Viager

Senior couple on the couch at home

01

Definitions

Viager is a form of property sale based on a notarised sales contract between a seller (creditor) and a purchaser (debtor).

 

In a viager transaction, the seller, usually aged 70, transfers ownership of the property to the purchaser, but retains the right to occupy it for the rest of his or her life.

 

In return, the buyer undertakes to pay the seller a capital sum, known as the bouquet, which is paid at the time of the sale, as well as an annuity usually monthly, for as long as the seller lives.


The amount of the annuity is determined on the basis of various factors, such as the seller’s age, the value of the property and the amount of the mortgage. the value of the property and current interest rates.

 

02

Advantages of Viager

A new solution for homeowners

 

  • An innovative way to finance your retirement
  • The possibility of continuing to live in your own home, close to your family and your interests, without having to pay
    mortgage charges
 

Benefits of Viager

 

  • Improved purchasing power thanks to the bouquet and an additional annuity
  • Settlement of the estate for the property
  • Be able to make a gift during your lifetime
  • Guaranteed additional monthly income
Portrait of a senior couple at home
Senior couple on the couch at home

03

Buying through Viager

It is important to remember that only the authenticated form is valid for Viager.

 

For this reason, it is imperative always to use a notary or a qualified public officer to draw up, certify and sign the sale contract terms. “Registration in the Land Register makes the deed enforceable against third parties. This ensures the transparency and legal certainty of property transactions.

04

What's to note on Viager

  • Capital gains tax: When a vendor sells a viager property, he or she may be liable for capital gains tax, which is calculated on the difference between the sale price and the property’s purchase price. However, in some cases, exemptions or allowances may apply. 
 
  • Tax on the Viager: The vendor receives a viager from the purchaser, treated as taxable income. The tax on the viager will depend on the tax legislation in force in the country where the transaction occurs.
 
  • Property tax which the owner of the property generally pays, can be transferred to the purchaser as part of a viager sale. However, this must be specified in the contract.
 
  • Tax on rental value: the vendor, i.e. the creditor, will continue to have to pay tax on rental value, which is a tax on owners or usufructuaries of the property. This is a tax that applies to owners or usufructuaries of real estate. 
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