Tax on stock-exchange transactions

Tax on stock-exchange transactions (TST)

  • Who is liable to pay the tax on stock exchange transactions (TST)?
    • The professional intermediaries established in Belgium, on the transactions that they carry out on behalf of third parties or on their own behalf.
    • The natural persons having their usual residence in Belgium and the legal persons on behalf of a registered office or an establishment thereof in Belgium, on the transactions that are entered into or executed in their name and on their behalf by a professional intermediary established abroad, unless they can demonstrate that the tax on stock exchange transactions has been paid.

    (Article 1262Code on miscellaneous levies and taxes (CMLT))

  • Which transactions are subject to the TST?

    The transactions that are subject to the tax in accordance with Article 120 CMLT when they are entered into or executed in Belgium, are:

    • The disposal and acquisition for a consideration of Belgian or foreign securities;
    • The repurchase of own capitalisation shares by an investment company.

    (Article 120, CMLT)

  • Where and how does the TST have to be paid?

    The tax must be paid via bank transfer or deposit to the following bank account:

    BE64 6792 0022 2952, PCHQ BE BB, van het Inningscentrum – sectie diverse taksen
    Koning Albert II-laan 33 bus 431
    1030 Brussel
    Tel. +32 257 915 70 – Fax +32 257 993 44 – CPIC.TAXDIV@minfin.fed.be

    It is important that the communication accompanying the payment is structured as following: ‘TOB/identification number of the one who declares’.

    The (Belgian or foreign) professional intermediary has to pay the tax on stock exchange transactions at the latest on the last working day of the month following the month in which the transaction was entered into or executed (Article 125, (1), first paragraph, 2nd point, Code on miscellaneous levies and taxes).

    The instructing party liable to pay the tax on stock exchange transactions has to pay at the latest on the last working day of the second month following the month in which the transaction was entered into or executed (Article 125, (1), first paragraph, 1st point, Code on miscellaneous levies and taxes).

    For example, an instructing party who undertakes transactions that are subject to the tax on stock exchange transactions in July and August, can carry out the payment thereof in September for all transactions that have been undertaken during those two months. Additionally, for the transactions entered into or executed in August, he/she has the possibility to pay the tax in October.

    (Article 125, CMLT)

  • How to fill in the declaration concerning the TST?

    Download

    print, fill in and send this to:

    Inningscentrum – Diverse Taksen
    Koning Albert II-laan 33 bus 431
    1030 Brussel
    E-mail:
    CPIC.TAXDIV@minfin.fed.be
    Tel.: +32 257 915 70 - Fax: +32 257 993 44

    Caution: when you send the declaration via post, do not send a second declaration via e-mail and vice versa. This causes confusion and can lead to double taxation.

    The declaration has to be filed at the latest on the day of the payment of the tax. In case the declaration is sent by post, delivery terms must be taken into account.

    For example, an instructing party who undertakes transactions that are subject to the tax on stock exchange transactions in July and August, can include in the declaration, that has to be filed at the latest on the last working day of September, not only the transactions that it has undertaken in July but also the transactions that it has undertaken in August.  In other words, it has the possibility to include in the declaration the transactions that were undertaken during the two previous months.

    Request for authorisation of a representative responsible by a professional intermediary not residing in belgium and commitment of the said representative

    (Article 125, CMLT)