28/6/24

Pensions in Belgium and abroad, a complex matter with many opportunities for optimisation and planning

Understanding, analysing, and optimizing pensions requires extensive legal knowledge and expert assistance, especially in international situations.

Belgium has a complex pension system consisting of statutory pensions, supplementary (company) pensions, and individual pension plans. For people who live and work or have worked in Belgium, it is essential to gain a good understanding of how these different components relate to each other, especially when there is a previous career abroad.

International pension planning brings additional complications. Employees who have spent time in countries such as Canada, the United Kingdom (UK), and the United States must take into account the specific pension schemes of these countries. Each country has its own rules and systems, meaning expert legal analysis is needed to determine how these pensions can best be integrated and optimized.

International tax treaties sometimes provide guidelines, but a good knowledge of the various national systems is equally essential, especially to understand the relationship with taxation and inheritance tax.

Canada

In Canada, the pension system is based on three pillars: the Canada Pension Plan (CPP) retirement pension, the Old Age Security Pension (OAS), and various private pension schemes.

Legal expertise is required to understand and optimize the interactions between these different pillars and the Belgian pension rights.

The UK

The UK has a complex pension system, including the usual but rather modest State Pension, alongside a range of work-related and personal pensions. After Brexit, new challenges have arisen for managing pension rights between the UK and the EU, including Belgium.

Although various new agreements have been concluded since then, attention is still required for the pension rights already accrued in both countries.

The United States

In the United States, the pension system consists of a rather modest public pension, Social Security, but mainly relies on widespread and diverse corporate pension schemes (the most well-known being the 401(k)) and individual retirement accounts (IRA).

The interaction between the American and Belgian systems can be complex due to different tax rules and pension benefits that are often conventional and also taxed differently in the United States.

Legal assistance

The role of legal assistance and analysis is crucial in optimizing pensions in international contexts. This includes understanding the rights and obligations of employees or self-employed persons in each country, optimizing pension accrual, and minimizing tax obligations. Legal experts can also assist with completing the necessary documentation, applying for benefits, and avoiding double taxation by using bilateral treaties.

With the right legal support, both Belgian and international employees, business leaders, or self-employed individuals can optimize their pension strategies, secure their financial future, and ensure they get the most out of their pension rights, regardless of where they have worked.

At Vanbelle Law Boutique, together with our partners at VB Alliance (www.vb-alliance.com), we have the international expertise to properly analyse your pension situation and advise you towards a financially and fiscally favourable wealth accumulation with as low a tax burden as possible in the end.
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