transfer for tax purposes, and creates a formal record of the transaction. It's commonly used in family wealth transfers, charitable donations, and estate planning. The document becomes especially critical when the gift value exceeds certain thresholds requiring notarial intervention or when specific tax exemptions are being claimed. The affidavit typically includes detailed information about the parties, comprehensive description of the gifted property, declarations regarding the voluntary nature of the transfer, and acknowledgments of tax obligations.

What sections should be included in a Gift Affidavit?

1. Identification of Parties: Full legal names, addresses, and identification details of the donor and recipient

2. Statement of Purpose: Clear declaration that this is an affidavit regarding a gift transfer

3. Gift Description: Detailed description of the gift including value, characteristics, and any identifying information

4. Declaration of Voluntary Transfer: Statement confirming the gift is made voluntarily, without coercion or consideration

5. Ownership Confirmation: Donor's declaration of full ownership and right to transfer the gifted property

6. Delivery Details: Information about when and how the gift was or will be transferred

7. Tax Acknowledgment: Statement acknowledging gift tax obligations and responsibility for tax reporting

8. Date and Location: When and where the affidavit is executed

9. Execution: Signature blocks for the donor and any required witnesses

What sections are optional to include in a Gift Affidavit?

1. Notarial Declaration: Required for high-value gifts or real estate transfers, includes notary's confirmation and seal

2. Relationship Statement: Description of the relationship between donor and recipient, relevant for tax exemptions

3. Prior Gifts Declaration: Statement about any previous gifts made within the relevant tax period

4. Conditions or Restrictions: Any specific conditions attached to the gift, if applicable

5. Spousal Consent: Required if the donor is married under a community property regime

6. Value Appraisal Reference: For high-value items requiring professional valuation

What schedules should be included in a Gift Affidavit?

1. Property Description Schedule: Detailed technical or legal description of the gifted property

2. Photographic Evidence: Photos or visual documentation of the gifted item(s)

3. Valuation Report: Professional appraisal or valuation documentation

4. Tax Calculation Appendix: Calculation of applicable gift tax or demonstration of tax exemption

5. Supporting Documents: Copies of relevant ownership documents, certificates, or registrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Private Wealth Management

Real Estate

Family Business

Banking & Financial Services

Art & Collectibles

Non-Profit & Charitable Organizations

Estate Planning

Personal Banking

Luxury Goods

Professional Services

Relevant Teams

Legal

Tax Advisory

Wealth Management

Private Banking

Estate Planning

Compliance

Property Services

Family Office

Financial Advisory

Trust Administration

Relevant Roles

Tax Attorney

Estate Planning Lawyer

Notary Public

Wealth Manager

Private Banker

Tax Advisor

Property Lawyer

Family Office Manager

Estate Administrator

Financial Advisor

Philanthropy Advisor

Trust Officer

Compliance Officer

Property Appraiser

Industries
Teams

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