Crypto Taxes in Portugal 2026: When You Pay 28% and When You Pay Nothing

Portugal crypto tax 2026: gains on coins held 365+ days are excluded, short-term gains pay 28%. Swaps, staking, mining, exit rule and how to report.
Crypto Taxes in Portugal 2026: When You Pay 28% and When You Pay Nothing

Quick answer

In Portugal, an individual resident's gains on crypto held for 365 days or more are excluded from tax in 2026. Gains on crypto held for less than 365 days are taxed at a flat 28%, or at progressive rates up to 48% if you opt to aggregate. Crypto-for-crypto swaps are not taxed. Mining and validation are business income.

Last reviewed: November 2026 · Reviewed by Stéphane Gombauld, tax expert, technologist and digital nomad

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You hold Bitcoin, Ether or altcoins and you live in Portugal, or you are about to move there. Portugal stopped being a crypto tax-free zone on 1 January 2023, but it still has one of Europe's friendliest rules for long-term holders. After reading this, you will know which crypto events are taxed in 2026, at what rate, how to report them, and what happens when you leave.

Portugal cryptocurrency taxes in 2026: the key figures

Item 2026 rule Legal basis
Sale of crypto held 365 days or more Gain excluded from tax (losses also ignored) art. 10(22) CIRS (Personal Income Tax Code)
Sale of crypto held under 365 days 28% flat rate, or progressive rates up to 48% by option art. 10(1)(k) and art. 72(1)(c) CIRS
Crypto-for-crypto swap No tax; new coins take the cost of the old ones art. 10(23) CIRS
Staking, lending and other crypto remuneration Category E (investment income); if paid in crypto, taxed only when you sell those coins art. 5(2)(u) and 5(11) CIRS
Mining and validation Category B (business income); simplified regime taxes 95% of mining income art. 4(1)(o) and art. 31(1)(d) CIRS
Short-term losses Carry forward 5 years, only if you aggregate art. 55(1)(d) CIRS
Leaving Portugal Loss of residence is treated as a sale at market value on that date art. 10(25) and art. 43(12) CIRS
Which coins you sold First in, first out: the oldest coins are deemed sold first art. 43(8)(g) CIRS

What changed for 2026

  • Crypto reporting by exchanges started. The EU's DAC8 directive applies from 1 January 2026, and 2026 data must be exchanged between tax authorities by 30 September 2027 (European Commission).
  • The crypto paragraphs of art. 10 CIRS were re-worded and renumbered by Decreto-Lei n.º 97/2026 of 20 May. The 365-day, swap and exit rules all remain in the article.
  • A clear exit value. Art. 43(12) CIRS, in the wording set by the same decree-law, fixes the exit gain: on departure, the gain is market value on the day residence ends, minus acquisition cost.
  • Lower progressive rates. Decree-Law 212/2026 of 4 November cut the first six brackets for all 2026 income. The scale runs from 12.2% to 48% above EUR 86,634. This matters only if you aggregate short-term gains.

Is this guide for you?

Read on if you…

  • are a Portuguese tax resident, or plan to become one, and own crypto-assets;
  • sell, swap, stake, lend or mine crypto;
  • want to time sales around the 365-day threshold or a move abroad.

Probably not your case if you…

How does Portugal tax crypto gains for individuals?

Since the 2023 Budget, selling crypto-assets for value is a capital gain under category G (capital gains) of the IRS (Imposto sobre o Rendimento das Pessoas Singulares, personal income tax). The rule sits in art. 10(1)(k) CIRS.

What counts as a crypto-asset?

The Code defines a crypto-asset as any digital representation of value or rights that can be transferred or stored using distributed ledger technology. Two carve-outs matter:

  • Unique, non-fungible crypto-assets (NFTs) are outside the definition, so this regime does not apply to them.
  • Crypto-assets that qualify as securities are excluded from art. 10(1)(k). Tokenised shares or bonds follow the securities rules instead.

Held 365 days or more: excluded

Gains on crypto held for 365 days or more are excluded from tax. Here's the catch: losses on those coins are excluded too. You cannot use a long-term loss against short-term gains.

