Capital Gains Tax: Accountants Don’t Want to Become “Tax Watchdogs”

The 2026 tax reform introduces a tax on certain capital gains and now requires intermediaries to take on a reporting role. Accountants, bankers, and lawyers must report the transactions concerned – a requirement that is strongly criticized by the OECCBB (Order of Recognized Accountants and Tax Advisors).

Legislative context

The project, adopted in its first reading, creates a tax on internal capital gains and the sale of substantial holdings (≥ 20%). The MR (Mouvement Réformateur) managed to limit its scope: there is no longer a requirement to report the acquisition value, and some intermediaries are excluded.

Obligations imposed on intermediaries

The text requires that any intermediary “involved in the execution or management” of a transaction is legally obliged to report it to the tax authorities. This includes accountants, lawyers, bankers, etc.

Response from the Order (OECCBB)

1. Administrative overload: Already overwhelmed, the sector refuses this mandatory role.
2. Risk to the trust relationship: The accountant used to have a confidential relationship with their clients. The obligation to report puts them in a delicate position – as a “tax watchdog,” according to E. Degrève.
3. Violation of professional secrecy: Professional secrecy is essential to protect SMEs (small and medium-sized enterprises) and private initiative.

Call for responsibility

The Order demands:

• Respect for professional secrecy.
• Simplification of the imposed procedures.
• Recognition of the strategic role of accounting professionals: more as advisors, less as coercive agents of the state.