In April 2026 the DVB updated its crypto questionnaire. The 25% threshold is calculated more strictly and there are new questions about staking and DeFi.
Last update: April 2026 · Reading time: 5 minutes
In April 2026 the Ruling Commission updated its questionnaire for crypto investors. The most important change: the 25% threshold has become stricter. Whereas your entire movable assets used to serve as the denominator, the DVB now looks only at your financial assets. That makes it easier to exceed the threshold, and therefore to be labeled speculative.
The update follows the capital gains tax that was approved by the Chamber of Representatives on 3 April 2026. The DVB has aligned its criteria with the new tax reality.
The short version (TL;DR)
- The 25% threshold is now calculated on the basis of financial assets (crypto + savings + stocks + bonds), no longer on movable assets (which also included cars, art and collections)
- The hardware wallet question has been dropped, owning a Ledger or Trezor is no longer an indicator
- New questions about staking, DeFi protocols and yield farming
- The DVB still assesses whether you are classified as "normal management" (10%) or "speculative" (33%)
- Applying for a ruling remains optional, but is recommended for larger portfolios
What is the DVB and why does the questionnaire matter?
The Ruling Commission (Dienst Voorafgaande Beslissingen, DVB) is the body where Belgian taxpayers can obtain certainty in advance about the tax treatment of their situation. You submit an application, present your situation, and receive a binding answer from the tax authorities, even before you file your return.
For crypto this is relevant because the line between normal management of private assets (10% capital gains tax) and speculative activities (33% miscellaneous income, diverse inkomsten) is not always clear. The DVB uses a standardized questionnaire to assess your profile and determine which category you fall into.
A positive ruling gives you legal certainty: if the tax authorities later raise questions, you refer to your ruling. That makes it particularly valuable for anyone with significant crypto holdings.
What has changed?
1. Financial assets replace movable assets
This is the most impactful change. Previously the DVB looked at your movable assets as a whole: savings, stocks, bonds, crypto, but also your car, art collection, jewelry and other movable goods. Crypto had to make up less than 25% of that total to be considered "reasonable".
Now the DVB looks at your financial assets: only savings, stocks, bonds and crypto. Physical possessions such as cars, art and collections no longer count in the denominator. The consequence: the share of crypto in your total automatically grows larger.
The DVB's reasoning is logical: physical goods are not a comparable investment. You buy a car to drive, not as an investment. The comparison must be fair: crypto against other financial assets.
2. Hardware wallet question dropped
The previous questionnaire explicitly asked whether you kept your crypto on a hardware wallet (Ledger, Trezor). The idea was that self-custody would be a sign of long-term thinking, a "prudent person" storing their holdings securely.
In practice this criterion turned out to be unreliable. Professional traders use hardware wallets just as much, and many long-term investors keep their crypto on an exchange. The DVB has therefore dropped the question. Where you store your crypto says nothing about your intent. For anyone wondering whether self-custody changes the reporting obligation itself: it does not. See our guide hardware wallet and DAC8 for the documentation the tax authorities expect.
3. New staking and DeFi questions
The updated questionnaire now contains explicit questions about:
- Staking: do you stake your crypto? What percentage of your portfolio? Through which protocols?
- DeFi protocols: do you use decentralized financial services? Which ones (lending, liquidity pools, yield vaults)?
- Yield farming: do you actively seek the highest returns? How often do you move funds between protocols?
This is a logical evolution. DeFi was barely relevant when the original questionnaire was drawn up. Now that it makes up a substantial part of the crypto market, the DVB wants to understand how active you are in it. Someone who passively stakes on a single protocol is assessed differently from someone who rotates funds between yield farms daily.
The 25% threshold in practice
Let us make the difference concrete with an example. Take An, who owns the following:
| Category | Value |
|---|---|
| Crypto | EUR 50,000 |
| Savings | EUR 100,000 |
| Stocks | EUR 30,000 |
| Car | EUR 20,000 |
| Art collection | EUR 15,000 |
Old calculation (movable assets)
Denominator = crypto + savings + stocks + car + art = EUR 215,000
Crypto share = EUR 50,000 / EUR 215,000 = 23% → below the 25% threshold
New calculation (financial assets)
Denominator = crypto + savings + stocks = EUR 180,000
Crypto share = EUR 50,000 / EUR 180,000 = 28% → above the 25% threshold
The same person, the same holdings, but a different result. Under the old system An was below the threshold. Under the new system, above it. That does not automatically mean An is labeled speculative, the 25% threshold is one of several criteria, but it increases the DVB's scrutiny.