The exclusion has a residence condition in art. 10(24). It does not apply when you or the payer are resident outside the EU/EEA, in a country with no tax treaty or information-exchange agreement with Portugal. The same limit hits the swap rule. Selling on an exchange based in such a country can cost you both. One wrinkle: since the May 2026 renumbering, art. 10(24) still cites the old paragraph numbers, so the AT's reading decides until the text is fixed.

Held less than 365 days: 28%

The net short-term gain of the year is taxed at the 28% special rate in art. 72(1)(c) CIRS. The gain is the sale value minus the acquisition value.

You can opt to aggregate (englobamento) this gain with your other income. Then it is taxed at the progressive rates of art. 68 CIRS, up to 48%. Aggregation only helps if your total taxable income is low.

Which coins did you sell? FIFO

You cannot pick your cheapest or oldest lot. Under art. 43(8)(g) CIRS, the coins sold are deemed to be those acquired first (first in, first out). This decides both your cost and whether the 365-day test is met.

Losses

A net loss on short-term crypto disposals can be carried forward for five years. The condition: you must aggregate that income in the year of the loss. This is set by art. 55(1)(d) CIRS. Weigh the higher progressive rate against the value of the carried loss before ticking the box.

Are crypto swaps, staking and mining taxed in Portugal?

Crypto-for-crypto swaps

When you pay for crypto with other crypto, no tax arises. The coins you receive take the acquisition value of the coins you handed over. Tax comes later, when you sell for euros or other fiat money.

The text speaks of acquisition value. It does not say expressly whether the holding period restarts on the swap. Keep the original purchase date and the swap date for every lot, so you can defend either reading.

Staking, lending and other crypto income

Any remuneration from crypto operations that is not a sale is category E (investment income), under art. 5(2)(u) CIRS. Good news: when that income is paid in crypto, it is not taxed on receipt. Under art. 5(11), it is taxed as a capital gain when you sell the coins received.

Paid in euros instead? Then it is investment income. Without Portuguese withholding, it is taxed at 28% under art. 72(1)(d) CIRS, or 35% if the payer sits in a blacklisted jurisdiction.

Mining, validation and professional trading

Issuing crypto, including mining, and validating transactions through consensus mechanisms are commercial activities under art. 4(1)(o) CIRS. That makes them category B (business income), taxed at progressive rates.

Under the simplified regime (turnover up to EUR 200,000, art. 28(2) CIRS), only part of revenue is taxed. The coefficients in art. 31(1) CIRS are:

  • 0.95 for crypto mining – 95% of mining revenue is taxable;
  • 0.15 for other crypto-asset operations carried on as a business.

If you trade as a business, expect category B treatment, social security contributions and bookkeeping duties.

How do you report crypto on your Portuguese return?

  1. List every disposal of the year: date bought, date sold, acquisition value and sale value in euros.
  2. Split the lots into held 365 days or more and held less than 365 days.
  3. Report the gains in the capital-gains annex of your IRS return (Modelo 3). Long-term disposals are declared too, as excluded income.
  4. Decide on aggregation for short-term gains, especially if you have losses to carry forward.
  5. File between 1 April and 30 June of the following year, as set by art. 60(1) CIRS.

In practice, exchanges inside the EU now report your transactions under DAC8. Your figures should match what the tax authority (AT, Autoridade Tributária e Aduaneira) will receive.

Residents vs non-residents: who pays what?

Situation How crypto is taxed in 2026
Resident, coins held 365+ days Excluded (if the residence condition is met)
Resident, coins held under 365 days 28%, or progressive up to 48% by option
Resident miner, validator or professional trader Category B, progressive rates, social security
Non-resident Taxed in Portugal only on Portuguese-source income; a treaty usually gives gains to your country of residence
Resident who leaves Portugal Loss of residence is treated as a sale of your crypto

The exit rule bites. When you stop being resident, art. 10(25) treats it as if you sold your crypto that day. The gain is market value on that date minus cost (art. 43(12)). The deemed sale is still a disposal under art. 10(1)(k), so coins held 365 days or more stay excluded. Coins held under 365 days can trigger 28% tax on gains you never cashed. Read our guide to ceasing your Portuguese tax residency before you move.

