The capital gains tax on your real estate company?

Determine the tax base of your patrimony or real estate company before December 31, 2026, and avoid unnecessary capital gains tax in the future!

As of January 1, 2026, a new 10% capital gains tax will apply in Belgium on profits made from the sale of financial assets by a private individual. Especially the sale of real estate companies can be subject to an important capital gains tax, there-fore it is important to set a fiscal baseline or starting point on December 31, 2025 which will decrease significantly the taxable amount when shares are sold in the future.

10% tax on capital gains 
From 2026 onward, you will pay 10% tax on capital gains realized from the sale of shares or other financial assets. An exemption of €10,000 is granted. If not used, this amount increases by €1,000 annually, up to a maximum of €15,000 after five years (30.000 € as a couple). If you hold at least 20% of the shares at the time of sale, you qualify for a preferential capital gains tax regime:
- Up to €1 million in gains: fully tax-free
- €1 million to €10 million: tiered rates starting at 1.25%
- Above €10 million: full 10% tax rate applies

Why accurate property appraisal is critical
Only capital gains accrued after January 1, 2026 will be taxed and is it crucial to document the zero value of your company’s shares on of December 31, 2025. The government provides a default formula for calculating the share value: (EBITDA × 4) + equity. While simple, it is for real estate companies more interesting to use a fair valuation of each property in the company. Although the reference date is December 31, 2025, you have until December 31, 2026 to have the valuation report prepared and submitted. 

Prepare the sale of your real estate company on time to avoid unnecessary capital gains tax in the future!
The new capital gains tax affects all entrepreneurs in Belgium, but real estate is by far the sector where assets are most often transferred via shares. The sale or donation of your shares will eventually become relevant. A correct, fiscally substantiated valuation is essential to avoid unpleasant tax surprises. Our valuation experts provide an objective appraisal of the real estate held within your company. Based on this, our partner – a specialised tax lawyer – determines the overall value of the shares and establishes a defensible fiscal baseline as of 31/12/2025.

⚠️ Important: the valuation of the fiscal baseline as of 31/12/2025 must be completed no later than 31/12/2026..

Contact our expert for an appointment or a quote.

References:
The new capital gains tax on financial assets 
Agreement on the new capital gains tax on financial assets