DAC8 Reporting in Belgium: Practical Guide

Belgium, with its complex federal structure and active financial services sector, is preparing to implement the DAC8 directive for crypto-asset reporting. The Belgian tax administration has been expanding its focus on digital assets, and DAC8 will bring standardised reporting requirements to crypto-asset service providers operating in the country. This guide covers the practical aspects of DAC8 compliance in Belgium.

National Authority

The Service Public Federal Finances / Federale Overheidsdienst Financien (SPF Finances / FOD Financien), Belgium's Federal Public Service Finance, is the competent authority for tax administration, including international exchange of information. The Administration generale de la Fiscalite (AGFisc) within SPF Finances handles direct tax matters and is expected to oversee DAC8 reporting. Belgium already participates in CRS and FATCA exchanges through this authority.

Submission Requirements

Belgium's tax administration has been modernising its electronic filing capabilities, and DAC8 submissions are expected to be managed through digital channels.

• Format: Reports should follow the OECD CARF XML schema as required by the DAC8 directive. SPF Finances may publish additional technical specifications for Belgian submissions.
• Language: Belgium has three official languages: Dutch, French, and German. Tax communications are typically conducted in the language of the reporting entity's registered region. However, DAC8 XML submissions may follow standardised international formats. Specific language requirements should be confirmed with SPF Finances.
• Submission channel: Belgium may integrate DAC8 reporting into its existing electronic tax platform (MyMinfin/Biztax) or establish a dedicated channel. The exact submission method is to be confirmed by the national authority.
• Enterprise number: Reporting entities operating in Belgium typically need a Belgian enterprise number (numero d'entreprise / ondernemingsnummer) for tax filings.

Transposition Status

Belgium must transpose the DAC8 directive into national law by December 31, 2025. Given Belgium's federal structure, the transposition involves the federal government, as direct taxation is primarily a federal competence. The Federal Parliament is responsible for adopting the implementing legislation. Belgium has occasionally experienced delays in transposing EU directives, so reporting entities should monitor the Moniteur Belge / Belgisch Staatsblad (Official Gazette) for updates.

Local Variations

Belgium may introduce specific national requirements:

• FSMA registration: Crypto-asset service providers in Belgium are subject to registration with the Financial Services and Markets Authority (FSMA). DAC8 obligations may be linked to this regulatory framework under MiCA.
• Tax on speculative gains: Belgium's tax treatment of crypto-assets can be complex, with gains potentially classified as professional income, miscellaneous income, or non-taxable depending on circumstances. DAC8 data may help authorities assess the nature of crypto-asset activities.
• Cayman Tax considerations: Belgium's transparency tax (Cayman Tax) on certain structures may interact with crypto-asset reporting.
• Annual account of securities (TOB): Belgium may consider how DAC8 reporting interacts with existing financial reporting obligations.

Key Dates

• Transposition deadline: December 31, 2025 (directive must be incorporated into Belgian law)
• Data collection begins: January 1, 2026 (reporting entities should start gathering reportable information)
• First reporting period: Calendar year 2026
• First reports due: 2027 (exact date to be confirmed by SPF Finances)

Practical Tips

• Clarify language requirements early: Given Belgium's multilingual environment, confirm which language should be used for DAC8 submissions and any accompanying correspondence.
• Monitor the Moniteur Belge: All implementing legislation will be published in Belgium's Official Gazette. Check regularly for relevant laws and royal decrees.
• Engage with SPF Finances: The Belgian tax authority may organise information sessions or publish circulars regarding DAC8 implementation. Stay informed through official channels.
• Coordinate with FSMA obligations: Ensure your DAC8 reporting preparations align with regulatory requirements under the FSMA and the transition to MiCA.
• Prepare for complexity: Belgium's tax system is known for its complexity. Consider engaging specialised Belgian tax advisors to navigate the intersection of DAC8 with domestic tax obligations.
• Test data quality: Ensure that taxpayer identification data, particularly Belgian National Register Numbers (Rijksregisternummer / Numero de registre national), is accurately collected and validated.

Important Notice

This guide provides general information about DAC8 reporting in Belgium. Requirements may change as the directive is transposed into national law. The information presented here should not be treated as definitive legal or tax advice. Always consult the SPF Finances / FOD Financien for the latest official requirements. For specific compliance questions, seek advice from qualified Belgian tax professionals.