Newsletter: Analysis of the new capital gains tax

Dear reader,

After several months of political discussions, the new capital gains tax was finally adopted on 3 April 2026 and applies as from 1 January 2026. This reform has implications for taxpayers, particularly in the area of Compensation & Benefits.

It notably affects equity-based incentive plans and incentive mechanisms (free shares, stock options, warrants, etc.), as well as the international mobility of employees, with the introduction of, among other things, an exit tax.

In addition, this new tax raises a number of compliance-related questions, including reporting obligations, the possibility to opt out of withholding at source through the intermediary, and the calculation of the tax-exempt threshold, which may vary from year to year.

This new framework therefore calls for further clarification and requires particular attention to a number of key aspects.

In this Newsletter, we first outline the legal framework of this new tax, before addressing specific points of attention in the field of Compensation & Benefits (see point 7 below).

Enjoy the read!