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No. 05 16 April 2026 Crypto 7 min read

Crypto on IRS 2026: how investors and founders in Portugal declare it.

Adriana da Costa

If you hold crypto in Portugal and no one ever taught you the tax side, this is the article. Written for individual investors and for founders who pile crypto on top of an existing business. Same three questions every time: which Anexo, which rate, what changed.

The Portuguese framework for crypto sits inside the IRS Code, untouched at the legislative level since the post-2023 reform (Decreto-Lei 24-D/2022). What moved in 2025 and 2026 is the tax authority's interpretation: two Binding Information rulings cleared up where staking lives (Category E) and when crypto activity is professional (Category B). Plus from January 2026 your exchange feeds your transactions directly into the AT.

The short version

The 365-day rule still applies. Crypto-for-crypto swaps are still not taxed until you convert to euros. But staking is now clearly Category E, professional activity is now clearly Category B, and from January 2026 onwards your exchanges report your transactions directly to the AT.

Which crypto profile are you in 2026?

Most people who hold crypto in Portugal fit into one of six profiles. Find yours, check whether something changed this year, then file accordingly. Burgundy badge means something changed; outlined badge means same rule as last year.

01

Long-term holder.

Unchanged

Same asset held for 365 days or more, then sold to euros. Gain excluded from tax under Article 10(19) CIRS.

Anexo G1, 0%
02

Short-term trader.

Unchanged

Disposed of crypto held under 365 days. Standard 28% on the capital gain, or aggregation if it improves your result.

Anexo G, 28%
03

Position rotator.

Changed

Swapped one crypto for another during the year. The swap is not taxed (Article 10(20) CIRS) but the 365-day clock generally resets at every swap.

PIV 28969 (Oct 2025) carves out a narrow technical-conversion exception that can preserve the original holding period.

Anexo G or G1, depending
04

Staker, lender, yield earner.

Changed

Received staking rewards, lending interest, or DeFi yield. If paid in fiat, taxable immediately at 28% (Category E). If paid in crypto, taxation is deferred under Article 5(11) CIRS to the moment you sell the rewarded tokens.

PIV 28122 (May 2026) confirmed Category E when paid in fiat. When paid in crypto, Article 5(11) defers taxation to the sale, treating the gain as Category G.

Anexo E (fiat) / Anexo G or G1 (crypto)
05

Professional trader, miner, or founder.

Changed

Trading, mining, or business activity that accepts or generates crypto, recurring, organised, and a meaningful share of your income. The AT treats this as a business, not a casual investment.

PIV 28122 confirms professional crypto activity falls under Category B, progressive rates plus social contributions.

Anexo B, progressive
06

Foreign-exchange user.

Changed

Operates through one or more foreign exchanges. Same category rules apply, but the gains and rewards are reported separately on Anexo J.

From January 2026, every MiCA-regulated exchange reports your transactions directly to the Portuguese tax authority. Foreign no longer means invisible.

Anexo J + matching category
Something changed this year Same rule as last year

The filing map: which Anexo for which scenario.

Crypto income in Portugal is reported in Modelo 3 IRS, on different annexes depending on how the crypto was used. The table below covers the cases I see most often.

Anexo G
Sold crypto held under 365 days Standard taxable disposal. Quadro 18A. Aggregation optional if progressive rates are more favourable.
28% flat
Anexo G1
Sold crypto held 365+ days Excluded under Art. 10(19), but Quadro 7 reporting still mandatory. Counterpart must sit inside the EU/EEA/treaty perimeter (Art. 10(21)).
0%
Anexo E
Staking, lending, yield paid in fiat Tax due on the day of receipt at the EUR amount received. Also covers stablecoin rewards off-ramped to euros in the same session.
28%
Anexo G / G1
Staking, lending, yield paid in crypto Deferred to disposal under Art. 5(11). €0 cost basis. 365-day clock starts on the day each reward hits the wallet.
28% / 0%
Anexo G / G1
Airdrops (passive) Same deferral logic as crypto-paid yield. "Earned" airdrops (consideration for prior work or promotion) shift to Category A or B.
28% / 0%
Anexo B
Frequent trading, mining Progressive rates plus social-security contributions. Simplified regime or organised accounting. Mining always sits here.
Up to 53%
+ Anexo J

Foreign exchange? Add Anexo J on top of whichever rule above applies. From 1 January 2026, DAC8 means the AT sees these flows automatically.

The 365-day rule, briefly.

