Delen’s Constitutional Court challenge: what does it mean for investors?
Delen challenges one aspect of capital gains tax. What the court register confirms and why 2026 planning should not depend on a future judgment.
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A targeted challenge
The Constitutional Court lists Delen Private Bank’s action as case 8778, received on 14 October 2026. De Tijd reported it on 16 October. It concerns the different treatment of converting one share class into another within the same compartment of a fund and exempt fund mergers or splits. This is not a judgment abolishing the entire tax.
Two earlier actions rejected; others remain pending
Two earlier actions were rejected as manifestly inadmissible in judgments 114/2026 and 116/2026 of 24 September 2026. Other actions against the law of 6 April 2026 remain pending, including cases 8663, 8774 and 8777. Those procedural decisions do not settle the merits of every aspect of the tax.
What should investors do now?
A pending challenge is not an exemption. Plan for 2026 using the rules in force, and do not wait for a possible ruling to review your records and available exemption. Discuss a fund share-class switch with your bank or tax adviser.
What to do next
- Keep ISINs and records of any fund switches.
- Check realised gains and the available exemption.
- Follow the court case without assuming a future refund.
- Check the trading calendar before 31 December 2026.
Sources
This tool provides general information and is not tax advice. Consult a tax advisor for your specific situation.