The new Belgian capital gains tax, also referred to as the “solidarity contribution”, introduces a specific tax regime for capital gains on financial assets.[1]The rules apply as from 1 January 2026.
The reform is particularly relevant to entrepreneurs, investors and family shareholders considering a transfer of shares. In addition to the general residual category taxed at 10%, specific rules apply to substantial shareholdings and internal capital gains. In an M&A context, reinvestments, management buy-ins, family transfers and earn-out arrangements therefore require careful advance assessment.
[1] Law of April 6, 2026 introducing a tax on capital gains on financial assets, modifying articles 90 et seq., Belgian Income Tax Code 1992; administrative circular 2026/C/74 dated July 22, 2026
Authors:
Hilde Van den Keybus, partner
hilde.vandenkeybus@monardlaw.be
Luk Cassimon, Associate Partner
luk.cassimon@monardlaw.be)