Hold the same crypto-asset for at least 365 uninterrupted days and the gain is excluded from IRS on disposal (Article 10, n.º 19 of the CIRS). Crypto-for-crypto swaps are not a taxable event in themselves: tax only fires on conversion to euros (or to fiat-equivalent purchases). But each swap restarts the 365-day clock, with one narrow exception for a stablecoin conversion done immediately before a fiat sale. I unpack the rule, the exception, and the worked examples in the dedicated article on crypto swaps and the 365-day clock.

Staking: Category E if paid in fiat, Category G if paid in crypto.

One of the two real news items for 2026. The Portuguese tax authority's Binding Information 28122 (May 2025) settled the broad classification of staking, lending, liquidity provision, and DeFi yield as Article 5 CIRS capital income (rendimentos de capitais). What it did not change is the form-of-payment split that the law itself imposes.

Mode 01 Paid in fiat
Tax fires
Day 0 Reward received
Same year Tax 28% due

Standard Category E treatment. The reward is taxed on receipt, valued at the EUR amount you actually received. Simple, predictable, no deferral mechanics to track. Best fit for clients who want to be done with the tax line when they file.

Mode 02 Paid in crypto
Tax fires
Day 0 Reward received (no tax)
365-day clock Holding period
On sale 28% or 0%

Article 5(11) CIRS defers taxation to the moment you sell the rewarded tokens. The receipt itself is not a taxable event. When you sell for euros, the gain is Category G with €0 acquisition cost. Sell within 365 days: 28%. Hold 365+ days: 0% under Art. 10(19).

Airdrops received passively in crypto follow the same Article 5(11) logic: no tax on receipt, taxed as a capital gain on disposal, with the 365-day rule available. When the airdrop is the consideration for prior work, promotion, or interaction (the "earned" airdrops), the AT can reclassify it as Category A or B income, taxed at progressive rates on receipt.

The practical consequence for crypto-paid yield: there is no annual tax bill on accruing rewards. The cost is the loss of acquisition basis (€0 instead of market value at receipt), which means the full sale proceeds become the gain when you eventually sell. The 365-day rule is the relief valve. The right strategy is usually to leave the rewards untouched for at least a year before any conversion to euros.

Professional crypto activity is Category B (and this catches more founders than they expect).

The second real news item. PIV 28122 also confirmed that recurring, organised crypto activity falls under Category B (rendimentos empresariais e profissionais), not Category G. That means progressive IRS rates up to 48% (or 53% with solidarity surcharges) plus social-security contributions, with the option of the simplified regime or organised accounting.

The line between investor (Category G) and professional (Category B) is judged on the facts. The factors the AT weighs are: frequency of operations, level of organisation, dedicated infrastructure (bots, multiple exchange accounts, dedicated capital), economic dependence (whether crypto is a meaningful share of your overall income), and intention to derive ongoing earnings rather than capital appreciation. Mining always crosses the line. A founder who pays vendors in stablecoins, holds business reserves in crypto, or accepts crypto from customers is at high risk of being on the Category B side.

If you are a founder

The default assumption that "the crypto sits in my personal wallet so it's Category G" rarely survives an inspection when the same wallet feeds the company P&L. The cleanest structure is to separate personal investment positions from business-flow crypto, with the business side held in a corporate vehicle. Designing this is part of what tax structuring means.

Futures, derivatives and edge cases.

A casual investor's gain on crypto futures or options remains Category G capital gains. A frequent trader using futures as a recurring strategy is on the Category B side. The same frequency-and-organisation test applies. Wrapped tokens, LSTs (liquid staking tokens), and rebasing tokens have not received specific binding guidance yet. The conservative position is to treat the wrapping as a swap (clock-resetting) and the rebases as Category E receipts.

What the AT can see now.

From 1 January 2026, exchanges authorised under MiCA started collecting transaction data on every EU-resident customer for automatic reporting to the local tax authority. The Portuguese AT receives, from each exchange, the annual file of your acquisitions, disposals, transfers in and out, and gross proceeds. The first reports cover 2026 and are filed by 30 September 2027.

Translation: the gap between what you declare and what the AT already knows is shrinking fast. The 2025 IRS that you are filing now is the last filing window where omissions are easy to hide. The 2026 IRS will be reconciled against the exchange feed.

A practical checklist for your 2026 IRS.

Filing window for the 2025 tax year runs from 1 April to 30 June 2026.

The 2026 regime rewards careful filing and punishes guesswork. The two clarifications (staking is Category E, professional activity is Category B) close two of the biggest grey areas. The automatic exchange feed closes the visibility gap. If your situation has any of the moving pieces in this article, the right move is to map your year before you file, not after.

Book a discovery call

This article is general information, not tax advice. Every situation is different. Confirm your case with me on a discovery call before you file.