🔸 The partners of the new arizona coalition have reached an agreement on the new capital gains tax last Monday (30 June).
🔸 Based on the preliminary tax bill, certain share deals would trigger a reporting obligation to the Belgian tax authorities (draft new art. 326bis ITC).

▶️ This would lead to an additional layer of compliance for “intermediaries” (accountants, tax advisers, bankers, family offices, lawyers…) and increase the detection risk.

I had the pleasure of sharing some thoughts on this new reporting duty with Deglume, Pauline (financial newspaper L’Echo), who sought the (noteworthy) opinion of the leader of the Liberal Party (MR).

1. What are the reportable share deals ?

🔸 transfer of shares by an individual to his own holding (or a holding in which he holds a controlling interest together with other family members), triggering the so-called “internal capital gains” (“interne meerwaarden”/”plus-values internes”) taxable at 33% [1] .

🔸 transfer of a substantial participation (>20%) by an individual, leading to a capital gain taxable at 10% (with a 1mio € exemption + reduced progressive tax rates). For more developments with respect to the recent extension of the definition of “substantial participation”[2].

2. Who must report these share deals?

🔸 “Intermediaries” within the meaning of DAC6, i.e. any person that, in one way or another, designs or implements reportable share deals. Providing an aid, assistance of advice could also trigger the reporting duty.

💡 Banks, accountants (ITAA), tax advisers (big four,…), lawyers, wealth managers, family offices,… could potentially be caught.

🔸 The obligation to report information on the arrangement lies in principe with ALL the intermediaries (art. 326bis, §5 ITC), save in certain cases (proof of reporting by another intermediary, professional privilege,…).

3. What data must be reported ?

🔸 The price of the shares transferred;
🔸 identification of the seller and the buyer,…(art. 326bis, §4 ITC)

4. When must the information be reported to the tax authorities ?

🔸 At the latest the last day of February of the year following completion (“exécution”/”uitvoering”) of the reportable arrangement.

Note: ><DAC6, where the (cross-border) reportable arrangements may need to be reported even before completion.

5. Will it come through? Entry into force?

🔸 Entry into force: (in principle) as from 1 January 2026.
🔸 According the leader of the Liberal Party (MR), this new reporting duty is however a red line that may not be crossed…

🔆 It is unclear it will come through or not… Stay tuned!

For additional information (as to the objective of this rule,…), see also my previous post [3] .

Denis-Emmanuel Philippe 

[1] https://denisemmanuelphilippetax.be/tax-news/nouvelle-taxation-des-plus-values-dites-internes-a-33-nouveau-projet-de-loi/

[2] https://denisemmanuelphilippetax.be/tax-news/entrepreneurs-et-investisseurs-en-cryptos-grands-perdants-de-laccord-final-sur-la-taxe-sur-les-plus-values/

[3] https://denisemmanuelphilippetax.be/tax-news/les-plus-values-internes-et-les-plus-values-sur-participations-substantielles-sous-haute-surveillance/