Capital gains tax law approved (April 2026)

Published: 15 April 2026 · Reading time: 6 minutes

It is official: the Belgian capital gains tax is law. On 3 April 2026, the Chamber of Representatives voted in favor of the law on the capital gains tax on financial assets, including crypto. The law applies retroactively from 1 January 2026. In this article we analyze what exactly was approved, what the impact is for crypto investors, and what you as a Cryptotax user should do now. For a deeper discussion of the rates, exemptions and filing flow in 2026, see our guide to the capital gains tax on crypto in 2026.

What exactly was voted on

The law introduces a capital gains tax on three categories of financial assets. Crypto falls under category C: other financial assets, taxed at a flat rate of 10%. The two other categories are:

• Category A, internal capital gains (33%)
• Category B, substantial holdings of 20% or more (progressive rate from 0% to 10%)
• Category C, other financial assets, including crypto (10%)

For crypto investors, the core rules are as follows:

• 10% capital gains tax on realized gains above the exemption
• Annual exemption of EUR 10,000, carryable up to a maximum of EUR 15,000
• Step-up rule: the market value on 31 December 2025 serves as the cost basis for existing holdings
• FIFO method mandatory for purchases from 2026 onward (weighted average for pre-2026 holdings)
• Capital losses are deductible within the same category and the same tax year
• Costs (such as transaction fees) are not deductible
• No withholding tax is levied on crypto, you are responsible for the tax return yourself

Exit tax: leaving Belgium becomes more complex

A notable part of the law is the exit tax. On emigration from Belgium, unrealized capital gains are deemed to be realized at the moment of departure. There is a safety net: if you do not sell the relevant assets within 24 months after emigration, the exit tax lapses (the so-called trailing mechanism).

There is an additional condition: when moving to countries with which Belgium has no tax treaty, think of Monaco, the United Arab Emirates or comparable jurisdictions, a guarantee deposit is required. This makes crypto emigration as a tax strategy considerably less attractive than before.

DAC8 also final

Alongside the capital gains tax, the DAC8 implementation law is also a fact. Parliament adopted that law on 12 March 2026, and it was published in the Belgian Official Gazette on 1 April 2026. This means that crypto exchanges in the EU are now required to report transaction data of Belgian users to the FOD Financiën (Belgian tax authority). The background to the EU infringement procedure against Belgium for the late DAC8 transposition and the practical DAC8 update for 2026 explain the full timeline.

The combination of the capital gains tax and DAC8 creates a watertight system: the tax authority knows what you trade (via DAC8) and expects you to declare the capital gain (via the new law). Make sure you have reported your foreign accounts to the Central Point of Contact (CAP), that is a separate obligation that has applied for some time.

What is still to come

The law has been approved, but there are still a number of steps before full implementation:

• Publication in the Belgian Official Gazette, expected in the coming weeks
• Administrative circulars from the FOD Financiën with practical guidelines
• Transition period for withholding tax (on classic financial instruments) until 1 June 2026
• New Tax-on-Web codes for assessment year 2027 (income year 2026)

The circulars are expected to provide more clarity on edge cases, for example the exact treatment of DeFi positions, LP tokens and wrapped assets. Until they are issued, the rules apply as described in the law.

What does this mean for you as a crypto investor?

The uncertainty is over. Where there was still debate over the past months about the exact timeline and possible amendments, the framework is now final. That brings clarity, but also responsibility.

Our recommendations:

1. Document your holdings on 31 December 2025 if you have not already done so, this is the snapshot moment for the step-up rule and determines your starting value
2. Import all your wallets and exchanges into Cryptotax for a complete and correct overview of your transactions and cost basis
3. Check whether foreign accounts have been reported to the CAP, this is a separate legal obligation, distinct from the capital gains tax
4. Consult a tax advisor for complex situations such as professional trading, the exit tax, or combined portfolios with stocks and crypto

Cryptotax has already implemented this

As a Cryptotax user, you do not have to do anything. The rules from the approved law, the step-up on 31 December 2025, the FIFO calculation for post-2026 purchases, the weighted average cost basis for pre-2026 holdings, the annual exemption and the loss offsetting, already work automatically in your tax report.

The approval of the law changes nothing about the calculations: Cryptotax already followed the draft law closely and the rules were already correctly implemented. Your report for 2026 is ready as soon as you have imported your transactions.

Start a free scan and calculate your capital gains tax for 2026.

Want to read more? Check out our guides on the step-up rule, the capital gains tax on crypto, crypto tax 2026 and DAC8 reporting.

Sources:

• KPMG, Capital gains tax approved by Parliament
• Loyens & Loeff, Capital gains tax becomes reality
• Simont Braun, The New Belgian CGT and Crypto Assets

Disclaimer: This article is purely informational and does not constitute individual tax advice. The law on the capital gains tax was approved on 3 April 2026 and is awaiting publication in the Belgian Official Gazette. The information is based on the text as approved by the Chamber. Consult an accredited Belgian tax advisor for advice on your personal situation.