The European Commission has formally requested Belgium to amend its rules concerning the taxation of capital gains on the grounds that these rules are in breach EU law on the freedom of establishment, freedom to provide services and free movement of capital. Under the Belgian Income Tax Law, capital gains on fixed assets such as buildings, equipment or machinery are not immediately taxed if a reinvestment is made in assets used in Belgium. However, the capital gain will be taxed immediately if the reinvestment is made in assets used outside Belgium.

The Commission's request takes the form of a “Reasoned Opinion”. In the absence of a satisfactory response within two months, the Commission may refer Belgium to the EU's Court of Justice.