The Down Payment Gift Letter is a crucial document in Belgian real estate transactions where part or all of a property down payment comes from a monetary gift. It is commonly used when family members or close relations assist in property purchases by providing funds for the down payment. The document serves multiple purposes: it satisfies mortgage lenders' requirements for proof of down payment source, complies with anti-money laundering regulations, and establishes a clear record for tax purposes across Belgium's regions (Brussels, Flanders, and Wallonia). The letter must include specific declarations about the gift's nature, amount, and irrevocability, while also addressing Belgian banking regulations and regional gift tax implications. This document is particularly important as it helps distinguish genuine gifts from loans and ensures transparency in property transactions while protecting both donors' and recipients' interests under Belgian law.
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1. Date and Location: Current date and place of execution of the letter
2. Donor Information: Full legal name, address, and contact information of the person(s) giving the gift
3. Recipient Information: Full legal name, address, and contact information of the person(s) receiving the gift
4. Gift Amount Declaration: Explicit statement of the monetary amount being gifted, written in both numbers and words
5. Purpose Statement: Clear declaration that the gift is intended for use as down payment for property purchase
6. Property Information: Address and basic details of the property for which the down payment is intended
7. No Repayment Statement: Explicit declaration that the money is a gift and not a loan, with no expectation of repayment
8. Source of Funds: Declaration of the origin of the gifted funds to comply with anti-money laundering requirements
9. Signatures: Space for dated signatures of both donor(s) and recipient(s)
1. Relationship Statement: Statement describing the relationship between donor and recipient - useful when required by specific mortgage lenders
2. Tax Acknowledgment: Statement acknowledging awareness of potential gift tax implications - recommended when gift exceeds tax-free thresholds
3. Witness Section: Space for witness signatures - required if the gift amount exceeds certain thresholds or if requested by the mortgage lender
4. Spousal Consent: Consent from donor's spouse if the gift comes from joint assets - required when donor is married under certain property regimes
5. Transfer Timeline: Expected date of fund transfer - optional but useful for larger gifts or when timing is crucial for the property purchase
1. Proof of Funds: Bank statements or other documentation showing the availability of gifted funds
2. Identity Documentation: Copies of identification documents for all parties involved
3. Bank Transfer Details: Banking information for the transfer of funds
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