When should you apply for a ruling?
A ruling is not mandatory. Most Belgian crypto investors file their return without a ruling. But in certain situations it is strongly recommended:
- Crypto holdings above EUR 50,000: for larger portfolios the difference between 10% and 33% is financially significant. A ruling provides certainty.
- Regular trading: if you trade several times per month, you run the risk of being considered speculative. A ruling clarifies where you stand.
- DeFi activities: the new questions about staking and yield farming make this extra relevant. If you are active in DeFi, you know in advance how the tax authorities will assess it.
- Substantial capital gains in 2026: are you realizing a large profit? Then you want certainty about the rate before you file your return.
The procedure usually takes 2-3 months. You can apply for a ruling through the portal of the FOD Financiën or via your tax advisor.
Impact on the three tax categories
The stricter criteria affect how you end up in one of the three categories:
| Category | Rate | Impact of the new questionnaire |
|---|---|---|
| Normal management of private assets | 10% (capital gains tax) | Harder to reach due to the stricter 25% threshold |
| Miscellaneous income (diverse inkomsten) (speculative) | 33% + municipal surcharge | More taxpayers fall into this due to the DeFi questions |
| Professional income | Up to 50% + social contributions | Unchanged - requires structural, professional activity |
The shift is clear: the DVB raises the bar for anyone who wants to be qualified as a "normal manager". That is in line with the broader trend since the introduction of the capital gains tax: the government wants to draw clear lines and place more taxpayers in the speculative regime.
Anyone who already has a ruling from before April 2026 keeps it, a ruling is binding for the period for which it was issued. But for a new application the new criteria apply.
Summary
- The DVB now calculates the 25% threshold on the basis of financial assets (excluding cars, art, etc.)
- Hardware wallets are no longer a criterion
- Staking and DeFi are now explicitly asked about
- It has become easier to exceed the 25% threshold
- A ruling provides certainty, especially for larger portfolios or active DeFi participation
- Existing rulings remain valid for their issued period
Frequently asked questions
Do I need to apply for a new ruling if I already have an existing one?
No. An existing ruling remains valid for the period for which it was issued (usually 3-5 years). You only need to apply again when your ruling expires or when your situation fundamentally changes.
Does passive staking (e.g. staking ETH via Lido) count as speculative?
Not necessarily. The DVB distinguishes between passive staking on a single protocol and actively rotating between protocols for maximum yield. Someone who simply stakes ETH without switching frequently can still be qualified as normal management.
What if my crypto is exactly 25% of my financial assets?
The 25% is an indicative threshold, not a hard line. The DVB weighs your profile as a whole: trading frequency, diversification, knowledge, time spent and now also DeFi activity. Anyone right at the threshold benefits from a ruling.
Can I calculate myself whether I am above 25%?
Yes. Add up the market value of your crypto and divide by your total financial assets (crypto + savings + investment accounts + bonds). You no longer count physical possessions. Use the value at the time of your application.
Try Cryptotax
Cryptotax automatically calculates your crypto portfolio and its share relative to your financial assets. Start a free scan to import your wallets and exchanges and get a clear picture of your capital gains, so you are well prepared when you apply for a ruling.
Want to read more? Check out our guides on the prudent person test, the capital gains tax and crypto tax 2026.
Sources:
- Ruling.be - Official crypto questionnaire (DVB)
- dvdtaxlaw.be - Analysis: Ruling Commission updates crypto questionnaire
- FOD Financiën - Ruling Commission
- Income Tax Code 1992 (WIB 92)
Disclaimer: This article is purely informative and not individual tax advice. The criteria of the DVB questionnaire may change. Consult an accredited Belgian tax advisor for specific cases or apply for a ruling with the Ruling Commission.
