Growing wealth requires more than a sound investment. We provide integrated advice on investment taxation, private equity, funds, financial structures, and the relevant regulatory framework.
Capital Gains Tax
Understanding Capital Cains Tax?
As of 1 January 2026, a capital gains tax of 10 percent applies in Belgium on realised gains from the sale of financial assets such as shares, bonds and cryptocurrencies. This means investors must now take into account a new tax impact on their investment strategy and on structuring their wealth for estate planning.
Our approach?
We guide clients and intermediaries through this new tax reality by:
- a clear analysis of the new legislation and its application to investment portfolios
- developing tax-efficient investment solutions
- evaluating the impact on existing structures such as partnerships and private foundations
Our expertise?
We advise clients on the application of the new capital gains tax in complex contexts, including structured portfolios, private equity investments and international wealth structures.
We also guide clients in rethinking and optimising existing structures in light of this new tax, paying particular attention to timing, exemptions, transitional regimes and alignment with succession and wealth planning.
We advise on optimising investment structures for entities subject to legal entities tax, such as non-profits and private foundations, allowing deferral of taxation via capitalisation products instead of individual assets.
We also assist in wealth planning via investment insurance, focusing on tax efficiency and long-term structuring up to the death of the insured. In this way, no realisation occurs and the capital gains tax does not apply.
Schedule a meeting?
Are you facing a similar issue or do you have questions following this case? We’d be glad to assist you. Don’t hesitate to get in touch with the team: TeamBanking&Finance@Tuerlinckx.eu
“Tax is everywhere”
“Finance is structured. Tax decides how”.
Wealth should generate returns. In a landscape of complex tax and regulatory obligations, we guide you in optimizing your investment structure and managing the tax impact.
Advisory
Tax Disputes
The tax landscape for investment products has undergone significant changes in recent years. The tightening of withholding tax rules, amendments to the Dividend Received Deduction (DRD) regime, the new capital gains tax, the annual securities accounts tax, as well as the application of stock exchange tax to transactions carried out through foreign accounts, the increasingly cross-border environment in which the sector operates, and the proliferation of anti-abuse measures such as the Cayman Tax, have created an unprecedented level of complexity.
In addition, investment insurance products offer tax opportunities, as does the use of feeder structures for investments in private equity funds. These solutions are complemented by a risk analysis assessing their viability in the event of a dispute with the tax authorities or before the courts.
We provide well-founded tax advice with practical and workable solutions, drawing on 25 years of hands-on experience in the financial sector and the funds industry.
Tuerlinckx Tax Lawyers has extensive practical experience in assisting clients during tax audits and disputes with the tax authorities, both at the administrative stage and before the courts.
Today, the banking and finance sector is characterized by cross-border and often highly complex structures, with funds and private equity entities frequently benefiting from specific tax regimes. As a result, the tax authorities scrutinize this sector closely and often with caution.
We specialize in conducting tax litigation and dispute resolution proceedings, both before the tax authorities and in court. We thoroughly analyse the limits of the tax authorities’ investigative and assessment powers and critically assess which claims can be sustained from both a legal and factual perspective.
Tax Returns for Assets & Income
Tax Rulings
We assist high-net-worth individuals and legal entities with the filing of tax returns, stock exchange tax declarations, and annual securities accounts tax obligations relating to their foreign accounts.
We also provide the necessary support to manage and optimize the reporting of investment income and capital gains on financial assets.
Where assets have not been subject to the correct tax treatment in the past, our team of experts can assess whether a tax regularization is possible and will determine the most appropriate approach.
We have extensive experience in obtaining advance tax rulings for banking products, traditional and private equity funds (including, where relevant, carried interest structures), as well as investment insurance products.
Such a “product ruling” not only provides protection for the Belgian intermediary or issuer regarding withholding obligations, reporting requirements, and potential information exchange obligations, but also offers investors greater legal certainty and peace of mind regarding their own tax obligations.
Advisory
The tax landscape for investment products has undergone significant changes in recent years. The tightening of withholding tax rules, amendments to the Dividend Received Deduction (DRD) regime, the new capital gains tax, the annual securities accounts tax, as well as the application of stock exchange tax to transactions carried out through foreign accounts, the increasingly cross-border environment in which the sector operates, and the proliferation of anti-abuse measures such as the Cayman Tax, have created an unprecedented level of complexity.
In addition, investment insurance products offer tax opportunities, as does the use of feeder structures for investments in private equity funds. These solutions are complemented by a risk analysis assessing their viability in the event of a dispute with the tax authorities or before the courts.
We provide well-founded tax advice with practical and workable solutions, drawing on 25 years of hands-on experience in the financial sector and the funds industry.
Tax Disputes
Tuerlinckx Tax Lawyers has extensive practical experience in assisting clients during tax audits and disputes with the tax authorities, both at the administrative stage and before the courts.
Today, the banking and finance sector is characterized by cross-border and often highly complex structures, with funds and private equity entities frequently benefiting from specific tax regimes. As a result, the tax authorities scrutinize this sector closely and often with caution.
We specialize in conducting tax litigation and dispute resolution proceedings, both before the tax authorities and in court. We thoroughly analyse the limits of the tax authorities’ investigative and assessment powers and critically assess which claims can be sustained from both a legal and factual perspective.
In our interactions with the authorities, we adopt a professional and modern communication style, with a strong focus on strategic positioning and robust case preparation. Through targeted argumentation and a deep understanding of tax controversy practice, we build a strong and effective defence for our clients.
Tax Returns Covering All Relevant Assets and Income
We assist high-net-worth individuals and legal entities with the filing of tax returns, stock exchange tax declarations, and annual securities accounts tax obligations relating to their foreign accounts.
We also provide the necessary support to manage and optimize the reporting of investment income and capital gains on financial assets.
Where assets have not been subject to the correct tax treatment in the past, our team of experts can assess whether a tax regularization is possible and will determine the most appropriate approach.
Tax Rulings
We have extensive experience in obtaining advance tax rulings for banking products, traditional and private equity funds (including, where relevant, carried interest structures), as well as investment insurance products.
Such a “product ruling” not only provides protection for the Belgian intermediary or issuer regarding withholding obligations, reporting requirements, and potential information exchange obligations, but also offers investors greater legal certainty and peace of mind regarding their own tax obligations.
