Cryptocurrency has become an increasingly popular form of investment and transaction worldwide. As more individuals and businesses enter the crypto space, it is essential to understand the tax implications and regulations surrounding these digital assets. Portugal, known for its favourable tax policies, has recently implemented new tax rules for crypto assets, effective from January 1, 2023. In this comprehensive guide, we will explore the key points and implications of Portugal’s tax laws for crypto.
Understanding Crypto Assets for Tax Purposes
Portugal defines a crypto asset as “any digital representation of value or rights that can be transferred or stored electronically through distributed ledger technology or similar.” However, unique and non-fungible crypto assets are not considered crypto assets for tax purposes. It is crucial to note this distinction when assessing the tax implications of your crypto holdings.
Taxation of Income from Crypto-Related Activities
Income derived from professional, business, or commercial activities related to crypto assets falls under Category B income for personal income tax purposes. This includes activities such as issuing crypto assets, mining, validating transactions, and trading. The income from these activities will be taxed at a rate of 15%, except for mining activities, which will be taxed at a higher rate of 95%. It is crucial to consider the timing of the onerous disposal of crypto assets, as this determines when the income is considered earned for tax purposes.
Capital Gains Tax on Crypto Assets
Gains from the sale of crypto assets that do not qualify as Category B income will be treated as capital gains for tax purposes. The capital gain is calculated as the positive difference between the disposal and acquisition values of the crypto assets. However, if the crypto assets were held for 365 days or more, the capital gains and losses will not be considered for calculating the annual taxable gain or loss. This means that there will be no tax on gains from the sale of crypto assets held for 365 days or more.
If you receive crypto assets as compensation for the onerous disposal of crypto assets held for less than 365 days, no tax will apply at that moment. However, the received crypto assets will be considered to have the same acquisition value as the sold assets. It is essential to keep track of the acquisition and disposal dates of your crypto assets to determine the applicable tax treatment.
Tax Exemption for Crypto-to-Crypto Transactions
One notable aspect of Portugal’s tax laws for crypto assets is the exemption on capital gains tax when receiving crypto assets in exchange for selling other crypto assets. This means that if you conduct crypto-to-crypto transactions, no tax will be applied at the time of the transaction. However, it is essential to consider the capital gains tax implications when converting crypto assets into fiat currency.
Tax Treatment Upon Leaving Portugal
If you decide to leave Portugal and become a non-tax resident, it will be considered a disposal event for capital gains tax purposes. This means that any unrealized gains on your crypto assets will be subject to tax when leaving the country. It is crucial to consult with a tax advisor or professional before making any decisions regarding your tax residency status to ensure compliance with the applicable tax rules.
Integration with the Non-Habitual Resident Regime
Portugal’s new tax rules for crypto assets do not affect the application of the Non-Habitual Resident (NHR) regime. Income and gains from crypto assets and related activities will be treated in the same way as any other type of income classified under Category A, B, E, or G for personal income tax purposes. Therefore, individuals who are non-habitual residents in Portugal will enjoy the same tax treatment and exemptions as provided by the NHR regime.
The transition from Portugal’s Crypto Tax Haven
Portugal has long been regarded as a crypto tax haven due to its favourable tax policies. However, with the implementation of new tax rules for crypto assets, the country is transitioning away from this status. Gains from the sale of crypto assets that do not qualify as securities will now be treated as capital gains for personal income tax purposes, subject to a 28% tax rate. The new regime applies to crypto assets acquired both before and after January 1, 2023.
Planning Your Tax Strategy
As an individual or business involved in crypto assets in Portugal, it is crucial to plan your tax strategy carefully. Consider the timing of onerous disposal, the duration of holding assets, and the potential benefits of crypto-to-crypto transactions. Consulting with a tax advisor or professional is highly recommended to ensure compliance with the new tax rules and optimize your tax position.
Conclusion
Portugal’s new tax rules for crypto assets provide a clear framework for the taxation of income and capital gains related to these digital assets. With a focus on professional activities, capital gains exemptions for long-term holdings, and tax-free crypto-to-crypto transactions, Portugal aims to strike a balance between attracting crypto investors and ensuring fair taxation. However, it is crucial to stay informed as tax regulations can change over time. By staying updated and seeking professional advice, you can confidently navigate the evolving landscape of crypto taxation in Portugal.
Miguel Pinto-Correia holds a Master Degree in International Economics and European Studies from ISEG – Lisbon School of Economics & Management and a Bachelor Degree in Economics from Nova School of Business and Economics. He is a permanent member of the Order of the Economists (Ordem dos Economistas)… Read more
