Finance Minister Jan Jambon (N-VA) is exploring the legal feasibility of implementing a new capital gains tax from 1 January, despite being unable to pass the required legislation before then, De Tijd and L’Echo reported on Tuesday.
Banks have raised concerns about potential chaos and are advocating for the tax to be introduced only after the requisite legislative vote.
However, the government remains intent on enforcing the tax retroactively from 1 January, a move that has sparked significant legal and practical questions, such as whether a tax can be imposed without a formal law in place.
Banking federation Febelfin has stated that withholding capital gains tax at source is legally impossible under such circumstances.
The government is now conducting further legal analysis to assess this possibility.
