📢 Capital gains tax: latest update
The Minister of Finance has issued important clarifications on the new Belgian capital gains tax regime, which are highly relevant for M&A transactions.
Our LDS Tax team has analysed the government’s document and listed the key takeaways:
➡️ Earn-outs linked to pre-2026 transactions remain out of scope
➡️ PE structures with minority reinvestment (even with joint control) would not be subject to the internal capital gain tax
➡️ Contributions to partnerships can be tax-neutral, while an exit of the partnership could trigger capital gain tax
➡️ External valuation reports would be useful for the 31/12/25 snapshot, even if higher than an FY25 third party transaction
While these clarifications are not yet formally embedded in the legislation, they provide welcome guidance for deal structuring.
Discover the key topics and practical takeaways on our LinkedIn post.