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FAQ over tax on crypto income

Capital gains tax (Belgium) 2026

Cryptoassets and banks

tax on crypto income

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Do I have to declare my crypto gains, and how can I do so correctly?

You only have to declare your crypto profits when there is a realised profit , for example in case of sale or in case of a swap (exchange from one coin to another, such as a stablecoin). As long as it's only a paper profit, you don't have to declare anything.


Once a realization has occurred, the obligation to declare depends on the nature of the income :

  • Normal management (good father) : Not taxable and therefore not declarable for the time being. A 10% capital gains tax will likely be introduced starting in 2026, making these profits taxable and declarable as well.

  • Speculative behavior : Taxed as miscellaneous income at 33% plus municipal surcharges. In that case, the gain must be reported in Box XV, code 1440-15 (gross), with any costs or losses reported under code 1441-14 or 1202-50.

  • Professional activities : Taxed as professional income at progressive rates of 25% to 50%. These gains must be declared in Boxes XIV and XVII, with the inclusion of professional expenses and losses.

  • Movable income , such as staking or participation in liquidity pools , are taxable at 30% and must be declared in the tax return.


In addition, foreign crypto accounts, such as those on Binance, Kraken, or Coinbase, must always be declared on tax returns and with the Central Contact Point (CCP) of the National Bank of Belgium, even if no profits were realized. For more information, see the following article: Do I have to declare my crypto profits in Belgium?

Do I have to declare my crypto accounts?

Yes, if you hold a foreign crypto account (for example, with Binance, Kraken, Coinbase, Bitvavo, etc.), you must declare it in your tax return and register it with the Central Contact Point (CCP) of the National Bank of Belgium, provided that the wallet is managed by a foreign financial institution (custodial wallet).


For non-custodial wallets , such as hardware wallets (e.g. Ledger) or software wallets (e.g. Exodus) where you manage the private keys yourself, there is no reporting obligation under current rules, as long as there is no intermediary.


You can declare your crypto account on this site: https://cappcc.nbb.be/my.policy


Note: the new coalition agreement explicitly states that crypto accounts will also be subject to the reporting obligation to the CAP. Reporting such accounts will therefore become more important and verifiable. For more information, see our article: Are You Required to Report Crypto Accounts in Belgium?

What information does the government have about my crypto investments?

From January 1, 2026, crypto service providers are required to report information about your identity and your crypto transactions to the tax authorities of EU member states, including Belgium. This information includes your name, address, tax identification number (TIN), and details about your transactions, such as amounts and types of crypto assets. This data will then be automatically exchanged between the tax authorities of the EU member states.

What is a prudent investor and what is speculation?

A prudent investor approach refers to normal, cautious, and reasonable management of private wealth, without the use of professional means or excessive risk-taking. In the context of crypto, this may include investing with one’s own funds, following a buy-and-hold strategy, allocating only a limited portion of movable assets (preferably less than 25%) to crypto, and avoiding highly volatile assets such as so-called memecoins.


Gains derived from such management remain tax-free up to and including 2025, although the legislator provides for a 10% capital gains tax on crypto gains from 2026 onwards.


Speculation involves high-risk transactions aimed at generating rapid profits, often characterized by short holding periods, significant price volatility, leveraged financing, or a disproportion between the investment and the taxpayer’s overall private wealth. In the context of crypto, this may lead to a requalification of the gain as speculative miscellaneous income. Such income is taxed at 33%, increased by municipal surcharges. In the draft Explanatory Memorandum, it was stated that, in assessing the realization of a gain on cryptoassets, reference may be made to:

  • The percentage of the taxpayer’s movable wealth invested in cryptoassets,

  • The taxpayer’s decision to use financing or not for the acquisition of cryptoassets,

  • The fact that the taxpayer relies on automated processes or software to purchase cryptoassets, and the number of transactions carried out.


Ultimately, this remains a factual assessment, meaning that each case must be evaluated individually.


You can read more about responsible investing here: Investing in crypto as a prudent investor: no taxes for the time being

Can I simply transfer my crypto earnings to my Belgian bank account?

Often not. Banks are legally obligated to verify the origin of funds (KYC/AML). Deposits from crypto therefore often raise additional questions about your investments, tax compliance, and the origin of the funds.


Without a properly substantiated case, the bank can refuse or block your deposit. Transfers via neobanks like Revolut also don't escape these checks—they can even raise additional suspicion.


If the bank is not convinced of the legality or transparency of the transaction, it may be required to report it to the CFI (Financial Intelligence Processing Unit), the Belgian anti-money laundering unit. Such a report is confidential and can lead to further investigation by the tax authorities or even police questioning. A well-prepared and transparent file is therefore essential.


For more information, read our extensive article: crypto and the bank


Is it beneficial to set up a company for my crypto activity?

For those who occasionally invest in crypto using a traditional buy-and-hold strategy, a company generally doesn't offer a tax advantage. However, for active or professional traders (such as day traders), establishing a trading company can be more tax-efficient: profits are taxed at 20% to 25% (instead of up to 50% personal income tax + social security contributions), and there are favorable profit distribution regimes, such as VVPRbis (Royal Dutch Tax Act) or the liquidation reserve.


For more information, see our article: Day trading in crypto

What is staking and how is it treated for tax purposes in Belgium?

Staking means locking up crypto in order to support the network and receiving rewards in return.


The tax administration and the Belgian Ruling Commission take the view that staking rewards should be treated as movable income, comparable to interest. This position, however, is not uncontroversial from a legal tax perspective. There are arguments to suggest that staking does not constitute interest and that on-chain staking could potentially be exempt.


At present, reporting staking rewards as movable income is generally considered the safest tax approach.

What is a tax ruling?

A tax ruling is an advance decision from the Advance Rulings Service (DVB) that provides you with upfront clarity about the tax treatment of a specific situation. In the crypto context, this means you can gain legal certainty about how your crypto profits are classified for tax purposes—for example, as exempt, miscellaneous, or professional income. This way, you avoid subsequent disputes with the tax authorities and know exactly where you stand.


Read this article for more information: Certainty about crypto tax: the usefulness of a tax ruling

Is swapping one cryptocurrency for another taxable?

Yes, exchanging one cryptocurrency for another (for example, from BTC to ETH, or to a stablecoin like USDT) can, in principle, be taxable. Therefore, it's not the case that only converting crypto to fiat currency (such as euros or dollars) can trigger taxation. Crypto-to-crypto transactions can also generate a capital gain that—depending on your investor profile—is taxable.

Do I have to pay taxes if I use my crypto to buy goods or services?

Using cryptocurrency as a means of payment for goods or services is considered a capital gain. If the value of the cryptocurrency at the time of purchase exceeds the purchase price, it may be taxable.


This also applies when you make a purchase with a so-called crypto credit card (such as the one from Crypto.com or similar providers). In that case, a conversion from crypto to fiat is automatically performed at the time of the transaction, which is considered a sale with a potential taxable capital gain.

Can I deduct losses or capital losses on my crypto investments for tax purposes?

Yes, if the profits from your crypto investments are taxable as miscellaneous income (for example because they are considered speculative), then losses or capital losses can in principle be deducted from the realised profits of that same year.


In addition, these losses can be carried forward for five years: you can therefore use them to offset profits in the next five tax years, provided that you have declared them spontaneously and correctly in your tax return for the year in which the loss was incurred.


Please note: this scheme does not apply to losses within the context of normal management of private assets (the so-called "good father"), as capital gains are not taxable in that case either.

Contact

Aeacus Lawyers is at your service for all your legal questions. Feel free to contact us via the email address below or by completing the form. We'll get back to you as soon as possible.

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