Digital assets (cryptocurrencies, tokens, stablecoins) are gradually emerging from a regulatory grey area. With the entry into force of the European MiCA (Markets in Crypto-Assets Regulation) and the strengthening of anti-money laundering and tax evasion measures, Belgian companies active or invested in crypto-assets must now comply with a much more structured framework.
The stated objective at European level is twofold: to secure markets and improve tax traceability. MiCA imposes increased obligations on crypto-asset service providers (exchange platforms, custodians, token issuers), but its effects extend far beyond these players alone. ‘Traditional’ companies are also affected if they hold digital assets, use them as a means of payment or integrate them into their cash management.
Several trends are emerging in Belgian taxation. On the one hand, the tax authorities are moving towards better identification of flows related to crypto-assets, in particular through the automatic exchange of information at European level (DAC8 to come). Crypto accounts, hosted wallets and transactions on foreign platforms will become increasingly visible to the Belgian tax authorities. On the other hand, the tax classification of income (professional income, miscellaneous income or investment income) is receiving increased attention during audits.
For Belgian companies, crypto-assets are in principle treated as financial assets or intangible fixed assets, depending on the intention to hold them. Capital gains are included in taxable income and are subject to corporation tax (20% or 25% depending on the applicable regime). There is no specific or favourable regime comparable to that sometimes mentioned for individuals. Correct accounting (valuation, impairment, treatment of unrealised losses) is therefore essential.
MiCA also requires consideration of operational aspects: secure storage of private keys, documentation of transactions, economic justification of investments in crypto, and consistency with the company’s corporate purpose. These elements will be increasingly scrutinised in the event of a tax or banking audit.
Our mission in the field of corporate taxation is to help you manage a reasonable tax burden that aligns with your income and the opportunities provided by tax legislation.
