For years, crypto operated in a grey area. Although it quickly became clear that capital gains from crypto investments were taxable under certain conditions, European tax authorities had insufficient visibility into transactions carried out through (foreign) exchanges and wallets to effectively monitor their tax treatment.
However, the Act of 16 March 2026 transposing Directive (EU) 2023/2226 (DAC8) will change this permanently.
Under the new rules, crypto platforms will be required, from the 2026 calendar year onwards, to systematically share information about their users and transactions with tax authorities within the European Union.
What exactly is DAC8?
DAC8 is a European directive designed to increase tax transparency surrounding crypto assets. The rules require crypto-asset service providers to collect and report information about certain users and transactions to European tax authorities. This information is then automatically exchanged between the various Member States.
The purpose of the directive is therefore clear: to prevent taxable crypto transactions from remaining outside the tax authorities’ view.
What information will the tax authorities receive?
Although DAC8 does not introduce a new tax, it does create an unprecedented flow of information to the tax authorities. The following information, among other things, will become available:
- the identity of the user(s);
- tax residence;
- the tax identification number;
- details of the crypto accounts used;
- transactions in which crypto is converted into fiat currency and vice versa;
- transactions in which crypto is exchanged for other crypto assets.
When will reporting begin?
The first reporting period covers the 2026 calendar year.
The crypto platforms concerned must provide their data to the competent tax authorities by 30 June 2027 at the latest. From that point onwards, national tax authorities within the European Union will exchange the information with each other.
For Belgian investors, this means that the tax authorities will have access to a significant amount of data in the relatively near future.
DAC8 does not change the tax rules, but it does change the authorities’ ability to carry out checks
An important misconception is that DAC8 introduces new taxes on crypto. To be clear, this is not the case.
The existing national tax rules remain applicable. Capital gains realised from 1 January 2026 onwards within the normal management of private assets are subject to the 10% capital gains tax. Speculative transactions (33%) or professional activities (progressive rates of up to 50%), on the other hand, may result in higher taxation.
What DAC8 does change is the ability of the tax authorities to effectively verify the correct tax classification of crypto capital gains. Whereas many transactions were previously simply not visible to the authorities, this information will now be automatically forwarded to the competent tax authority.
Will the tax authorities also look at the past?
The first DAC8 reporting, which will take place by 30 June 2027 at the latest, relates to transactions carried out during the 2026 calendar year.
However, we should emphasise that the information that becomes available may of course give rise to additional tax-related questions. If the authorities find indications that certain income or capital gains were incorrectly reported in the past, they may carry out additional audits within the statutory time limits.
A new era of tax transparency
The introduction of DAC8 marks the end of the relative anonymity that has characterised crypto for years.
For Belgian crypto investors, the message is clear: the national tax rules are not changing, but the visibility of your transactions to the tax authorities is.
Conclusion
With the transposition of DAC8 into Belgian law, crypto investors, and more specifically their crypto capital gains, will suddenly become visible to the tax authorities. In addition, the obligation for Belgian crypto-asset service providers to proactively report information about their users to the CPC was also recently enshrined in law.
Crypto investors who, in recent years, have failed to include the existence of their foreign crypto account in their personal income tax return, report it to the CPC and declare their taxable capital gains will therefore soon come to the attention of the Belgian tax authorities.
Do you have questions about the upcoming international exchange of information, or would you like assistance in reconstructing your investment file and determining the corresponding tax treatment of your capital gains?
Do not hesitate to contact one of our specialists.