Arriving instead? The date your residence starts decides which disposals Portugal can tax as a resident. See our guide to obtaining tax residency in Portugal.

What about IFICI?

The IFICI regime (art. 58-A EBF) gives a 20% rate on qualifying employment and business income for 10 years. It is built for qualifying jobs, not for crypto gains. Do not assume it covers your trading. Details are in our guide to tax incentives for expats and digital nomads in Portugal.

Example – Tomás, 34, Brazilian developer in Lisbon

Tomás bought 1 BTC for EUR 30,000 on 10 March 2025. He sells it for EUR 85,000 on 15 April 2026, after 401 days. The EUR 55,000 gain is excluded. He bought 20 ETH for EUR 40,000 on 20 January 2026 and sells them for EUR 52,000 on 15 September 2026, after 238 days. Gain: EUR 52,000 − EUR 40,000 = EUR 12,000. Tax at 28%: EUR 12,000 × 0.28 = EUR 3,360. Total crypto tax for 2026: EUR 3,360 on EUR 67,000 of gains, an effective 5%. Waiting until 20 January 2027 would have cut it to zero.

Tomás's bill turned on two dates. Yours probably does too.

We map your lots, your residence dates and your exit plan before you sell.

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Common mistakes (and what they cost)

  • Assuming Portugal still does not tax crypto → short-term gains taxed at 28%, plus late-payment interest and penalties.
  • Counting the 365 days on your portfolio, not per lot → one early sale turns an excluded gain into a 28% one.
  • Selling through a platform in a non-cooperative country → the 365-day exclusion can be lost on gains you thought were tax-free.
  • Not recording the euro value of staking rewards → when you sell, you cannot prove your acquisition value, so the taxable gain grows.
  • Leaving Portugal without a plan → loss of residence is treated as a sale, so you can owe tax with no cash in hand.

Frequently asked questions

Is crypto tax-free in Portugal in 2026?

Partly. For individual residents, gains on crypto held for 365 days or more are excluded from tax. Gains on crypto held for less than 365 days are taxed at 28%, or at progressive rates if you opt to aggregate. Mining, validation and professional trading are business income. NFTs and crypto-assets that are securities follow other rules.

Do I pay tax when I swap one crypto for another in Portugal?

No. Under art. 10 CIRS, paying for crypto with crypto does not trigger tax. The coins you receive take the acquisition value of the coins you gave up. Tax arises when you sell for fiat money. Keep both the original purchase date and the swap date for every lot.

Are staking rewards taxed in Portugal?

Staking and other crypto remuneration are category E investment income under art. 5(2)(u) CIRS. When paid in crypto, they are not taxed on receipt. They are taxed as a capital gain when you sell the coins received. Rewards paid in euros are taxed as investment income, usually at 28%.

How is crypto mining taxed in Portugal?

Mining and validation are business activities under art. 4(1)(o) CIRS, so they are category B income at progressive rates. Under the simplified regime, 95% of mining revenue is taxable (coefficient 0.95, art. 31 CIRS). You must open an activity with the AT and pay social security on that income.

What happens to my crypto if I leave Portugal?

Losing Portuguese tax residence is treated as a sale of your crypto-assets at market value on that date (art. 10(25) and 43(12) CIRS). Coins held for less than 365 days can produce a 28% tax bill on unrealised gains. Coins held for 365 days or more stay within the exclusion. Plan the departure date with your lot ages in mind.

Do exchanges report my crypto to the Portuguese tax authority?

Yes, increasingly. The EU DAC8 directive applies from 1 January 2026. Crypto-asset service providers collect your 2026 transaction data and report it, and EU tax authorities exchange it by 30 September 2027. Assume the AT will see your exchange activity and file consistent figures.

Sources

This guide is general information, not personalised tax advice. See how we research and review.

Holding crypto in Portugal?

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