Crypto Tax Portugal 2026: Everything You Need to Know

28% rate, 365-day exemption, Categories G, E and B, FIFO method, Modelo 3 declaration — all Portuguese crypto tax rules explained with concrete examples.

Since 2023, Portugal has had a clear crypto tax framework thanks to Law 24-D/2022 (2023 State Budget), which classifies gains into three distinct tax categories. Gains taxed at 28% under 365 days of holding, full exemption beyond 365 days, specific regime for staking and mining: this guide explains all 2026 rules with concrete examples and common mistakes to avoid.

How crypto is taxed in Portugal

Since 1 January 2023, cryptocurrencies are subject to taxation in Portugal under three distinct categories depending on the nature of income: Category G (capital gains from disposals), Category E (capital income such as staking and lending), and Category B (habitual business activity).

The applicable rate for Categories G and E is 28% (autonomous taxation). For Category B, progressive IRS rates up to 48% apply, plus social security contributions.

Important: disposals of crypto-assets held for less than 365 days are subject to 28% Category G taxation — but after 365 days of holding, capital gains are fully exempt from IRS (see next section). This is one of the most favourable features of the Portuguese regime.

Example: you sell €10,000 of BTC with an acquisition cost of €4,000. Capital gain = €6,000. If held less than 365 days: tax = €6,000 × 28% = €1,680. If held more than 365 days: exempt from IRS.

The 365-day rule: Portugal's crypto-friendly advantage

Portugal's standout feature is the IRS exemption on capital gains from crypto-assets held for more than 365 days (Article 10º, n.º 19 of the CIRS). This exemption makes Portugal one of the most favourable European countries for long-term crypto investors, alongside Germany (12-month rule).

The 365-day count runs from the acquisition date to the disposal date of each lot. If you apply the FIFO method, the first lot purchased is the first considered sold — so your acquisition calendar directly determines your eligibility for the exemption.

Limits to the exemption: it does not apply to Category B income (habitual professional activity), nor to income from non-cooperating jurisdictions ("tax havens"). It also does not apply to staking rewards or lending interest (which fall under Category E regardless of holding period).

Asset-referenced stablecoins (ARTs) may follow a different tax regime, treated as securities rather than crypto-assets.

The three tax categories: G, E and B

Category G (capital gains) — Applies to gains from disposing of crypto-assets for fiat or goods/services, when held less than 365 days. 28% autonomous tax. Losses can be offset against gains in the same category in the same tax year.

Category E (capital income) — Applies to passive income: staking rewards, DeFi lending interest, yield farming. 28% autonomous tax at receipt, valued at the euro market price at that moment. The 365-day rule does NOT apply.

Category B (business income) — Applies when crypto activity is habitual and organised (frequent trading, professional mining, paid services in crypto). Progressive taxation up to 48%, plus TSU social security contributions. The 365-day exemption does not apply here.

Qualification as Category B depends on criteria like frequency of operations, amounts involved, organisation (algorithms, teams, etc.). The Tax Authority assesses case by case. When in doubt, consult a certified accountant.

FIFO method and gain calculation

Portugal generally applies the FIFO method (First In, First Out) to determine acquisition cost: the first units bought are the first considered sold. This is particularly important to determine whether holding exceeds 365 days (and therefore benefits from the exemption).

Example: you buy 1 BTC at €20,000 in January 2024 and 1 BTC at €35,000 in October 2024. In February 2026 you sell 1 BTC at €40,000. By FIFO, the first lot — held over 365 days — is considered sold, so the €20,000 gain is IRS-exempt.

If instead you sold in September 2024 (less than 365 days after the first lot), the gain would be taxed at 28% under Category G.

Crypto-to-crypto swaps: unlike Spain or Germany, in Portugal swapping one crypto for another is NOT a taxable event (the cost basis of the original crypto transfers to the new one). Taxation only triggers on conversion to fiat or payment for goods/services.

Staking, mining, airdrops and DeFi

Staking rewards and DeFi lending interest — Category E, taxed at 28% upon receipt, valued at the euro market price on the receipt date. The 365-day rule does not apply.

Mining — If occasional, may fall under Category G or E. If habitual and organised, it is Category B (business activity) with progressive taxation and TSU obligations.

Airdrops — If received without consideration, they are generally classified as Category G upon subsequent sale (with an acquisition value of €0). Some cases may qualify as Category E income at receipt.

DAC8 — From 2026, exchanges and custodial wallets are required to automatically report their European clients' data to the Tax Authority. Incomplete declarations become easily detectable.

How to declare and common mistakes

Declaration: Category G capital gains are declared in Anexo G of Modelo 3 (field 18-A for crypto-assets). Category E income (staking, lending) is declared in Anexo E. For Category B, use Anexo B (simplified regime) or Anexo C (organised accounting).

Mistake 1: declaring crypto-to-crypto swaps as taxable disposals. In Portugal, crypto-to-crypto swaps are NOT taxable (cost basis transfers). Only fiat conversion or payment is a taxable event.

Mistake 2: assuming the 365-day exemption applies to staking rewards. It does not — staking rewards fall under Category E regardless of subsequent holding period.

Mistake 3: not declaring exempt gains. Even when exempt, they may need to be reported in Anexo G for informational purposes. Check the Modelo 3 instructions for the relevant tax year.

Mistake 4: confusing Category G and B. If your volume and frequency suggest habitual activity, the Tax Authority may reclassify as Category B — with progressive rates up to 48% and TSU. For intensive trading, consult an accountant.

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Frequently asked questions about crypto tax in Portugal

How much tax do you pay on crypto in Portugal?

Gains held for less than 365 days are taxed at 28% (Category G). Held for more than 365 days, they are fully exempt from IRS. Staking rewards and lending interest are taxed at 28% under Category E upon receipt. Habitual activity falls under Category B (progressive rates up to 48%).

Are gains after 365 days of holding really exempt?

Yes — for individuals not acting under Category B (habitual activity). This is one of the most favourable features of the Portuguese regime, alongside Germany's 12-month rule.

Are crypto-to-crypto swaps taxable in Portugal?

No. Unlike Germany or Spain, in Portugal swapping one crypto-asset for another is NOT a taxable event. The cost basis of the original crypto transfers to the new one. Taxation only triggers on conversion to fiat or payment for goods/services.

Do I have to declare crypto I have not sold?

For mere holding, there is generally no reporting obligation in Portugal (unlike Italy with Quadro RW). However, if you hold crypto on non-European exchanges, foreign account reporting may apply (Modelo 38 or Anexo J). Check your specific case.

Are staking rewards taxable?

Yes. Staking rewards are classified as Category E (capital income) and taxed at 28% upon receipt, valued at the euro market price on the receipt date. The 365-day rule does not apply.

Can I offset losses against gains?

Yes, within the same category. Category G losses can be offset against Category G gains in the same tax year. Unused excess can be carried forward for 5 years.

Can SafeTax generate the Portuguese declaration?

SafeTax imports your transactions, applies FIFO and Portuguese tax rules (28% / 365-day exemption, Category G/E/B distinction, crypto-to-crypto swap handling), and calculates every value needed for Anexo G and Anexo E. You then enter the values yourself in Modelo 3.