Are these measures already official?
Not yet. This article discusses a draft law that still needs to go through several steps, including approval by parliament and publication in the Moniteur belge. Until these steps are completed, changes may still occur, and the measures are not yet legally binding. Through Lex4You, we will keep you informed of further developments.
Who is this capital gains tax applicable to?
The proposed capital gains tax applies to:
- Natural persons residing in Belgium (subject to personal income tax)
- Legal entities (subject to corporate tax), such as non-profit organisations and foundations.
Companies (subject to corporate tax) are excluded from the capital gains tax.
Which financial assets are targeted?
The term ‘financial assets’ should be interpreted broadly and includes the following categories:
- Financial instruments such as warrants and stock options
- Certain insurance contracts
- Crypto-assets
- Currency
What is the rate of the capital gains tax?
The rate of the capital gains tax is 10% on realised capital gains starting from January 1, 2026.
Under certain conditions, an amount of 10,000 euros per person per year remains exempt.
How is the collection carried out?
The collection of the capital gains tax can occur in 2 ways.
Opt-in (withholding tax)
In the opt-in system, the capital gains tax is automatically withheld at source, usually by the Belgian financial intermediary (such as a bank).
Your employee does not need to do anything: the tax is settled immediately.
Since the withholding tax occurs from the first euro, the annual exemption of 10,000 euros is not taken into account. This can potentially be reclaimed later through the declaration.
Opt-out
In the opt-out system, no tax is withheld at the time of sale.
It is then up to the intermediary to inform the tax authorities about the realised capital gains and the identity of the beneficiary. This allows the tax administration to verify whether the taxpayer has correctly included this information in their declaration.
The taxpayer must therefore include the capital gains in their declaration themselves; otherwise, they cannot apply the exemption of 10,000 euros.
Transitional period
Until the publication of the law, opt-out will temporarily remain the standard, as no mandatory withholding tax can take place yet. The draft law also provides for a transitional arrangement of six months: from January 1, 2026, to June 30, 2026, no withholding tax can be applied. During this period, the taxpayer will therefore be responsible for declaring the realised capital gains themselves.
