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Portugal's Crypto Tax Haven Era Is Over — But It's Still Pretty Great

Since 2023, short-term crypto gains are taxed at 28%. But hold for 365+ days and your gains are still tax-free. The catch? Swapping tokens resets the clock. We track it all.

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Quick Facts

Portuguese crypto tax at a glance.

Tax Authority
Autoridade Tributária e Aduaneira (AT)
Tax Type
Capital Gains (Category G), Investment Income (Category E), Business Income (Category B)
Rate
28% flat on short-term capital gains. 0% on gains from crypto held 365+ days. 14.5%–53% for business income
Key Exemption
Long-term holdings (365+ days) exempt from CGT. NFTs excluded from CGT regime
Tax Year
January 1 – December 31
Filing Deadline
June 30 following year (Modelo 3). Payment by August 31
Cost Basis
FIFO
Key Forms
Modelo 3 with Anexo G, Anexo J (foreign), Anexo G1 (exempt gains)
What's Taxable

Tax treatment of common activities.

How Portugal taxes different crypto activities under CGT and income tax rules.

ActivityTaxable?Notes
Selling crypto (held <365 days)Yes28% flat rate on gains
Selling crypto (held 365+ days)NoTax-free — but must still be declared in Anexo G1
Crypto-to-crypto swapDependsNot immediately taxed, BUT resets the 365-day holding period
Spending cryptoYesTreated as conversion to fiat — 28% if <365 days
Staking rewardsYes28% as Category E investment income. No 365-day exemption
Lending interestYes28% as Category E
MiningYesCategory B business income at progressive rates if professional
NFTsNoIndividual NFT gains specifically excluded from CGT regime
Buying crypto with EURNoTrack cost basis
GiftsDepends10% stamp duty on gifts >€5,000 (with exceptions for close family)
Key Rules

Rules you need to know.

1

The 365-Day Rule

Portugal’s biggest advantage. Hold crypto for more than 365 days and the capital gain is completely tax-free. But this is a cliff: sell at day 364 and you pay 28%. Sell at day 366 and you pay nothing. The holding period starts when the crypto enters your wallet.

2

Swaps Reset the Clock

Exchanging one crypto for another (e.g., BTC → ETH) resets the 365-day holding period for the new token. The swap itself isn’t immediately taxed, but you lose your accumulated holding time. This is the most common trap for active traders who think they’re building toward the long-term exemption.

3

Staking/Lending Income Has No Long-Term Exemption

Unlike capital gains, passive crypto income (staking, lending, yield farming) is taxed at 28% as Category E regardless of holding period. There’s no way to make this tax-free.

4

You Must Report Tax-Free Gains

Even if your gains qualify for the 365-day exemption and are completely tax-free, you MUST still declare them in Anexo G1 of your Modelo 3. Failing to report exempt gains can trigger penalties.

Common Problems We Fix

Sound familiar?

I swapped tokens multiple times — which ones still qualify for the 365-day exemption?

We trace every token’s full lifecycle through swaps and transfers, calculate accurate holding periods using FIFO, and separate tax-free long-term gains from taxable short-term gains.

I used Binance and other non-Portuguese exchanges — do I still need to report?

Yes, you report on Anexo J (foreign income). We prepare all the necessary forms with EUR values at the time of each transaction.

I earn staking rewards and DeFi yield — I thought Portugal was tax-free

Staking and yield income is taxed at 28% regardless of holding period. We calculate the Category E income separately from your Category G capital gains.

FAQ

Portuguese crypto tax questions.

Is crypto tax-free in Portugal?

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Only if held for more than 365 days. Short-term gains (under 365 days) are taxed at 28%. Staking and lending income is always taxed at 28% regardless of holding period.

Do crypto-to-crypto swaps reset the holding period?

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Yes. Exchanging one cryptocurrency for another resets the 365-day clock for the new token. The swap itself isn’t immediately taxed, but you lose your accumulated holding time.

Do I need to report tax-free long-term gains?

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Yes. Even fully exempt long-term gains must be declared in Anexo G1. Failing to report exempt gains can result in penalties.

Filing Checklist

Your Portuguese Crypto Tax Filing Checklist

Everything you need before filing. Tick these off and you're ready.

  • All exchange accounts — API keys or CSV exports
  • DeFi wallet addresses
  • Exact purchase dates for all holdings (critical for 365-day proof)
  • Staking/lending reward records with dates and EUR values
  • Previous Modelo 3 filings
  • NIF (Número de Identificação Fiscal)
  • Records separating domestic vs foreign platform activity
  • Records of any crypto-to-crypto swaps (resets holding period)
  • 💡Since 2023, Portugal taxes short-term crypto gains at 28%. Long-term (365+ days) gains remain tax-free but must still be declared.

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This page provides general guidance about Portuguese crypto taxation and is not personalised tax advice. Tax rules change frequently. Consult a qualified Portuguese tax adviser for advice specific to your situation.