- Crypto capital gains from speculative trading are taxed as miscellaneous income at 33% (+ municipal surcharge)
- Declared via Box XV, code 1440/2440 in Tax-on-Web
- The tax authority assesses your profile based on frequency, use of leverage, the share of crypto in your assets, and holding period
- Losses are deductible and can be carried forward for 5 years - an advantage over the 10% capital gains tax
- Costs (transaction fees, subscriptions) can be deducted via code 1441/2441
Last updated: April 2026 · Reading time: 5 minutes
The tax authority has determined that you traded speculatively. Your capital gains fall under Box XV (Vak XV), code 1440. What does this mean in practice? In this article we explain what miscellaneous income means for crypto, when you fall into this category, and how to fill in your tax return correctly.
Since the capital gains tax on crypto was approved by the Belgian Chamber of Representatives on 3 April 2026, there are three clear tax categories for crypto gains in Belgium. Miscellaneous income (diverse inkomsten) - the middle rate - applies to those who trade speculatively without it being a professional activity. The rate: 33% plus municipal tax.
What Is Miscellaneous Income for Crypto?
When the Belgian tax authority determines that your crypto trading is speculative - but not professional - your capital gains fall under Art. 90, 1° WIB 92: "profits or benefits from incidental or occasional activities or speculation". This is the miscellaneous income (diverse inkomsten) category.
The rate is 33%, on top of municipal tax (averaging 7% of the tax due, so effectively around 35.3%). For comparison: the new capital gains tax for normal management of private assets is only 10%.
The distinction is crucial. Those classified as speculative by the tax authority pay more than three times as much tax on the same gain. But there is a counterbalance: under miscellaneous income, losses are deductible.
The Three Tax Categories Since 2026
Since the approval of the crypto tax law in 2026, there are three categories:
| Category | When? | Rate | Basis |
|---|---|---|---|
| Normal management of private assets | Buy-and-hold, passive investing | 10% (above EUR 10.000 exemption) | Capital gains tax |
| Speculative / abnormal management | Active trading, short holding periods | 33% + municipal tax | Miscellaneous income (Art. 90 WIB 92) |
| Professional | Structured, profit-oriented as main activity | 25-50% + social contributions | Professional income |
The difference between category 1 and 2 is determined by the "good family man" standard (prudent person / bonus pater familias). That test is not black-and-white: the tax authority weighs multiple criteria to determine whether your conduct still qualifies as "normal management".
When Does the Tax Authority Consider You Speculative?
The Advance Ruling Service (Dienst Voorafgaande Beslissingen, DVB) published an updated questionnaire in April 2026. The following criteria increase the risk of being classified as speculative:
- More than 25% of your financial assets in crypto - the DVB has used this as a threshold since the April 2026 update
- Use of leverage or loans - deploying borrowed money for crypto is a sign of speculative behavior
- High transaction frequency - trading daily or weekly is inconsistent with passive investing
- Short holding periods - closing positions within days or weeks suggests speculation
- Use of trading bots or automated software - automation points to active and systematic trading
No single criterion is decisive on its own. It is about the overall picture. But the more of these indicators apply to you, the greater the chance the tax authority will classify you as speculative.
Note: the use of DeFi protocols (yield farming, leveraged lending) and trading in derivatives are also considered aggravating factors.
How Do You Declare Miscellaneous Income?
You declare crypto gains classified as miscellaneous income in Box XV (Vak XV) of your tax return (Tax-on-Web). These are the relevant codes:
| Code | Description | Notes |
|---|---|---|
| 1440 / 2440 | Gross amount of capital gains | Your total realised gain on speculative crypto transactions |
| 1441 / 2441 | Deductible costs | Transaction costs, gas fees, exchange fees, subscriptions |
| 1202 / 2202 | Carried-forward losses (prior years) | Losses from the previous 5 years that you offset |
Codes with prefix 1 apply to the first taxpayer, prefix 2 to the partner in a joint tax return.
In practice: you enter your gross capital gain at code 1440 (all gains added together) and your deductible costs at code 1441. The tax authority then calculates the net amount on which 33% is levied.
Practical Examples
Example 1: Jan - speculative trader
Jan trades crypto weekly. He has 40% of his assets in crypto, uses a trading bot, and rarely holds positions for longer than two weeks. The tax authority classifies him as speculative.
| Element | Amount |
|---|---|
| Total realised capital gain (2026) | EUR 15.000 |
| Deductible costs (gas fees, exchange fees) | EUR 1.200 |
| Net taxable amount | EUR 13.800 |
| Tax (33%) | EUR 4.554 |
| Municipal tax (±7%) | EUR 319 |
| Total due | EUR 4.873 |
Jan declares EUR 15.000 at code 1440 and EUR 1.200 at code 1441.
