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To which insurance contracts does the capital gains tax apply?

A 10% tax applies to capital gains realized upon surrender or maturity of certain life insurance policies. More specifically, the following policies are affected: Branch 21 savings insurance: for which the eight-year term has expired with death benefit coverage of at least 130% of the premiums paid Branch 23 investment insurance policies Investment insurance policies combining Branch 21 and Branch 23, also known as Branch 44. If a Branch 21 or 26 policy (capitalization transaction) is subject

Can capital losses be deducted?

Realized capital losses may be deducted from realized capital gains, provided they relate to the same category of financial assets and were realized in the same year.Capital losses are always deducted through the tax return (see below). You must therefore request this deduction yourself.However, it is not possible to carry forward capital losses to the following year.

Is it possible to qualify for a capital gains tax exemption?

There is a basic annual exemption of €10,000 per taxpayer on the total capital gains realized during a single year. This amount is adjusted annually.Taxpayers who do not use the exemption may carry forward a maximum of 1,000 euros to the following year for up to 5 years, up to a total of 15,000 euros.

When is capital gains tax due?

When a life insurance policy is subject to capital gains tax, the tax is due as soon as a capital gain is realized upon surrender or upon the payment of the death benefit at the end of the policy term.If the policy is paid out following the death of the insured, the beneficiaries under the death benefit clause do not have to pay any capital gains tax on the realized gains. It goes without saying, however, that inheritance tax may still be due in accordance with applicable law.

How is capital gains tax collected?

There are two ways to collect capital gains tax. The standard method is withholding tax (opt-in). The standard method provided for by law is withholding at source. This means that the insurance company automatically withholds the tax when the lump-sum payment is made and remits it to the tax authorities. You can include these capital gains on your tax return to take advantage of the annual exemption and to deduct any capital losses. With the other method, there is no withholding tax (opt-out

Who is liable for capital gains tax?

This 10% capital gains tax applies to natural persons with a tax residence in Belgium and non-profit associations and foundations with the exception of those that are being recognised as tax deductible for gifts. Natural persons with a tax residence outside Belgium and legal entities (such as companies that are subject to corporate income tax) are exempt from capital gains tax.

How and at what rate is the capital gains tax calculated?

The capital gains tax rate is 10%. Capital gains tax applies only to capital gains realized on or after January 1, 2026. Capital gains accrued before that date are exempt. For contracts entered into on or after January 1, 2026, the taxable capital gain is the positive difference between the paid-out capital and the total amount of premiums paid. For contracts entered into before January 1, 2026, the reserve as of December 31, 2025 (the “snapshot date”) serves as the reference value. In this

2023 SFCR Report

) levensverzekeringscontracten in tak 21 en schadeverzekeringscontracten in tak 1 ingeschreven door Family Protect NV tussen 2010 en 2016 of door AXA Belgium NV tussen 2013 en 2018 onder de titel "Capital Cash", "Cover Cash", of "Accidental Cash", (iii... between 2010 and 2016 or by AXA Belgium NV between 2013 and 2018 under the title “Capital Cash”, “Cover Cash”, or “Accidental Cash”, (iii) life insurance contracts in branch 23 underwritten between 2012 and 2015 under the title “Happy Life” (150,986

2022 SFCR Report

Belgium NV tussen 2013 en 2018 onder de titel "Capital Cash", "Cover Cash", of "Accidental Cash", (iii) levensverzekeringscontracten in tak 23 die tussen 2012 en 2015 zijn afgesloten onder de titel "Happy Life" (176,122 polissen per 31 december 2022... between 2013 and 2018 under the title “Capital Cash”, “Cover Cash”, or “Accidental Cash”, (iii) life insurance contracts in branch 23 underwritten between 2012 and 2015 under the title “Happy Life” (176,122 policies as at 31 December 2022) (the “AXA