Is crypto legal in Belgium? Rules & regulation (2026)

Legal framework

EU Markets in Crypto-Assets Regulation (MiCA, Reg. (EU) 2023/1114) as implemented by the Belgian Act of 11 December 2025 (published in the Belgian Official Gazette on 24 December 2025; in force 3 January 2026); twin-peaks supervision by the FSMA (Financial Services and Markets Authority) and the National Bank of Belgium (NBB). AML/CFT is governed by the Act of 18 September 2017 and the EU AML package; taxation by the Income Tax Code as amended by the 2026 capital-gains tax law.

Status by sub-area

• Stablecoins

  In force

  MiCA Titles III (ART) and IV (EMT) apply in Belgium with the National Bank of Belgium as the prudential authority for issuers; EMTs are treated as e-money and subject to EMD II rules. Issuance, reserve backing, redemption-at-par and white-paper notification obligations all apply.

• Exchanges / VASP

  In force

  Crypto-asset service providers (exchanges, brokers, trading platforms) must be authorised under MiCA Art. 63 by the FSMA (or by the NBB where the provider is a credit institution or stockbroker). Authorisation has been operational since 3 January 2026, with conduct, prudential, capital, governance and market-integrity rules applying directly.

• Token Offerings

  In force

  Public offers and admission to trading of non-ART/non-EMT crypto-assets require a MiCA-compliant white paper notified to the FSMA before publication; the FSMA does not pre-approve white papers but can suspend trading if they are non-compliant. Tokens qualifying as investment instruments fall outside MiCA and require a prospectus under the EU Prospectus Regulation.

• Custody

  In force

  Custody and administration of crypto-assets is a regulated CASP service under MiCA Arts. 70 and 75, supervised by the FSMA. Custodians must segregate client assets from their own, maintain a register of positions, provide a quarterly statement to clients and are liable for loss of client crypto-assets up to the market value of the lost assets.

• DeFi

  Unclear

  Belgium has no dedicated DeFi regime; MiCA Recital 22 excludes 'fully decentralised' services without intermediaries from its scope, but front-ends, governance tokens and identifiable operators can still be caught. The Commission's MiCA review (due 30 December 2024 and ongoing in 2026) is expected to propose tailored DeFi rules.

  Still pending: Commission MiCA review (ongoing in 2026) expected to propose tailored DeFi rules for Belgium

• Tax

  In force

  From 1 January 2026 Belgium applies a 10% capital-gains tax on crypto gains realised by private investors as part of 'normal management of private wealth', with a €10,000 annual exemption (carry-forward up to €15,000). Speculative gains are taxed as miscellaneous income at 33% + municipal surcharge; professional traders are taxed at progressive rates up to 50% plus social contributions. Exchange and intermediary services in crypto are VAT-exempt under the Hedqvist case-law applied by FPS Finance.

How to get a crypto license in Belgium

To provide crypto-asset services in Belgium you need a MiCA CASP authorisation (Crypto-Asset Service Provider), supervised by the Financial Services and Markets Authority (FSMA), under the EU Markets in Crypto-Assets Regulation (MiCA), Title V.

Authority

the Financial Services and Markets Authority (FSMA)

License required

a MiCA CASP authorisation (Crypto-Asset Service Provider)

Framework / law

the EU Markets in Crypto-Assets Regulation (MiCA), Title V

Minimum capital

€50,000–€150,000 minimum, by service class (Class 1/2/3)

Timeline

about 40 working days of substantive review; 1–3 months for a well-prepared application

Cost

an application fee of roughly €5,000–€25,000, plus ongoing supervisory fees

Passporting

Yes: a single MiCA CASP licence passports across all 27 EU member states.

Step by step: getting a crypto license in Belgium

1. 1

   Incorporate a legal entity with a registered office in the member state, with at least one director resident in the EU.

2. 2

   Build the application file: programme of operations, business plan, governance, AML/CFT, ICT resilience and client-asset segregation.

3. 3

   Submit the application to the national competent authority.

4. 4

   Completeness check: the authority has 25 working days to confirm the file is complete and request anything missing.

5. 5

   Substantive assessment: the authority has 40 working days to grant or refuse the authorisation.

6. 6

   Once authorised, notify the passport to the host member states you intend to serve, then begin operating across the EU.

Key points: crypto & digital assets in Belgium

1. 01MiCA implementing law in force

   The Act of 11 December 2025 implementing MiCA was published on 24 December 2025 and entered into force on 3 January 2026; Belgian sanctions and enforcement powers became fully operational on that date.

   dlapiper.com aeacus.be

2. 02Twin-peaks competent authorities

   FSMA supervises CASPs (other than credit institutions and stockbroking firms) and crypto-asset public offers / admissions to trading; NBB is the prudential supervisor for ART/EMT issuers and for CASPs that are credit institutions, stockbrokers, CSDs or e-money institutions.

   dlapiper.com fsma.be esma.europa.eu

3. 03CASP authorisation operational

   Since 3 January 2026, services such as custody, trading, portfolio management or operation of trading platforms may no longer be offered in/from Belgium without a MiCA Art. 63 CASP authorisation; applications go to casp@fsma.be.

   fsma.be simontbraun.eu

4. 04Transitional grandfathering until 1 July 2026

   Providers that lawfully offered services before 30 December 2024 under prior national law may continue to provide the same services until 1 July 2026 or until their MiCA authorisation is granted/refused, whichever is sooner.

