When compared to neighboring countries such as Estonia and Lithuania, Poland's regulatory framework for crypto licensing is perceived as more adaptable in terms of the setup procedure and entails lower ongoing expenses, as it does not mandate the presence of on-site compliance personnel. Should you choose to collaborate with seasoned professionals, you can benefit from our extensive experience, which spans back to the inception of crypto legislation within the European Union, as well as our outstanding track record in this field.
Interpreting Cryptocurrency Exchange Taxation
In its judgment, dated March 22, 2022 (case number II FSK 1688/19), the Polish Supreme Administrative Court delivers a significant perspective regarding the taxation of cryptocurrency exchanges.
Initially, the taxpayer sought clarity by applying for a private ruling. In the application, the taxpayer explicitly stated that their cryptocurrency activities did not constitute a business but rather involved trading in cryptocurrencies. Their specific inquiry pertained to whether the obligation to pay personal income tax only arose when converting cryptocurrencies into traditional fiat currency or when utilizing cryptocurrencies for transactions involving goods or services.
However, the tax authority took a divergent stance, rejecting the taxpayer's position. According to the tax authority's viewpoint, income should be recognized even during cryptocurrency-to-cryptocurrency exchanges, equating such exchanges to the transfer of other property rights.
Cryptocurrency Tax Ruling Highlights
In a pivotal case (I SA/Wr 906/18), the Provincial Administrative Court in Wrocław upheld the taxpayer's appeal, affirming that:
Taxation Trigger: Taxable income arises upon cryptocurrency conversion into traditional currency, receipt of monetary values, or cryptocurrency use for goods/services.
Legislative Clarity: Referring to the 2018 Personal Income Tax Act amendment, it defined paid disposal of virtual currency, clarifying tax obligations.
Exchanges Not Taxable: Simple cryptocurrency exchanges without profit don't trigger personal income tax.
This decision, endorsed by the Supreme Administrative Court on March 22, 2022, emphasizes:
No tax from cryptocurrency conversion without profit.
Tax exemption for cryptocurrency-to-cryptocurrency exchanges, even before 2019 law clarifications.
Tailoring Success through Personalized Client Attention
Within Prifinance's extensive service portfolio, a pivotal offering is our expert guidance in securing cryptocurrency exchange licenses. The cryptocurrency sector operates within a framework of intricate legal regulations and stringent prerequisites, all of which necessitate meticulous adherence for lawful and secure operations. Our proficient Prifinance experts are poised to collaborate with you in crafting an optimal licensing strategy, meticulously aligning it with legal requisites and tailoring it to the unique facets of your individual case.