Laatste update: 4 december 2025
Hoewel het aanvankelijk leek dat het tarief van de taks op effectenrekeningen ongewijzigd zou blijven, werd het tarief onlangs toch opgetrokken van 0,15% naar 0,30%. Bovendien heeft de wetgever recent ingrijpende veranderingen doorgevoerd met het oog op versterking van de controlemogelijkheden van de administratie, waarover heel wat tumult ontstaan is.
These reforms were prompted by recommendations from the Court of Audit, which exposed some loopholes that allowed the tax to be evaded.
1. What is the impact fee?
The securities tax is a jaarlijkse belasting levied on securities accounts whose average value is more than 1 million euros amounts. When this threshold is exceeded, the tax is levied on the full value of the securities account.
All financial instruments held in a securities account are covered. This includes, among other things stocks, bonds and mutual funds, as well as other financial products managed through a securities account.
Op vandaag bedraagt de effectentaks 0.15%. In het recente begrotingsakkoord werd beslist dat dit tarief wordt opgetrokken naar 0.30%. Momenteel is het echter nog niet duidelijk wanneer deze tariefverhoging zal ingaan. We volgen dit uiteraard van nabij op.
2. New anti-abuse provision
The recent legislative changes are not aimed at adjusting the fee itself, but rather at creating a strengthening control instruments available to the Administration.
After the Constitutional Court overturned the original anti-abuse provision, there was a need, according to the Court of Audit, for a new provision to abuse counter. Indeed, some methods were used in practice to fall outside the scope of the securities tax.
The new anti-abuse provision vis, therefore, two types of operations:
- The conversion of securities in a securities account to registered securities, which are excluded from the tax (to protect family businesses).
- The split of a securities account in order to bring the value below the taxable threshold.
When these transactions occur at a time when the value of the securities exceeds the taxable threshold, they are presumed to be for the purpose of collecting the tax dodge. This suspicion is refutable, but it is up to the taxpayer to prove otherwise. For example, the holder can prove that the transaction was carried out primarily for a motive other than avoiding the tax.
The legislature gives some examples of acceptable opposable situations:
- A donation by a parent of bare ownership of the securities account to the children in which the parent holds the usufruct retains;
- Splits beyond the will of the account holder in the event of a divorce or a death giving rise to a forced undividedness.
3. Notification requirement
For control purposes, a notification requirement introduced. It is the Belgian intermediary or liable representative (usually the bank or financial institution) that must report any conversion or transfer of securities accounts to the Administration. This notification must within the month happen. Failure to do so risks a fine between 250 and 2,500 euros.
For securities accounts held in the abroad for which no there is no liable representative, the notification obligation (and therefore any penalties) rests on the holder himself.
4. Expanding access to the CAP
In addition, the Administration's access to the CAP (= central contact point of the National Bank) expanded. Authorized officials of the FPS Finance can request data with a view to verifying the correct declaration of the securities tax. These data are required to be communicated by Belgian banks and financial institutions.
Conclusion
Impact fee reform does not change the rate, but strengthens control and combats circumvention practices. With a new anti-abuse provision and a notification requirement for conversions and transfers, the legislature aims to transparency and compliance guarantee.
In addition, the Administration will have broader access to the CAP, allowing supervision more efficiently becomes. These measures should make evading the tax significantly more difficult.
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