For starters, in which European country are you going to be taxed every year without having sold the investment?
It literally says in the most recent article about taxation, that crypto profits are currently taxed at 33% or 50% depending on whether the government sees us as partial traders or full time traders. The terms for this are still vague. It also says that there is currently no taxation for holding BTC, but this is to be expected in the future. By the same token my own bank imposes a wealth tax for people who have more than 60k euros in the bank.
Cite those articles because you have misunderstood for sure. I would have to look at the laws specifically, but I would say that tax for unrealized gains is against European law.
I asked this on a judicial forum in the taxation segment. I asked if I was allowed to transfer my bitcoin holdings to a non EU family member to avoid heavy taxation. And that at that stage the coins are not withdrawn to a bank account.
She answered "Cashing out is not a requirement to have acquired the added value. Therefore you will have to pay taxes on this added value the moment you transfer the coins"
Here is a quote from the article about taxation at this point
Do you have to pay taxes on crypto coins?
Do you own crypto coins without converting them into cash, or do you use crypto for a purchase? Then you don't pay taxes on it in Belgium yet. If you make a profit from your crypto investments, there are 3 options.
Scenario 1: You're an amateur
If you invest in crypto according to the principles of 'good housekeeping', your digital investments are exempt from taxes. The tax authorities consider you an amateur. This is, for example, the case if:
you invest in crypto as a hobby
you make long-term investments – you buy coins and hold them for a long time
you take few risks - for example by spreading your investments and by not taking out loans to invest in crypto
Will your digital coins increase in value over time? Then you do not have to declare those increases in value. And you don't have to pay VAT on crypto transactions.
Please note: do you convert your crypto coins into cash in this scenario? Then you must declare the capital gain (the difference between the purchase price and the sales price) in your tax return in the 'Miscellaneous income' box and you pay 33 percent tax on it.
Scenario 2: you are a private trader
To the government you are considered a private trader if you:
take risks with your crypto investments
regularly buy and sell and respond to heavy price fluctuations
want to see a return on your investments in the short term.
In those cases, the government considers you as a private trader. You must then declare the crypto profits in your tax return as 'Miscellaneous income'. You pay 33 percent of that to the tax authorities.
Scenario 3: you are a professional trader
Is trading cryptocurrencies your (main) job? Then you must follow the rules that a sole proprietorship follows: you declare your crypto income in your personal income tax. The usual progressive tax rates apply to your annual net income, which fluctuate between 25 and 50 percent. A few examples:
For an income that is less than 12,990 euros per year: you give up 25 percent.
For an income from 39,660 euros per year: you give up half.
Please note: as a professional trader you must also meet the other obligations of a self-employed person: for example, joining a social insurance fund and paying social contributions.
With regards to amateurs, other articles mention that there is a limit at 25% of ones portfolio being invested in crypto. If it is higher, you will not be considered an amateur
What is the good housewife principle?
Anyone who invests in crypto coins is investing. When it comes to investments and taxes, it is important to first understand the good housewife principle.
The good housewife principle is a basic principle that applies to investments and investing in Belgium. This principle means that an investor must always exercise due care when making investment decisions.
The due diligence principle is unfortunately a vague concept and the Federal Public Service Finance will therefore look at all circumstances and facts to decide whether an investment has been made in accordance with the principle or not. The bottom line is that you need to prove that your investments are relatively risk-free. A typical strategy that fits within the principle is "buy and hold". You purchase digital coins and keep them in your possession for at least 1 year to make them profitable in the long term. In addition, the frequency, the number of transactions and the percentage of private assets that you have invested are also important. On average, 25% of your assets is taken as the limit. Finally, the tax authorities will also look at your professional activity.
