Cryptocurrency taxation in Poland has rested on clear, stable rules since 2019, even though supervision of the crypto-asset market itself keeps shifting (see our article on the peculiarities of Poland’s crypto regulations). This guide covers everything you need to correctly report your 2026 crypto income.

Definition of cryptocurrencies in Polish tax law

Polish tax law has no standalone definition of cryptocurrencies: the PIT Act refers to the definition of virtual currency in the Act of March 1, 2018, on Counteracting Money Laundering and Terrorist Financing (Journal of Laws 2018, item 723). Under Article 2(2)(26) of that act, a virtual currency is a digital representation of value that is not legal tender issued by the NBP or another central bank, an international accounting unit, e-money, a financial instrument, or a bill of exchange or check. In practice, tax authorities treat cryptocurrencies as property rights.

Tax obligation: who must file, and when

Individuals earning income from disposing of cryptocurrencies must settle income tax. Important: the obligation to file a PIT-38 return applies not only to those who sold crypto at a profit, but also to anyone who only incurred costs (e.g., purchases) in a given tax year without earning any income at all.

Crypto income is classified as income from money capital and is settled separately from other income of that type (e.g., from selling shares or stocks) and separately from income earned through a business or employment contract.

Which events trigger taxable income

Income from money capital arises when you exchange virtual currency for:

1. legal tender (e.g., PLN, EUR, USD), 2. goods, 3. services, 4. a property right other than virtual currency, 5. settlement of another obligation with virtual currency.

Key rule: exchanging one cryptocurrency for another (e.g., BTC for ETH) is tax-neutral. It does not create taxable income: only a sale for fiat currency, or an exchange for goods/services, triggers a taxable event.

How to calculate the tax base

The tax base is income: the difference between revenue and the costs of earning it. Revenue is valued at the market price on the day of the transaction; amounts in foreign currency are converted to PLN using the NBP average exchange rate from the business day preceding the day the revenue was earned.

Deductible costs are documented expenses directly incurred to acquire the cryptocurrency, plus costs related to its disposal: exchange commissions, transfer fees, and the like. Note: the cost of self-mining cryptocurrency, such as equipment and electricity, is not recognized as a cost of obtaining income from disposal.

Tax rate, PIT-38, and the solidarity levy

Income from disposing of cryptocurrencies is taxed at a flat 19% rate. It is reported on the annual PIT-38 return, due by April 30 of the year following the tax year.

If the sum of your income subject to the solidarity levy (which includes money-capital income from crypto) exceeds PLN 1 million in a given year, you owe an additional 4% solidarity levy on the excess.

Excess of costs over income (the crypto equivalent of a loss)

For cryptocurrencies, the law doesn’t speak of a classic “tax loss” but of an excess of costs over income. That excess increases the deductible costs of disposing of cryptocurrencies in the following tax year. It can be carried forward across years, but only within the same source of income: a crypto cost excess cannot offset employment income, business income, or other money-capital income (e.g., from selling shares).

VAT and PCC: what you do NOT pay on cryptocurrencies

  • VAT: trading in cryptocurrencies (buying, selling, crypto-to-crypto and crypto-to-fiat exchange) is exempt from VAT. This follows the line of case law from the CJEU’s judgment of October 22, 2015, in case C-264/14, Hedqvist, which held that exchanging traditional currency for bitcoin (and vice versa) is a supply of services exempt from VAT, in the same way as transactions in traditional currencies.
  • PCC (civil-law transaction tax): since 2020, buying, selling, and exchanging cryptocurrencies have been statutorily exempt from PCC under Article 9(1a) of the PCC Act. Before that, the Ministry of Finance applied a temporary discretionary waiver of this tax.

Documentation obligations

It’s worth keeping:

  • confirmations of bank transfers to your crypto exchange account,
  • electronic statements/transaction histories from exchanges,
  • emails or exchange-account-generated documents confirming transactions.

Your documentation should allow you to establish: the type of cryptocurrency, quantity, date and method of acquisition, and acquisition cost. Foreign exchanges are not required to issue Polish PIT-8C information forms, so the full burden of documentation and correct reporting falls on the taxpayer.

Cryptocurrencies and B2B status under the 2026 PIP law

Crypto income is a separate source of income (money capital) and has no direct bearing on the assessment of subordination hallmarks under the 2026 PIP law during a B2B cooperation audit. Still, if you operate as a sole trader, make sure to report crypto income separately on PIT-38, not as business revenue. Mixing the two sources doesn’t itself increase reclassification risk, but it can complicate your paperwork during an inspection. For more on B2B reclassification itself, see here.

FAQ

Do I need to file PIT-38 if I only bought crypto and didn’t sell it this year? Yes, if you incurred any crypto-related costs during the tax year, even with zero income, you must file PIT-38 and report the cost excess to carry forward to the next year.

Is exchanging BTC for ETH a taxable event? No, exchanging one cryptocurrency for another is tax-neutral for PIT purposes. Taxable income only arises on a sale for fiat currency or an exchange for goods/services.

Is selling cryptocurrency subject to VAT? No, trading in cryptocurrencies is VAT-exempt, following the line of case law from the CJEU’s Hedqvist judgment (C-264/14).

Bibliography and Legal Basis

  • Act of July 26, 1991, on Personal Income Tax, Article 17(1)(11), Article 22(1d), Article 30b(1a).
  • Act of March 1, 2018, on Counteracting Money Laundering and Terrorist Financing (Journal of Laws 2018, item 723), Article 2(2)(26).
  • Act of September 9, 2000, on Civil-Law Transactions Tax, Article 9(1a).
  • CJEU judgment of October 22, 2015, in case C-264/14, Skatteverket v David Hedqvist.

Not sure how to report your crypto income correctly? Book a free consultation with our team.

Author: MojaFirma team.

*This article is for informational purposes only and does not constitute legal advice. Every situation depends on the specific contract and individual circumstances. If something about your own situation isn’t quite clear, feel free to book a free consultation with our team.*