top of page

FAQ over Capital gains tax (Belgium) 2026

Capital gains tax (Belgium) 2026

Cryptoassets and banks

tax on crypto income

How does Aeacus work?

crypto fraud & prevention

Is there already a capital gains tax on crypto in Belgium today?

No. At present, there is still no general capital gains tax on crypto in Belgium. Crypto gains realized up to and including 31 December 2025 remain in principle exempt, provided they fall within the normal management of private wealth. It is, however, highly likely that a general capital gains tax will be introduced as from 1 January 2026, with retroactive effect from that date.

**Will there be a capital gains tax on crypto from 2026 onwards?**

Yes, most likely. On 17 December 2025, the federal legislator submitted a draft bill providing for a general 10% capital gains tax on financial assets, including cryptoassets. The intention is for this regime to apply retroactively from 1 January 2026, although the law has not yet been definitively adopted at this stage.

Will the capital gains tax also apply to crypto that I already held before 2026?

No. Historical capital gains arising within the normal management of private wealth remain exempt. For cryptoassets acquired before 1 January 2026, the value as at 31 December 2025 (the so-called “snapshot moment”) will be used as the fiscal acquisition value. Only the capital gain realized thereafter may be taxable.

Do I have to pay tax if I hold my crypto and do not sell anything?

No. The capital gains tax only applies when a gain is effectively realized. As long as cryptoassets are held and not sold, swapped, or used as a means of payment, no taxable event occurs.


However, crypto accounts and wallets may still need to be reported. More information can be found here.

What is considered a taxable realization of crypto?

Any transfer for consideration. This includes not only the sale of crypto in exchange for euros, but also crypto-to-crypto swaps, conversion into stablecoins, and the use of crypto as a means of payment for goods or services.

Are transfers between my own wallets taxable?

No. Transfers between wallets belonging to the same taxpayer are not considered transfers for consideration and therefore do not constitute a taxable realization.

Will the existing 33% tax on speculative crypto income remain in place?

Yes. The new 10% capital gains tax applies only to transactions carried out within the normal management of private wealth. Crypto capital gains that are classified as speculative or professional remain taxable at 33% or at progressive income tax rates.

Can the same capital gain be taxed simultaneously at 10% and at 33%?

No. The draft bill excludes double taxation. Depending on how the transaction is classified, only one tax regime applies.

Is there an exemption for smaller capital gains?

Yes. The new regime provides for an annual exemption of EUR 10,000 on the taxable base. Unused exemptions may be carried forward for up to five consecutive taxable periods, increasing by EUR 1,000 per year, so that the total exemption amount can never exceed EUR 15,000.

How is the acquisition value of crypto determined?

For crypto acquired before 1 January 2026, the value as at 31 December 2025 applies as the fiscal acquisition value. For crypto purchased thereafter, the actual purchase price applies. Where multiple identical cryptoassets have been acquired, the FIFO method is applied.

Can crypto losses be offset for tax purposes?

Yes, but only within strict limits. Realized losses may only be offset against realized gains in the same taxable period and within the same category of financial assets. Carry-forward to later years is not possible.

Does the capital gains tax change anything about the tax treatment of mining, staking, or DeFi income?

No. The draft bill does not introduce a new regime for such income. These revenues remain subject to the existing tax qualification rules and may, depending on the circumstances, be taxed as movable income, miscellaneous income, or professional income.

Should I already start preparing today for the capital gains tax?

Yes. Although the law has not yet been definitively adopted, the introduction of a capital gains tax on crypto from 1 January 2026 is politically settled. Anyone holding cryptoassets would be well advised to start preparing now.


In practical terms, this means being able to demonstrate which cryptoassets were held on 31 December 2025, what their value was at that time, and how they were held (for example through an exchange or a personal wallet). It is also advisable to systematically document transactions from 2026 onwards, so that realized gains and losses can be calculated and reported correctly.


Where a large number of transactions have been carried out, the use of specialized crypto tax software, such as Koinly, Summ, or CoinTracking, may be appropriate in order to perform these calculations in a consistent and verifiable manner.


This preparation is not only important for tax reporting purposes, but also for the banking relationship. Banks are subject to strict anti-money laundering obligations and will increasingly ask questions regarding the origin and tax treatment of incoming crypto funds. A well-substantiated file helps prevent account blocks, additional checks, and reports to the competent authorities.

Will the introduction of the capital gains tax lead to more tax audits?

Yes. In combination with DAC8 reporting, the reporting obligation to the Central Contact Point, and the use of data mining, the tax authorities will have access to significantly more information. Proper reporting and documentation will therefore become essential.

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.

bottom of page