The capital gains tax will apply under both the personal income tax and corporate income tax, with a broad scope that explicitly includes crypto assets.
Belgium’s Council of Ministers has approved in second reading a draft bill introducing a tax on capital gains from financial assets, following a proposal by Finance Minister Jan Jambon.
This announcement was made on 12 December 2025.
The capital gains tax applies under both the personal income tax and the corporate income tax, with a broad scope that explicitly includes crypto assets.
The standard rate is set at 10%, with provisions allowing the deduction of losses realised within the year. Taxpayers will benefit from an annual exemption of EUR 10,000, which can rise to EUR 15,000 under certain conditions.
Who pays the tax
Tax is due by the owner or bare owner of the transferred assets, and in the case of insurance contracts, by the beneficiary.
Withholding tax
A special regime will apply to taxpayers holding a “substantial interest”. This regime applies when the taxpayer owns at least 20% of the company’s rights. In such cases, a progressive scale applies, ranging from 1.25% to 10%.
A 10% withholding tax will also apply to financial instruments and insurance contracts subject to the capital gains tax, excluding substantial shareholdings or transfers to one’s own company. Taxpayers can opt out of this withholding tax by notifying the tax administration by 30 June 2026.
The withholding tax will apply 10 days after the law’s publication in the Official Gazette.
Taxpayers can choose to have withholding tax applied retroactively from 1 January 2026 until the law’s publication, with payment due by 30 September 2026.
For insurance contracts and capitalisation transactions, an automatic opt-out applies from 1 January to 30 June 2026, but taxpayers may request withholding if they prefer.
The capital gains tax, as outlined in Bill No. DOC 56 1244/001, submitted to the Belgian parliament on 17 December 2025.
The tax rules are set to take effect on 1 January 2026, with a transitional provision.
The draft bill will be submitted to the King for signing, paving the way for its formal submission to the Chamber of Representatives.
Exemptions
The Belgian government protects small and medium savers with an annual EUR 10,000 per person exemption, indexed to inflation. This exemption can rise to EUR 15,000 for individuals who have not withdrawn any capital gains in the previous five years.
Other exemptions include:
- Income from certain offshore structures (like trusts or low-taxed companies) that are taxed in Belgium.
- Gains from ending joint ownership due to death, divorce, or the end of a cohabitation, if within three years.
- Pension savings and group insurance policies.
- Share exchanges in mergers or restructurings, as long as cash paid is no more than 10% of the new shares and the transferring company gets at least 50% of voting rights in the new company.
