PORTUGAL CRYPTO TAXATION
When choosing a country, whether it be
- of Expatriation,
- of Investment,
- of domiciling a business and a company,
- of opening a market,
- to carry out one’s professional activity,
- to transfer one’s pension or
- to be a digital nomad in smart working,
we have developed a model covering
6 macro-areas from the Geo-Political to the Macro-Economic situation, to then identify the well-known fiscal or regulatory issues
both in relation to individuals and to corporate or asset protection structures.
We offer a highly qualified professional advice, to compare the legal, tax, wealth, regulatory, financial, macro-economic, geo-political implications of these choices amongst different jurisdictions, considering the country of choice to be a fiscal resident, to locate assets, to domicile a company
The advisory model and methodology indicated is based on a specific foundation of academic studies, professional practices and experiential observations, which show how a country based on an extensive, pervasive and bureaucratic state leads to a macroeconomic situation in which deficit and debt go in a direction of out-of-control growth that feeds on itself.
This condition also present in many developed countries, in Europe in the PIGS (Portugal, Italy, Spain, Greece) joined during the pandemic by France, Cyprus and the UK, leads to an increasing consumption of public resources, the demand of a TAX-Hungry and DEBT-Hungry country has to be fulfilled by its tax residents, who are required to tax all income and assets worldwide with the added requirement of a global declaratory regime
Portugal is a country to which we are linked professionally and by long experience and exposure to different territories, from the capital Lisbon to the beautiful Porto and the jewels of the Algarve
Portugal, as with many tax regimes in force in Europe and worldwide, e.g. Italy, Switzerland, Spain, USA etc. applies the worldwide taxation regime, to residents who are Portuguese citizens or foreigners who spend more than 183 days per year in Portugal, considering the person to be tax resident there.
The taxation of crypto in Portugal has followed and will follow the above scheme
PORTUGAL CRYPTO TAXATION
Portugal does not consider cryptocurrencies as an asset, but rather as a form of payment, so the country does not tax them in the same way as the former. In essence, crypto currencies are treated like any other currency.
Portugal promotes the jurisdiction as a country where crypto currencies are not taxed, through formal positions of the Portuguese Tax Authority (PTA)
Therefore, individuals who buy and sell cryptocurrencies are not subject to paying capital gains tax or VAT.
For the Portuguese tax agency, therefore, the sale of cryptocurrencies is not taxable under current tax law, unless it constitutes a professional or business activity of the taxpayer, in which case it will be taxed under category B.
In essence, crypto trading is NOT taxable if it is NOT done on a regular basis and is NOT a primary or secondary source of income.
For the Portuguese tax authority (Tributação das cripto-moedas ou moedas virtuais),
The income generated by trading can fall into three different categories:
- capital gains or capital gains from the sale of shares, real estate or other assets G
- capital income, dividends, interest … E
- commercial or professional income B
The first category G refers to the sale of securities, financial derivatives, certificates whose holders may receive value from an underlying asset, and some other instruments and cryptocurrencies are not included in the list. The same applies to category E.
Where applicable, Category B takes precedence over the other two.
In MAY 2022, the Portuguese state officially announced that the government will not only tax cryptocurrency earnings, but cryptocurrencies will be included in other types of taxation, such as VAT (known as IVA) and stamp duty (known as Imposto de Selo).
So no surprises there, whether it be the strict application of the current rules or the creation of new ones that will not only cover the ongoing tax needs but also make every transaction made through any intermediary subject to the existing regulations that apply to any other financial and/or income category, including the reference procedures based on AMLD (Anti-Money Laundering Directive), KYC (customer identification) and UBO (Ultimate Beneficial Owner).
The offshore world is dead, and we believe that even in intergalactic space or at sea, where there are different rules of territorial jurisdiction, the rule applies that one should choose the country best suited to one’s needs, with the smallest possible state footprint … Ideally and with the best international advisory services
Herewith a link to taste is a small sampling of some alternatives