   fsma.be esma.europa.eu

5. 05New capital-gains tax on crypto from 1 January 2026

   Belgium's first general capital-gains tax on financial assets (adopted by Parliament on 2 April 2026, retroactive to 1 January 2026) applies a 10% rate to private-investor crypto gains, with a €10,000 annual exemption; speculative gains remain taxed at 33% and professional gains at progressive rates up to 50%.

   news.pwc.be simontbraun.eu lexgo.be

6. 06DAC8 transposed into Belgian law

   The Belgian Parliament adopted the DAC8 implementing law on 12 March 2026 (published 1 April 2026, retroactive to 1 January 2026), obliging CASPs to collect and report customer-transaction data to the FPS Finance for automatic exchange with EU tax authorities.

   blockpit.io bakertilly.be

Crypto license in Belgium: FAQ

Timeline of decisions

1. 11 Dec 2025Law · official
   Belgium enacts law implementing MiCA, designating FSMA and NBB as competent authorities

   The law of 11 December 2025 (adopted in plenary 4 December, published in the Belgian Official Journal) sets up the national supervisory architecture for MiCA: the FSMA authorises and supervises crypto-asset service providers (CASPs) and is sole authority for conduct rules, while the NBB handles prudential supervision of regulated entities like credit and e-money institutions. This made full MiCA licensing operational in Belgium.

   FSMA

2. 9 Oct 2025Law
   Belgian 'Crypto Bill' introduced in Parliament to implement MiCA

   The government tabled the bill specifying which authorities supervise MiCA in Belgium, choosing a dual FSMA/NBB framework rather than keeping the FSMA as sole regulator. It set the stage for the December 2025 implementing law.

   DLA Piper

3. 30 Dec 2024Law · official
   EU MiCA Regulation becomes fully applicable, including in Belgium

   Titles on CASP authorisation, token offerings and market abuse began applying across the EU, replacing national crypto frameworks with a harmonised regime. Belgian providers became subject to MiCA authorisation requirements (with transitional periods).

   ESMA

4. 1 Jan 2024Enforcement · official
   Crypto scams dominate FSMA fraud warnings

   Across 2024 the FSMA issued 16 warnings against 297 fraudulent entities and 396 websites, with crypto scams and fraudulent trading platforms accounting for roughly half of all reported fraud and over €12.5 million of reported H2 losses. Underscored crypto's prominence as a consumer-protection risk in Belgium.

   FSMA

5. 29 Jun 2023Law · official
   EU MiCA Regulation enters into force

   Regulation (EU) 2023/1114 (published in the Official Journal on 9 June 2023) entered into force, establishing the EU-wide legal framework that would govern crypto-assets in Belgium from end-2024. It is the foundational instrument of Belgium's current regime.

   EUR-Lex (EU)

6. 23 Jun 2023Enforcement · official
   FSMA orders Binance to cease all virtual currency services in Belgium

   The FSMA found Binance was providing crypto exchange and custody services from non-EEA entities in breach of the 2022 registration regime, and ordered it to stop and to return clients' crypto keys/assets or transfer them to authorised EEA entities. A landmark Belgian crypto enforcement action.

   FSMA

7. 17 May 2023Guidance · official
   FSMA advertising rules for virtual currencies enter into force

   Under a Royal Decree of 8 February 2023, paid advertising of virtual currencies to Belgian consumers must be accurate, carry mandatory risk warnings ('Virtual currency, real risks'), and mass campaigns (>25,000 people) must be notified to the FSMA 10 days in advance. One of the strictest crypto marketing regimes in the EU at the time.

   FSMA

8. 1 May 2022Law · official
   Mandatory FSMA registration regime for crypto exchange and custodian wallet providers

   The Royal Decree of 8 February 2022 (transposing AMLD5) took effect, requiring Belgium-established providers of virtual/fiat exchange and custodian wallet services to register with the FSMA and meet AML, expertise, capital and fit-and-proper conditions; non-EEA providers were barred. This created Belgium's first dedicated VASP licensing regime.

   FSMA

9. 15 Jan 2014Guidance · official
   NBB and FSMA issue joint warning on virtual currencies such as bitcoin

   The National Bank of Belgium and the FSMA jointly cautioned that virtual currencies are not legal tender, are not covered by deposit guarantees, and carry significant risks. This marked Belgian authorities' first formal public position on crypto and framed their consumer-protection stance for years.

   FSMA / NBB

Sources

1. 1.fsma.be/en/crypto-asset-service-provider-casp
2. 2.fsma.be/en/faq/20-what-impact-mica-regulation
3. 3.fsma.be/en/crypto
4. 4.dlapiper.com/en/insights/publications/2025/10/implementing-mica-in-belgium
5. 5.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets
6. 6.esma.europa.eu/sites/default/files/2024-12/List_of_Competent_Authorities_notified_to
7. 7.aeacus.be/en/post/mica-becomes-enforceable-in-belgium-the-implementing-act-as-a
8. 8.simontbraun.eu/micar-licence-applications-finally-available-in-belgium/2026/01/05/
9. 9.news.pwc.be/belgiums-comprehensive-capital-gains-tax-changes-key-updates-and-impl
10. 10.simontbraun.eu/the-new-belgian-capital-gains-tax-and-crypto-assets-a-turning-point/2
11. 11.lexgo.be/en/news-and-articles/14707-capital-gains-tax-in-belgium-becomes-reali
12. 12.blockpit.io/tax-guides/crypto-tax-belgium
13. 13.bakertilly.be/en/news/tax-treatment-of-crypto-currencies-capital-gains-tax-and-data