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FAQ over tax on crypto income

What are the consequences of the (proposed) value added tax on crypto?

Starting in 2026, the bill (and confirmed in the final agreement) provides for a 10% capital gains tax on realized gains on financial assets, including crypto assets (note: this does not apply to NFTs). Historical capital gains accrued before the implementation remain exempt. The distinction between normal and speculative management will not disappear, contrary to earlier reports. Speculative capital gains will remain taxed at 33%.


The original bill proposed calculating taxable capital gains based on the weighted average acquisition cost, abandoning the FIFO or LIFO method. However, the explanatory memorandum accompanying the final agreement clarified that the FIFO method would still be retained as the standard for calculating capital gains on identical crypto assets. Capital losses can only be offset against capital gains within the same asset class within the same year, without transferability to other years.


NFTs and unique digital collectibles are generally not subject to the solidarity contribution. Income from mining, staking, or DeFi remains subject to existing tax rules (moveable income) for the time being.

Do I have to declare my crypto profits?

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, you must declare the profit.

  • Professional activities : Taxed as professional income at progressive rates of 25% to 50%. This income must also be declared.

  • 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?

How do I declare my crypto tax?

The tax treatment of crypto profits depends on how your activities are classified:

  • Normal management : Profits are currently tax-free and do not need to be declared. A 10% capital gains tax may apply from 2026.

  • Speculative (miscellaneous income) : Taxed at 33% + municipal surcharges. Indicate in box XV, code 1440-15 (gross), with any costs/losses under code 1441-14 or 1202-50.

  • Movable income : Such as strikes or interest. Taxed at 30%. Report in box VII, code 1444-11.

  • Professional : Intensive or professionally organised trade. Taxed as professional income at 25%–50%. Declare in boxes XIV and XVII, indicating professional expenses and losses.


Foreign crypto exchange? Report this in box XIII (code 1075-89) and declare the account to the National Bank's CPC via https://cappcc.nbb.be/my.policy .


If you would like more information about declaring your profits, please read our article: How do I declare my crypto profits in my Belgian tax return?

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 are speculative trades?

Speculation involves risky transactions aimed at quick profits, often characterized by short holding periods, large price fluctuations, financing with borrowed money, or a mismatch between the investment and personal assets. In the context of crypto, this can lead to reclassification of the profit as speculative miscellaneous income. Such income is taxed at 33%, plus municipal surcharges. The Explanatory Memorandum (draft) stated that, in the context of realizing a capital gain on crypto assets, reference can be made to:

  • The percentage of the movable assets that the taxpayer invests in crypto assets,

  • The taxpayer's decision whether or not to use financing for the purchase of crypto assets;

  • The determination that the taxpayer uses an automated process or software to purchase crypto assets and the number of transactions the taxpayer has made.


However each case must be examined on a case-by-case basis.

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 makes a prudent investor?

A prudent investment is a form of normal, prudent, and reasonable management of one's private assets, without the use of professional resources or excessive risks. In the context of crypto, this means, for example, investing with one's own funds, following a buy-and-hold strategy, investing only a limited portion of one's assets (preferably less than 25%), and preferably not in volatile assets such as so-called meme coins. Profits from such management are generally tax-free, although the legislature is providing for a 10% capital gains tax on crypto profits starting in 2026.


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

Wat is staking en hoe wordt het fiscaal behandeld in België?

Staking betekent het vastzetten van crypto om het netwerk te ondersteunen en daarvoor rewards te ontvangen.


De administratie en de Dienst Voorafgaande Beslissingen zijn van mening dat staking rewards als roerende inkomsten moeten worden behandeld, vergelijkbaar met intresten. Deze stelling is echter fiscaal-juridisch niet onomstreden. Er zijn argumenten om te stellen dat er geen sprake is van intresten en dat onchain-staking mogelijk vrijgesteld is.


Op dit moment wordt het aangeven van staking rewards als roerende inkomsten beschouwd als de veiligste fiscale aanpak.

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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