Your crypto tax investor profile in Belgium

This is necessary to know your crypto tax rate in Belgium.
The Belgian crypto-currency tax legislation requires you to answer different questions in order to be able to process your taxable disposals with the right tax rate. The answers to the questionnaire determine your level of risk on your various crypto-currency transactions which will define your applicable tax rate and the modalities of your crypto tax return on the Belgian administration website.

The good father will be considered tax-free on capital gains made in crypto-currencies. Therefore, buying and selling crypto does not require any tax declaration. On the other hand, although Belgian crypto taxation is not very clear, other transactions are subject to crypto tax, even for the good father. This is the case for staking income, farming income and passive crypto income in general, which are recurring income and must be subject to a specific tax return in the category of income from movable property. The rate applicable to crypto staking operations would therefore be 30% on the market value of the received crypto deposit at the date of the latter.

The crypto-currency speculator will be subject to tax on his crypto gains, the capital gains realized on crypto exchanges against a legal tender (euros, dollars..) and/or on the purchase of goods or services will be taxed at the rate of 33% in the "diverse" income category.

A tax return will therefore be required for capital gains realized on the purchase and sale in addition to recurring gains related to staking and crypto-currency farming which concerns all investment profiles.

Professional crypto-currency traders will be taxed on its crypto gains at the progressive rate of business income tax set between 25 and 50% in the category of industrial, commercial or agricultural business profits. 

This investment profile concerns companies, traders and miners of crypto-currencies who are organized and who make speculation in crypto-assets their main activities as well as their main sources of income.

The tax legislation in crypto-currency remains unclear and opinions differ on this subject. Several interpretations and a parliamentary answer make us think that this is not obligatory. As a precautionary measure, you may nevertheless decide to contact the Belgian tax authorities in this regard.

The tax season in Belgium for crypto taxes is the same as for other main types of income. It starts at the end of April or the beginning of March depending on the year.

The deadlines for reporting in 2022 are as follows:

• Paper declaration: 30 June 2023
• Dematerialised declaration: 15 July 2023
• Via a chartered accountant: 30 September 2023

You will not be taxed on your crypto-currency earnings if your investment profile is that of a good family man and the only operations carried out are the storage of your crypto-currencies, no tax will be due.

In the case of other operations such as staking, farming and any other recurring income received in crypto-assets, a tax return will be required and payment of income tax at the rate of 30% will be recommended.

Income from crypto-currency staking is subject to taxation as interest income. This recurring income should be subject to a specific tax declaration in the category of income from movable property. The rate applicable to crypto staking operations would therefore be 30% on the market value of the received crypto deposit at the date of the latter. 

Exemple :  I receive 0.10 ETH from staking for a value of 150 euros, I declare 150 euros as income from movable property.

The carry forward of crypto losses is possible for 5 years following the year of the tax return directly on the website of the Belgian tax administration under Box VIII; "Previous losses and deductible expenses".