Crypto Taxation

Most people who invest in cryptocurrencies know they should pay tax. The problem starts when you have to work out on what, when and in what amount – because Polish tax law does not keep pace with the speed at which the crypto market is developing. Swapping one cryptocurrency for another, staking, DeFi, airdrops, hard forks – each of these activities may give rise to a different tax obligation, and the tax office identifies such transactions with increasing efficiency.

What is subject to taxation?

In Poland, income from cryptocurrencies is in principle taxed at 19% capital gains tax. It sounds simple – but each form of activity is governed by different rules, and Polish regulations do not directly define most of them. Trading on an exchange is settled differently from staking and yield farming, selling NFTs differently again, and mining income differently still. A separate issue arises when your activity goes beyond private investing and begins to be treated as a business, with entirely different tax consequences.

Where do problems most often appear?

  1. Unsettled historical transactions – cryptocurrencies bought and sold for years without keeping records may generate tax arrears whose existence many taxpayers are not aware of.
  2. Crypto-to-crypto exchange – an exchange between two cryptocurrencies is not taxed in itself, but it must be documented correctly.
  3. Lack of cost documentation – without documenting the acquisition costs incurred, the tax office may tax the whole amount of revenue, not just the profit.
  4. DAC8 – the EU system of automatic exchange of information between tax authorities, which means that data on your transactions on European exchanges reaches the Polish tax office.

How do we help?

We analyse your transaction history, determine your actual tax liabilities and point out legal ways of reducing the tax burden wherever the rules allow. We help prepare overdue returns in a way that limits risk, advise on choosing the optimal form of taxation and represent clients in dealings with the tax authorities if an audit has already begun.

Result: full clarity about your tax obligations, correctly filed returns and a real reduction of the burden where the rules allow – before the tax office itself asks for explanations.

Maciej Grzegorczyk
Maciej Grzegorczyk

Legal Counsel (Attorney-at-Law), Tax Advisor

[email protected]
Crypto Taxation I ETLEX.pl