End of year in sight: these tax changes can already have an impact now

The end of the year is in sight. Before it's time to party, we'd like to highlight some important tax changes. Some measures have already received final approval, others are still in the pipeline, but are already having an impact on your planning. So you'll be well prepared to start 2026 with peace of mind.

We previously published an article with the socio-legal changes for employers in 2026. Be sure to review this as well.

1. Liquidation reserve and VVPRbis to 18% (design)

Extensive info on the increase in withholding tax on VVPRbis reserves and liquidation reserves can be read in our earlier article: Increase in withholding tax on distribution of reserves: what does this mean for you?

2. Elimination of federal interest deduction 2nd stays (final vote)

In line with the elimination of the ordinary interest deduction, the Federal interest deduction for second residences eliminated. Interest paid on debt for a 2nd residence can be as of revenue year 2025 (AJ 2026) are no longer deducted.

This measure also applies to current debts!

3. Value-added commercial vehicles (final vote)

The exemption of capital gains on commercial vehicles was permanently abolished as of September 1, 2025.

4. VAT adjustments (design)

At the time of the budget agreement in late November, it was communicated that the VAT rate for takeaway, ‘sports and recreation’ and overnight stays in hotels and campsites rises from 6% to 12%.

This drew a lot of criticism from the affected sectors. Among others, the hotel sector asked deferral. There would be one now, so all VAT increases would be delayed until March 1, 2026.

Also, the VAT reduction from 21% to 12% for non-alcoholic drinks at pub or restaurant would only take effect from March 2026.

5. FDI-bevek: tax treatment of dividends and capital gains (final vote)

Two separate measures have been introduced, each to be assessed separately.

5.1. Measure one: separate assessment on capital gains

As of revenue year 2025 (AJ 2026) applies a separate assessment of 5% on the exempt portion of capital gains on shares of a FDI Sicav or other regulated investment companies. This tax only applies when the shares are sold in the secondary market, i.e., to a third party.

However, this measure will usually no impact have since these shares are rarely sold externally and are rather a repurchase of own shares. As the capital gain on repurchase of own shares is a dividend and not a capital gain, this new measure will therefore rarely apply.

*Private Privaks are explicit exempt of this 5% levy, regardless of whether the sale is through the secondary market or through repurchase by the fund itself.

5.2. Measure two: creditability of withholding taxes

As of revenue year 2025 (AJ 2026) limits the creditability of withholding tax on dividends from DBI beveks and other regulated investment companies. The credit is only possible if the acquiring company grants minimum remuneration to at least one manager (natural person) during the taxable period (same rules of play as for the reduced rate).

If this condition is not met, the withholding tax cannot be offset. This obligation does not apply to recognized cooperative societies.

Note: If remuneration has yet to be granted to a company director, it may be more fiscally advantageous to do so through a tantième instead of a regular salary, but keep in mind the legal obligations associated with this (economic motive).

6. Abolition of copyright cost flat rate (design)

Federal government wishes to largely eliminate the cost flat rate for copyright income as of income year 2026. Thus, the flat-rate expense deduction would only continue to apply to copyright income when the taxpayer has a artwork certificate disposes.

For all other copyrights, only the actual costs are still deductible. The preferential tax rate on copyright income of 15% does remain.

Note: in the case of copyright, the date of payment. Copyrights that relate to 2025 but are paid out in 2026 are thus already covered by the new scheme! So, to the extent possible, copyrights are best paid out in 2025.