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  • ARTICLE - Portugal

    Portugal’s Crypto Tax Rules – An Update

    25 Mar

    Portugal’s Crypto Tax Rules – Introduction

    Portugal, known for its favorable taxation policies on cryptocurrency and its inviting climate, has recently shifted from a period of minimal taxation to introducing more structured tax guidelines in 2023.

    This transition emphasizes the importance of understanding the new tax regulations for both residents and potential investors in the digital asset space.

    Understanding Tax Obligations for Crypto Investors

    General

    The following tax Categories exist for Crypto Assets:

    Long-Term Holdings

    Crypto assets held for more than 365 days benefit from a tax exemption on any gains realized upon their sale.

    Short-Term Holdings and Passive Income

    Any gains from crypto assets held for less than a year are subject to a 28% capital gains tax. Similarly, income from passive crypto investments, like staking or airdrops, also attracts a 28% tax rate.

    Professional Trading Income

    For individuals engaged in professional crypto trading, taxation varies.

    Factors such as the frequency of trades, use of platforms, and the income’s proportion to other earnings play a critical role in determining tax rates, which can range from 14.5% to 53%.

    Special Considerations

    • Purely crypto-to-crypto transactions remain non-taxable.
    • Non-residents are taxed at 25% on Portuguese-sourced crypto income.
    • Companies holding crypto assets are taxed at rates depending on their location, with Madeira offering the lowest rate at 11.9%.

    Practical Tips for Crypto Tax Compliance

    Tax Residency and Holding Periods

    Confirm your tax residency status and understand the implications of your asset holding periods.

    Record-Keeping

    Keep meticulous records of all crypto transactions to ensure accurate tax reporting.

    Consultation

    Considering the complexities, seeking advice from tax professionals is recommended for staying compliant and optimizing tax liabilities.

    Additional Tax Implications

    Gifts and Inheritance

    Transactions involving gifts or inheritance of crypto assets are subject to a 10% stamp duty, with commissions attracting a 4% duty.

    Real Estate Transactions

    Portugal now allows real estate purchases directly with cryptocurrencies, following regulatory adjustments in notarial practices. These transactions require adherence to specific compliance measures.

    Staying Informed

    The regulatory landscape for crypto taxation in Portugal is evolving.

    Investors and residents should stay informed about the latest changes to ensure compliance and make informed decisions regarding their digital asset investments.

    Partnering with a reputable advisory firm can provide valuable guidance and updates on the ever-changing tax environment.

    Portugal’s Crypto Tax Rules – Conclusion

    As Portugal continues to refine its approach to crypto taxation, understanding the nuances of the current regulations is crucial for investors and residents alike.

    By keeping detailed records, confirming one’s tax residency, and seeking professional advice, individuals can navigate Portugal’s crypto tax maze with confidence, ensuring compliance and optimizing their tax strategy in this dynamic market.

    Final thoughts

    If you have any queries about this article on Portugal’s crypto tax rules, or tax matters in Portugal more generally, then please get in touch.

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