Navigating the Crypto Tax Landscape: Best Regimes for Crypto Investors and Immigrants

Filipe Novaes
Filipe Novaes Legal Advisor at Global Citizen Solutions
Navigating the Crypto Tax Landscape: Best Regimes for Crypto Investors and Immigrants

Cryptocurrency presents a new and unique challenge for tax authorities around the globe. As crypto assets have steadily gained mainstream adoption – as more and more private individuals, companies and governments buy it –, states are scrambling to establish clear and efficient tax frameworks on the matter. For investors, navigating this ever-evolving landscape can be complex, as tax implications are usually as varied as the national tax services that employ them. In that sense, much of the legal aspects on the subject depend on the jurisdiction in question. In this article, we will examine some of the most interesting tax regimes for crypto investors, looking at them from the perspective of countries committed to fostering a tax-efficient environment for foreign capital within its borders. 

Understanding the Basics of Crypto Taxation

Before diving into specific countries, let’s take a step back and layout the general principles of taxation when applied to crypto assets. For starters, the very definition of crypto within the overlapping domains of finance and tax law is undergoing rapid transformations. A more widely used source of reference is the one put forth by the OECD’s Crypto-Asset Reporting Framework (“CARF”). It proposes that crypto assets are “cryptographically secured distributed ledger technology [. . .] that can be held and transferred in a decentralised manner, without the intervention of traditional financial intermediaries [. . .] have the capacity of being used for payment or investment purposes”1. In more practical terms, this means crypto assets exhibit characteristics of currencies and financial instruments such as stocks. For instance, similar to traditional currency, crypto assets are occasionally employed as a means of payment. And, like company’s shares, the value of crypto measured in traditional currency can fluctuate.

The potential tax liabilities are triggered by events like selling, trading, or spending crypto holdings. If you own cryptocurrency and sell it at a profit, you’re likely to be subject to capital gains tax on that profit, much like you would be with a share of stock. Also, when utilizing cryptocurrency for purchases of goods or services, you might be liable for taxes on the appreciation between the initial purchase price of the crypto and its value at the time of expenditure. Finally, crypto which is accepted as payment and obtained through mining (for instance, in the case of Bitcoin) or staking can be considered income – with some countries levying income tax on such crypto activities, as well as when receiving crypto rewards. The specific tax treatment will vary depending on the nature of the transaction and the holding period. Short-term capital gains taxes often apply to crypto disposed of within a briefer timeframe (typically less than a year), while holding for longer warrants capital gains that benefit from lower tax rates.

Tax Destinations for Crypto Investors

A number of countries have emerged as frontrunners in promoting a more crypto-friendly space, often with preferential tax arrangements. Here’s a closer look at some key features of the most attractive destinations for crypto investors from a tax perspective.

Portugal

Although the situation has changed since 2023, when it was a tax-free zone for crypto, Portugal still offers a relatively competitive tax environment for crypto assets, especially in the European context. It should be noted that Portugal considers crypto to be a kind of property, and not a currency per se, and excludes NFTs from its crypto tax framework. The nation became a magnet for crypto enthusiasts, in part due to a total tax exemption on capital gains on the sale of crypto assets that have been held for longer than a year. That’s in stark contrast to the disposal of crypto in short-term operations, which trigger the general capital gain tax at a flat rate of 28%. The selling of crypto assets of a commercial nature, such as those performed as a business activity, will be taxed under income tax rules, and taxation is deferred to the moment of realization of the asset into fiat, for instance. Taxation on gains obtained via staking is likewise deferred to realization.

Singapore

Singapore ranks high in our list and can be counted as a crypto tax haven with a very friendly environment and a clear stance on crypto regulation. Here’s the bottom line: the city-state does not impose taxes on crypto – unless the asset can be demonstrably used for payments within a business or is traded in a professional capacity, in which case it is not under the capital gain tax purview (and hence exempt) but is considered as a regular income and taxed annually. For this reason, some of the world’s largest cryptocurrency exchange companies, as Crypto.com, hold their HQ there.

Germany

Traders and investors can also find a more beneficial space for crypto in Germany. Much like Portugal, Germany’s tax framework differentiates between short-term and long-term crypto holdings for private individuals. If a crypto asset is held for over a year before disposal, any capital gains are exempt from taxation. Under 365 days, the disposal – be it through selling or exchanging from crypto to crypto – will incur in a tax rate based on the country’s personal income tax, ranging from 14-24% for gains between € 10,909 and € 15,999, to up to 45%, if the profit exceeds € 277,825. Mining and staking can be considered a taxable commercial activity too, but different regimes can be applied to individual investors and companies. Other perks of the system include offsetting capital gains by registering losses and being able to gift up to € 500,000 in cryptocurrency to one’s spouse tax-free.

Slovenia

Slovenia also offers the possibility of realizing crypto profits tax-free, but the timing is a bit longer in this instance: assets should be held for at least two years to benefit from the exemption. If disposed of in less than two years, gains will be taxed at a 25% rate. Again, converging with the more general European outlook on the topic, value accrued via crypto earned from day-to-day, income generating-like activities, such as mining and staking, is levied as income, with brackets following the nation’s progressive rate from 16% to 50%.

Switzerland

One of the most recognizable tax havens around, Switzerland’s reputation also extends to crypto assets, and many players and exchanges preserve their capital there. For that reason, the nation is known in the trade as the Crypto Valley of the world. As expected, no capital gains taxes are applied to the disposal event of crypto, but some conditions must be met: the holding period should exceed six months and the transaction volume of the disposal must be under five times the initial capital. Again, mirroring many other jurisdictions, an income tax might be collected on activities such as mining and staking if these are considered sources of income. In that case, federal and local, canton-based rates are implemented, but they generally remain within 0,5% and 12%. Specifically, in Switzerland, crypto is likened to property and as such a wealth tax is levied on the asset. The wealth tax is paid on the total value of an individual’s holdings, which includes crypto, and its proportion varies between cantons, though they usually remain between 0,3% and 1% a year.

Conclusion

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It’s safe to say the global crypto landscape is evolving as these words are being written, and countries continuously adjust their tax policies on the asset. While some jurisdictions offer enticing tax breaks, a holistic approach is crucial. Investors should carefully evaluate the complete package, considering tax rates, regulatory clarity, and broader economic factors before making an important life and financial decision. While tax rates are undeniably a major draw for crypto holders, the overall friendliness towards the asset goes beyond just the numbers. A clear, well-defined framework grants predictability for investors, and strict AML/KYC regulations demonstrate a healthy commitment in the fight against financial crimes. However, overly burdensome rules can create friction to an individual’s wealth. Ultimately, the economic and political stability of a country is also paramount – in that regard, investors shouldn’t solely chase objective tax benefits. Considering underlying social factors, like currency stability, infrastructure development, and political risk, are essential steps to making a sound residency and investment decision, and our selection of nations has taken that into account, as all the countries present steady governments, strong economic foundations and high quality of life standards.