The rules for taxing cryptocurrencies differ depending on the type of entity – a natural person, an entrepreneur, or a legal entity. The law stipulates different tax rates, options for claiming expenses, as well as requirements for record-keeping and accounting. This overview provides a brief and clear summary of the most important rules.
1. Natural person – non-entrepreneur
Income:
- Other income according to Sec. 8 (1) (t) of the Income Tax Act (ITA)
- Taxed within the Personal Income Tax Return Form B as income from the sale of cryptocurrencies
Tax rate:
- 19% up to a tax base of EUR 48,441.43
- 25% above this limit
Health insurance contributions:
- 15% of the assessment base
- Levied by the health insurance company after the tax return has been filed
- Can be deducted as an expense (in a subsequent period or through an additional tax return)
Expenses:
- Tax-deductible:
- purchase price of the cryptocurrency
- fees related to the purchase/sale
- paid health insurance contributions
- Expenses can be claimed up to a maximum of the income amount
- If a loss is incurred, it is not tax-deductible
2. Natural person – entrepreneur (sole trader)
Income:
- Income from business activities according to Sec. 6 (1) and (2) of the ITA
- Cryptocurrencies are part of business assets
- Profit is declared in the PIT Return Form B
Tax rate:
- 15% for taxable income up to EUR 100,000
- 19% up to a tax base of EUR 48,441.43
- 25% above this limit
Contributions:
- Mandatory health and social insurance
Expenses:
- Options:
- Actual demonstrable expenses
- Lump-sum expenses of 60% of income (max. EUR 20,000) + contributions
- Demonstrably incurred expenses include:
- purchase price of the cryptocurrency
- fees on purchase/sale
- paid insurance contributions
- depreciation of assets included in business assets
- costs of technical equipment (e.g., computers, servers, energy)
- rent and related costs
3. Company (e.g., s.r.o.)
Taxation: according to Sec. 12 et seq. of the ITA, the Corporate income tax rate:
- 10% for income up to EUR 100,000
- 21% from EUR 100,000 to 5 mil. EUR
- 24% above 5 mil. EUR
Dividends: 7% withholding tax upon payment to a natural person. Accounting: Double-entry bookkeeping Records: Obligation to keep records of crypto-assets as part of assets or inventory
Calculation of the tax base
- Tax base = income from transaction – purchase price – transaction fee
- Profit = total income – total acquisition costs
- Total income – all revenues from the sale or exchange of cryptocurrencies in the given year
- Total acquisition costs – the purchase prices of the cryptocurrencies sold/exchanged
We recommend:
- to keep thorough records of all transactions and related costs,
- to carefully consider the most suitable form of business from a tax perspective,
- to regularly consult with an expert on tax obligations and legislative changes.
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