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The draft legislation introduces a 10-percent tax on capital gains from financial assets realised by Belgian tax residents within the normal management of their private assets.
The draft law broadly defines "financial assets" and includes financial instruments, insurance contracts, cryptocurrencies, and currencies.
Taxable capital gains are calculated as the difference between the acquisition price and the transfer price of the assets. The first EUR 10,000 (subject to annual indexation) will be exempt. If the exemption is not used, an additional exemption of (maximum) EUR 1,000 can be claimed in the next year for five years in a row, resulting in a possible maximum exemption of EUR 15,000 after five years.
A separate regime applies to substantial holdings, where a taxpayer holds more than 20 percent of a company's shares, with a progressive tax rate from 1.25 percent to 10 percent and a maximum exemption of EUR 1,000,000 over five years.
Losses Can Be Deducted under Specific Conditions, Exit Tax, and Reporting Obligations
The tax is foreseen to apply from 1 January 2026, with mechanisms to avoid taxing historical gains. The acquisition price for assets held before this date will be based on their value on 31 December 2025.
An exit tax is introduced for Belgian tax residents transferring their tax residency abroad and realising a gain within two years. Deferred payment options are available under certain conditions.
Reporting requirements include a 10-percent withholding tax by Belgian intermediaries, with the possibility for taxpayers to opt-out and self-declare.
