Transition period extended: more time for banks
The new rules regarding capital gains tax on financial assets came into effect on 1 January 2026, but banks and brokers are not yet able to withhold this tax automatically.
For this reason, the government has now extended the transition period until 1 June 2026, giving financial institutions additional time to prepare their systems both on a technical and administrative level.
The following applies until the end of the transition period:
automatic withholding by banks is not an option yet
for the time being, investors must report any capital gains themselves
voluntarily opt-in via the bank is already possible
Opt-in: voluntary withholding via the bank
During the transition period, certain banks offer investors an opt-in. This means that the bank will effectively withhold the capital gains tax immediately at a rate of 10%, so that in principle you will no longer need to report these gains in your tax return.
Please note: those wishing to apply the annual exemption may still need to report a portion in order to recover any tax withheld.
From 1 June 2026, automatic collection will become the standard.
Opt-out after 1 June 2026
From that moment, opt-out will also be possible. By choosing this option, investors specifically request that the bank not withhold capital gains tax. In that case, you are personally obliged as an investor to report taxable capital gains in your tax return (above the exemption threshold).
This extension is primarily intended to prevent the introduction from becoming too chaotic for both banks and investors.
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And what about the 33% rate?
In addition to the standard rate of 10%, there is also a great deal of confusion regarding the higher rate of 33%.
This rate is not new: the tax authorities may already tax profits at 33% when they are considered speculative.
With the new capital gains tax, this distinction remains important:
The main difference is that from 2026, capital gains will be identified more quickly, even for private investors.
Crypto: minister Jambon expects few 33% cases
Finance Minister Jan Jambon recently provided further clarification regarding the application to crypto investments.
He expects the vast majority of crypto investors not to fall under the speculative 33% rate, but to remain within the standard regime. In other words, private persons investing in a normal manner will usually not be treated as speculators.
Nevertheless, this remains a point of interest as the boundary is not always clear-cut. Factors such as:
may lead the tax authorities to apply the 33% rate more readily.
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How does this impact you in practice?
The extension until 1 June 2026 primarily gives banks extra time to complete all administrative preparations. For investors, the main change is in the practical way the tax is handled: either through automatic withholding by the bank, or via your own tax return.
This means that, as an investor, you have a choice of two options:
a convenient solution, where the bank withholds 10% (via opt-in)
a more administrative solution, where you report everything yourself via your tax return (for example via opt-out)
In addition, proper preparation remains crucial:
Keep accurate records of purchase and sale dates
Be careful with intensive trading activity
Seek guidance if you are uncertain whether your activity constitutes normal management or speculation
For self-employed individuals and entrepreneurs who also invest privately, this tax distinction can have a significant impact.
We are happy to help you move forward
Further practical guidelines will follow in the coming months. At our offices, our experts are closely monitoring developments and they are happy to help you accurately assess the implications for your situation.
Do not hesitate to get in touch with us.
