Is the New Belgian Exit Tax for Migrating Individuals Compatible with the Freedom of Establishment?

On 3 April 2026, the Belgian Parliament approved a new capital gains tax for individuals and non-profit organizations realizing capital gains on certain financial assets (e.g. shares, bonds, mutual funds, crypto assets, investment gold, etc.). Since outbound migrations are treated as a deemed disposal, unrealized capital gains are equally targeted. In this article, the authors explore whether this new exit tax is compatible with Court of Justice of the European Union case law dealing with the EU freedom of establishment.

Authors

Publication Details

Journal
European Taxation
Published
2026-08-28
DOI
https://doi.org/10.59403/1mstcwx
Primary Topic
Corporate Taxation and Avoidance
Type
article
Field-Weighted Citation Impact
0.00
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article

Is the New Belgian Exit Tax for Migrating Individuals Compatible with the Freedom of Establishment?

Pieter-Jan Wouters, Julien Deprince
European Taxation
Corporate Taxation and Avoidance
article

Is the New Belgian Exit Tax for Migrating Individuals Compatible with the Freedom of Establishment?

Pieter-Jan Wouters, Julien Deprince
article en

Abstract

On 3 April 2026, the Belgian Parliament approved a new capital gains tax for individuals and non-profit organizations realizing capital gains on certain financial assets (e.g. shares, bonds, mutual funds, crypto assets, investment gold, etc.). Since outbound migrations are treated as a deemed disposal, unrealized capital gains are equally targeted. In this article, the authors explore whether this new exit tax is compatible with Court of Justice of the European Union case law dealing with the EU freedom of establishment.

European TaxationVol. 66(9)
Reduced inequalities
Openalex Percentile: Top 3%
Corporate Taxation and Avoidance
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Is the New Belgian Exit Tax for Migrating Individuals Compatible with the Freedom of Establishment? — Pieter-Jan Wouters, Julien Deprince · European Taxation (2026) | TGRS Research Map | TGRS