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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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crypto fraud & prevention

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

You only need to report your crypto gains when there has been a realized gain, for example upon a sale or a swap (exchanging one coin for another, such as for a stablecoin). As long as the gain exists only on paper, you do not need to report it.


Once a realization occurs, the reporting obligation depends on the nature of the income:

  • Normal management (prudent private management): Not taxable and therefore not currently reportable. From 2026, a 10% capital gains tax is expected to be introduced, meaning that these gains will also become taxable and reportable.

  • Speculative activity: Is taxed as miscellaneous income at 33%, plus municipal surcharges. In that case, you must report the gain in box XV under code 1440-15 (gross), with any costs or losses under code 1441-14 or 1202-50.

  • Professional activity: Is taxed as professional income at progressive rates of 25% to 50%. This income must be reported in boxes XIV and XVII, together with professional expenses and losses.

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


Foreign crypto accounts, such as accounts held with Binance, Kraken, or Coinbase, must also always be reported in the tax return, even if no gains were realized. Report them in box XIII under code 1075-89 and register the account with the Central Point of Contact (CPC) of the National Bank via https://cappcc.nbb.be/my.policy. For more information, see the following article: How do I report my crypto gains in my Belgian tax return?


Do I have to declare my crypto accounts?

Yes, if you have a foreign crypto account held (for example, with Binance, Kraken, Coinbase, Bitvavo, etc.), it is advisable, for pragmatic reasons, to report them in your tax return and register them with the Central Point of Contact (CPC) 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 control the private keys yourself, are under the current rules no reporting obligation, provided that no intermediary is involved.


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


Please note that the new coalition agreement expressly provides that crypto accounts will also be subject to the reporting obligation to the CPC. Reporting such accounts will therefore become more important and easier to verify. For information, see our article: Do You Have to Report Crypto Accounts in Belgium?

What information does the government have about my crypto investments?

From 1 January 2026, cryptoasset service providers are required under DAC8 legislation are required to report information about your identity and crypto transactions to the tax authorities of EU Member States, including Belgium. This information includes your name, address, tax identification number (TIN), and transaction details such as amounts and types of cryptoassets. The information is then exchanged automatically between the tax authorities of the EU Member States.

What is a prudent investor and what is speculation?

A prudent private investment is a form of normal, prudent, and reasonable management of private assets, without the use of professional resources or excessive risks. In the context of crypto, this may involve investing one's own funds, following a buy-and-hold strategy, investing only a limited portion of one's movable assets (preferably less than 25%), and preferably avoiding volatile assets such as so-called memecoins. Gains from such management were tax-exempt up to and including 2025, although the legislature introduced a 10% capital gains tax on crypto gains from 2026. Read more about prudent private management here: Prudent private management versus speculation and abnormal management in Belgium (2026)


Speculation involves high-risk transactions aimed at making a quick profit, often characterized by short holding periods, major price fluctuations, financing with borrowed funds, or a disproportion between the investment and the investor's private assets. In the context of crypto, this can lead to the gain being reclassified as speculative miscellaneous income. Such income is taxed at 33%, plus municipal surcharges. The draft Explanatory Memorandum stated that, when a capital gain on cryptoassets is realized, reference may be made to:

  • The percentage of the taxpayer's movable assets invested in cryptoassets,

  • Whether or not the taxpayer decided to use financing to purchase cryptoassets;

  • Whether the taxpayer uses an automated process or software to purchase cryptoassets, and the number of transactions carried out by the taxpayer.


This is a question of fact, however, and must therefore be assessed on a case-by-case basis.

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 banking in 2026: can you simply deposit crypto gains into your Belgian bank account?


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

For occasional crypto investors following a traditional buy-and-hold strategy, a company generally offers no tax advantage. For active or professional traders, such as day traders, however, establishing a trading company may be more tax-efficient: profits are taxed at 20% to 25% instead of personal income tax of up to 50% plus social security contributions, and preferential profit-distribution regimes such as VVPR-bis or the liquidation reserve may be available. For more information, see our article:

Day trading and crypto: how is it taxed in Belgium?

Investing in crypto: privately or through a company?

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

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


The tax authorities and the Belgian Ruling Commission take the view that staking rewards should be treated as movable income, comparable to interest. This position is not undisputed from a tax-law perspective, however. Arguments can be made that the rewards do not constitute interest and that on-chain staking may be exempt.


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


read more: Crypto taxation: staking and liquidity rewards as miscellaneous or movable income

What is a tax ruling?

A tax ruling is an advance decision issued by the Belgian Ruling Commission (DVB), providing clarity in advance about the tax treatment of a specific situation. In the context of crypto, it can provide legal certainty as to how your crypto gains will be classified for tax purposes—for example, as exempt income, miscellaneous income, or professional income. This helps avoid subsequent disputes with the tax authorities and lets you know exactly where you stand.


Read this article for more information:

Crypto tax ruling: certainty through an advance decision from the tax authorities

Applying for a crypto tax ruling

Is swapping one cryptocurrency for another taxable?

Yes. Exchanging one cryptocurrency for another—for example, BTC for ETH or for a stablecoin such as USDT—may in principle be taxable. Taxation can therefore arise not only when crypto is converted into fiat currency such as euros or dollars. A crypto-to-crypto transaction may also realize a capital gain that is taxable depending on your investor profile.


Is exchanging or swapping cryptocurrencies for other crypto taxable in Belgium?

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

Using cryptocurrency to pay for goods or services is regarded as realizing a capital gain. If the value of the crypto at the time of purchase exceeds its acquisition cost, the gain may be taxable.

This also applies when making a purchase with a so-called crypto credit card, such as one issued by Crypto.com or comparable providers). At the time of the transaction, the crypto is automatically converted into fiat currency, which is regarded as a sale and may therefore give rise to a taxable capital gain.


Crypto as a means of payment: tax treatment and points to consider

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. You can contact us without obligation at the email address below or by completing the form below. We will get back to you as soon as possible. 

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