Technical examination of tax obligations, tax rates on cryptoassets and Federal Revenue guidelines for the next fiscal year
The declaration of cryptoassets in Brazil is no longer a gray area to become one of the central focuses of Federal Revenue inspection. With regulatory developments, especially after the sanction of Law 14,754/2023 (known as the Law of Offshores and Cryptoassets Abroad), taxpayers must be aware of the crucial distinction between assets held in custody in Brazil and those held on foreign exchanges or in their own portfolios (self-custody). For the 2026 financial year (referring to the calendar year 2025), the trend is towards greater rigor in data crossing and consolidation of tax rates for income abroad.
The tax framework for cryptoassets
For tax purposes in Brazil, Bitcoin and altcoins are not treated as legal tender, but rather as financial assets subject to capital gains taxation. The Federal Revenue classifies these assets in group “08 – Cryptoassets” in the Assets and Rights form. The fundamental understanding for the taxpayer lies in the separation of two distinct obligations: the obligation to report ownership and the obligation to pay tax on profits.
Taxation occurs at the time of disposal (sale or exchange) when there is capital gain. The calculation of the tax due depends on the origin of the asset’s custody, creating a dual taxation system that has been consolidated in recent years and should govern the 2026 Income Tax.
Differentiation between national and international custody
The big structural change in the recent rules involves asset location:
- National Custody (Brazilian Exchanges): Follow the general capital gain rule. There is an exemption for total sales of up to R$35,000.00 per month. Profit exceeding this limit is taxed according to the progressive table (starting at 15%).
- International Custody (Foreign Exchanges): Subject to the new rules for financial investments abroad. The rate is linear at 15% on income, without the exemption of R$ 35,000.00, according to guidelines established by Law 14,754.
Factors influencing tax regulation
The evolution of the new rules for declaring bitcoin and altcoins in the 2026 income tax is driven by three main vectors that seek to align Brazil with OECD standards and increase revenue.
Traceability and normative instruction 1,888
RFB Normative Instruction No. 1,888/2019 continues to be the pillar of inspection. It obliges exchanges domiciled in Brazil to report all user operations to the IRS on a monthly basis. For operations on foreign exchanges or P2P (Peer-to-Peer), the obligation to report falls on the taxpayer himself whenever transactions exceed R$30,000.00 per month. Cross-referencing this information with the Annual Adjustment Declaration is automatic.
International tax uniformity
Brazil seeks to equate the taxation of digital assets to that of traditional financial investments abroad. The objective is to avoid erosion of the tax base through the migration of capital to platforms not regulated locally. This explains the imposition of the 15% tax rate on assets abroad, eliminating the competitive advantage that the previous exemption provided to international exchanges.
Current scenario and compliance for 2026
For the upcoming tax cycle, accuracy in filling out your return is vital. The Federal Revenue has improved the pre-filled declaration system, integrating data received via IN 1,888. Errors of omission or divergence in values are the main causes of fine mesh for crypto investors.
Classification codes remain essential for correct identification:
- 01: Bitcoin (BTC).
- 02: Altcoins (ETH, SOL, ADA, etc.).
- 03: Stablecoins (USDT, USDC).
- 10: NFTs and other cryptoassets.
It is important to note that the conversion between cryptoassets (exchange) is considered a taxable event if there is a capital gain, even if there is no conversion to fiat currency (Real). The acquisition cost must be calculated using the weighted average, and not using the FIFO (First In, First Out) or UEPS method.
Frequently Asked Questions (FAQ)
- What is the exemption limit for cryptocurrency sales?
For assets held in custody in Brazil, the exemption applies to total disposals of up to R$35,000.00 per month. For assets abroad, there is no exemption range; profit is taxed at 15%.
- Do I need to declare if I have a loss?
Yes. Declaration of ownership is mandatory if the cost of acquiring a type of cryptoactive exceeds R$5,000.00. The loss can be offset against future gains in the same month (for assets in Brazil), as long as it is properly recorded.
- How to declare staking and passive income?
Income from staking or “earn” must be treated as income, similar to dividends or interest, and may be subject to the IRPF progressive table at the time of receipt (Carnê-Leão), depending on the interpretation of the paying source and location.
- Is the 15% taxation abroad automatic?
It must be determined in the Annual Adjustment Declaration (DAA) within the “Assets and Rights Abroad” form, unlike the old model that required monthly GCAP.
Compliance with the new rules for declaring bitcoin and altcoins in 2026 income tax requires the investor to strictly control all operations, clearly separating national and international custody. The regulatory trend points to the end of tax arbitration and increased transparency, with the Federal Revenue using artificial intelligence to cross-check on-chain movements with equity variations.
Disclaimer: This article is for informational and educational purposes only and does not constitute accounting or legal advice. Tax laws are subject to change. It is recommended that you consult a specialized accountant or tax lawyer to analyze specific cases.