Example 2: Lisa - passive investor
Lisa bought BTC and ETH in 2024, simply holds them, and only sells a portion with a gain in 2026. She meets the "good family man" standard (prudent investor / bonus pater familias): normal management.
| Element | Amount |
|---|---|
| Capital gain after step-up | EUR 18.000 |
| Annual exemption | - EUR 10.000 |
| Taxable amount | EUR 8.000 |
| Tax (10%) | EUR 800 |
Lisa pays EUR 800. Had she realised the same gain as a speculative trader, she would owe EUR 5.940 (33% on EUR 18.000). The difference is significant.
Losses Under Miscellaneous Income
This is an important advantage of the miscellaneous income category: losses are deductible and can be carried forward for 5 years. This is in stark contrast to the 10% capital gains tax, where loss carry-forward is not possible.
In practice:
- If you have a loss of EUR 8.000 on speculative crypto transactions in 2026, you can offset that loss against future gains in 2027-2031
- Losses may only be offset against income of the same type (miscellaneous income from speculation)
- You declare carried-forward losses via code 1202/2202
This mechanism makes the miscellaneous income regime paradoxically more favourable in bad years. Under the 10% capital gains tax, your losses disappear without any possibility of compensation.
Comparison Table: Three Regimes Side by Side
| Feature | Normal management (10%) | Miscellaneous income (33%) | Professional income (25-50%) |
|---|---|---|---|
| Rate | 10% | 33% + municipal tax | 25-50% + social contributions |
| Exemption | EUR 10.000/year | None | None |
| Losses deductible | Yes (within same year) | Yes | Yes |
| Loss carry-forward | No | 5 years | Unlimited |
| Municipal tax | No | Yes | Yes |
| Social contributions | No | No | Yes |
| Costs deductible | No | Yes (code 1441) | Yes |
| Tax return section | Box XI (capital gains tax) | Box XV (Vak XV), code 1440 | Box IV (professional income) |
Frequently Asked Questions
Can I choose which category I fall into?
No. The classification depends on your actual conduct, not your preference. You can adjust your behavior (trade less frequently, hold longer) to have a different profile in the future. An advance ruling from the DVB provides legal certainty upfront.
What if the tax authority decides differently afterwards?
If you declared your gains under the 10% capital gains tax but the tax authority determines you traded speculatively, a reclassification may follow. This can lead to an additional assessment at 33% plus possible penalties. It is therefore important to assess your situation honestly.
Does staking also count as miscellaneous income?
Staking rewards are generally taxed as investment income (30% withholding tax on movable income), not as miscellaneous income. But if you immediately reinvest staking proceeds into speculative trades, the capital gains on those trades may be taxed as miscellaneous income.
What about crypto I bought before 2026?
The step-up rule also applies under miscellaneous income. Your cost basis is stepped up to the market value on 31 December 2025. Only the capital gain from 2026 onwards is taxable - regardless of whether the regime is 10% or 33%.
Does the EUR 10.000 exemption apply to miscellaneous income?
No. The annual exemption of EUR 10.000 applies exclusively to the capital gains tax (normal management). Under miscellaneous income there is no exemption - every euro of gain is taxable (after deduction of costs).
Which costs can I deduct?
All costs directly related to your speculative activity: exchange fees, gas fees, subscriptions to tools (including tax software), network and transaction costs. Keep your invoices and proof of payment.
Is there a 33% tax on cryptocurrencies?
Not by default. The 33% rate (miscellaneous income, Art. 90, 1° WIB 92) applies only when the tax authority classifies your crypto trading as speculative, not as normal management. Those who manage their crypto as a prudent person (the "good family man" standard) fall under the capital gains tax of 10% above the EUR 10.000 exemption. The 33% rate (plus municipal tax, effectively around 35.3%) targets only speculative behavior: very frequent trading, leverage, borrowed capital, and short holding periods. Professional activity is even taxed progressively up to 50%.
How Cryptotax Helps
Cryptotax automatically calculates your realised capital gains per transaction using the FIFO method. The platform gives you a clear overview of your total gains and losses, including deductible costs. Whether you fall under the 10% capital gains tax or the 33% miscellaneous income rate, you have the right figures to fill in your tax return correctly.
Start a free scan and immediately see what your capital gains are for tax year 2026.
Disclaimer: This article is for informational purposes only and does not constitute individual tax advice. The classification as miscellaneous income depends on your individual situation. Consult a certified Belgian tax adviser for specific cases, or request an advance ruling from the Advance Ruling Service (Dienst Voorafgaande Beslissingen).
