by Els Van Eenhooge and Carl Van Biervliet
After more than 12 hours of negotiations, the federal government has reached an agreement on the introduction of the capital gains tax, also known as the solidarity contribution. This new tax is expected to generate at least half a billion euros.
Note: The information in this article is based on what is currently available. The article will be updated as soon as additional official information or clarifications are published.
The tax amounts to 10% on future realised capital gains on financial assets such as:
shares
bonds
ETFs
crypto-assets
investment gold
Capital gains from group insurance or pension savings will remain exempt.
The tax would apply to natural persons and reportedly also to foundations and non-profits subject to the legal entities tax.
There will be an annual exemption of 10,000 euros (indexed).
Investors who do not use this exemption will be able to carry over 1,000 euros per year for five years, allowing them to build up an exemption of up to 15,000 euros.
The previously proposed exemption for holding shares for more than 10 years has been abandoned.
For shareholders with a significant interest (e.g. owners of family businesses), a specific exemption arrangement has been provided:
exemption on the first 1 million euros, calculated over a period of five years
progressive rates starting at 1.25%
the full 10% rate only applies as of a taxable capital gain of 10 million euros
The significant interest is assessed individually per shareholder, without taking into account shares held by family members.
This regime would apply to all companies, including holding and patrimonial companies.
The capital gain is determined by the positive difference between the selling price of the financial assets and their acquisition value.
Capital losses may be deducted within the same year and within the same category of financial assets.
For historical capital gains, the value of the financial assets on 31 December 2025 will be considered. Over the next five years, the original acquisition value may also be used if it is higher.
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Els Van Eenhooge
Partner Tax els.vaneenhooge@vdl.be
Carl Van Biervliet
CEO Tax & Legal carl.vanbiervliet@vdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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