![rsu](/sites/default/files/styles/ratio_1_1_medium/public/2026-08/iStock-2218333121.jpg.webp?h=fc52efb3&itok=VoVAsqdW) [\#Cassation](/en/news?topic%5B1892%5D=1892) [\#Social Security](/en/news?topic%5B358%5D=358) [\#Rémunération](/en/news?topic%5B1893%5D=1893)# The Court of Cassation considers RSUs as remuneration subject to social security contributions 14/08/2026 | Reading time: 3 minutes ![Mieke Vanden Poel](/sites/default/files/styles/ratio_1_1/public/2023-11/Mieke%20Vanden%20Poel_03_HR.jpg?h=a7e57cec&itok=j1u9ONyE) Mieke Vanden Poel Director Tax & Legal Services [Contact](/en/contact) ## Background: RSUs and the discussion on remuneration Restricted stock units (RSUs) are a commonly used instrument within international groups to reward and retain employees. An RSU is the right to receive a free share, at the end of a certain period, from the employer or from a company affiliated with the employer, often the foreign parent company. They are often granted by a foreign parent company, without the Belgian employer being involved in the grant, financing or administration. This structure has led to a series of proceedings between companies and the NSSO in recent years, with one central question: do RSUs constitute remuneration within the meaning of Belgian social security legislation? In its judgment of 29 June 2026, the Court of Cassation provided clarity. The judgment confirms that RSUs do constitute remuneration and are therefore subject to social security contributions, even when the Belgian employer is not a party to the grant. ## Judgment of 29 June 2026: RSUs are remuneration, even without employer involvement In its recent judgment, the Court of Cassation adopts a broad interpretation of the concept of remuneration. The Court states that a benefit constitutes remuneration when it is granted in the context of the employment relationship, regardless of its form, the entity granting it or the intention behind the benefit (for example, as compensation for services performed). The Court of Cassation emphasises that RSUs “granted to motivate employees, retain them within the company, encourage them to continue their efforts or to work diligently” are linked to the employee’s performance, even if that link is indirect. The Court of Cassation therefore considers that they form part of a remuneration policy aimed at employees and thus constitute compensation for work. The Court of Cassation explicitly states that it is irrelevant whether: - the Belgian employer has a contractual role in the grant; - the employer bears any costs; - the RSUs are managed entirely by a foreign parent company; - the RSUs form part of a group-wide retention strategy. ## Previous case law? In previous cases, it was held that RSUs did not always have to be considered remuneration when the Belgian employer played no role whatsoever in their grant or financing. This reasoning has now been rejected by the Court of Cassation. The Court of Cassation states that the employer’s involvement is not a condition for a benefit to qualify as remuneration. What matters is the link between the benefit and the work performed, not the legal structure of the grant. This judgment is in line with the position of the NSSO, which has long advocated a broad interpretation of the concept of remuneration in the context of international incentive plans, and puts an end to years of legal uncertainty. ## Consequences for employers ### 1. Social security contributions due at the time of vesting As a result of the judgment, social security contributions will be due on the value of the RSUs at the time of vesting. This also applies when: - the RSUs are granted by a foreign parent company; - the Belgian entity has no contractual or financial role; - the RSUs form part of an international remuneration or retention policy. As the costs of RSU plans will increase significantly, it is important for international groups to review their incentive policies for Belgian employees. ### 2. Retroactive regularisations may be required Employers that have applied RSU plans without paying social security contributions may face: - regularisations covering several years; - fines and interest; - a review of existing incentive structures. ### 3. Broader impact on other benefits The Court of Cassation’s broad interpretation of the concept of remuneration may also have consequences for: - commissions and retention or loyalty bonuses (including holiday pay) granted by third parties; - other benefits that are not paid directly by the employer. Be sure to contact our HR Legal experts if you have any questions about the Court of Cassation’s judgment, the granting of benefits by a third party to your employees, potential risks or the concept of remuneration in general. Broaden your knowledge about [\#Cassation](/en/news?topic%5B1892%5D=1892) [\#Social Security](/en/news?topic%5B358%5D=358) [\#Rémunération](/en/news?topic%5B1893%5D=1893) Share this news Contact one of our experts [ ![](/sites/default/files/styles/ratio_1_1/public/2023-11/Mieke%20Vanden%20Poel_03_HR.jpg?h=a7e57cec&itok=j1u9ONyE) ### Mieke Vanden Poel Director Tax & Legal Services ](/en/contact) [ ![](/sites/default/files/styles/ratio_1_1/public/2020-04/SLOM1.jpg?h=77a6c38c&itok=l_jKU9bA) ### Saskia Lombaerts Partner Tax & Legal Services ](/en/contact) ## Structured data (JSON-LD) ```json { "@context": "https://schema.org", "@graph": [ { "@type": "NewsArticle", "@id": "https://www.moore.be/en/markdownify/node/5631", "name": "The Court of Cassation considers RSUs as remuneration subject to social security contributions", "image": { "@type": "ImageObject", "url": "https://www.moore.be/sites/default/files/styles/ratio_1_1/public/2026-08/iStock-2218333121.jpg?h=fc52efb3&itok=OojoCJfW" } }, { "@type": "WebPage", "@id": "https://www.moore.be/en/markdownify/node/5631", "breadcrumb": { "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.moore.be/en" }, { "@type": "ListItem", "position": 2, "name": "News", "item": "https://www.moore.be/en/news" }, { "@type": "ListItem", "position": 3, "name": "The Court of Cassation considers RSUs as remuneration subject to social security contributions", "item": "https://www.moore.be/en/markdownify/node/5631" } ] }, "inLanguage": "en" } ] } ```