🇵🇹 Portugal

Portugal completed MiCA transposition December 2025 via Laws 69/2025 and 70/2025. Transition until July 1, 2026. Dual-NCA model: Bank of Portugal (prudential/authorization) + CMVM (conduct/market abuse). Tax-free for holdings >365 days; 28% on short-term gains.

Overview

Statuscrypto_friendly
Risk Score15/100 (Low Risk)
Regioneurope
CurrencyEUR
Adoption Rank#16

Tax Information

Capital Gains (Personal)28% on crypto gains if held less than 365 days; 0% if held over 365 days
Capital Gains (Corporate)20% corporate income tax (IRC) on crypto gains as of 2025 (reduced from 21% via 2025 State Budget effective January 1, 2025). Further planned reduction: 19% for 2026 tax periods, 15-16% for SMEs on first €50,000. Target rate 17% by 2028.
VAT on CryptoNo
Staking TaxStaking rewards: occasional/passive staking taxed as Category E (investment income) at 28% flat rate. Regular or profit-driven staking classified as Category B (business income) subject to progressive rates 14.5%-53%. The 365-day holding period exemption applies to the eventual disposal of staked assets, not to the staking rewards themselves (which are taxed on receipt/accrual as Category E). AT binding ruling PIV n.º 28122 provides official guidance.
Airdrop TaxAT guidance published May 2025 clarifies: airdrops classified as Category E (investment income) taxed at 28% flat rate when received, based on fair market value in EUR at time of receipt. Subsequent disposal of airdropped tokens also subject to capital gains rules (28% if held <365 days; 0% if >365 days). No longer 'no specific guidance' — AT May 2025 publication explicitly addressed airdrop/reward treatment.

Portugal introduced a 28% tax on crypto gains for holdings under 365 days in the 2023 State Budget. However, crypto held for over 365 days remains completely tax-free, making Portugal still very attractive for long-term holders. The Non-Habitual Resident (NHR) regime was reformed in 2024 but existing beneficiaries retain advantages.

Licensing & Registration

RequiredYes
RegulatorBank of Portugal / CMVM
FrameworkMiCAR + Law 69/2025 + Law 70/2025
Easemedium
Cost (USD)$20,000 - $150,000

VASPs registered with Bank of Portugal may continue until Jul 2026. Dual-NCA model mirrors EU twin-peaks pattern.

Laws & Regulations

NameYearStatusScope
Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA)2023Activesupranational
Establishes a comprehensive EU framework for crypto-asset service providers (CASPs), stablecoin issuers (ART/EMT), and trading platforms; prohibits market abuse in crypto-assets; full application from 30 December 2024.
Regulation (EU) 2023/1113 on Transfer of Funds and Certain Crypto-Assets (TFR)2023Activesupranational
Extends FATF Travel Rule to crypto-asset transfers; requires CASPs to collect and transmit originator/beneficiary information for all transfers, removing the EUR 1000 threshold; applies from 30 December 2024.
Council Directive (EU) 2023/2226 (DAC8)2023Activesupranational
Amends Directive 2011/16/EU to require mandatory automatic exchange of information on crypto-asset transactions held by EU tax residents; CASPs must report to national tax authorities from 1 January 2026.
Regulation (EU) 2022/2554 on Digital Operational Resilience for the Financial Sector (DORA)2022Activesupranational
Mandates ICT risk management, incident reporting, third-party provider oversight, and digital operational resilience testing for financial entities including CASPs covered by MiCA; applies from 17 January 2025.
Directive (EU) 2018/843 (5th Anti-Money Laundering Directive)2018Activesupranational
First EU directive to bring crypto-asset exchange services and custodian wallet providers within AML/CFT scope; introduced KYC obligations and registration requirements for Virtual Asset Service Providers.
Directive (EU) 2018/1673 on Combating Money Laundering by Criminal Law (6AMLD)2018Activesupranational
Harmonises criminal-law definitions and penalties for money laundering across EU member states; establishes minimum custodial sentences and corporate liability rules applicable to crypto-related ML offences.
Regulation (EU) 2024/1624 on Anti-Money Laundering Requirements (AML Regulation)2024Activesupranational
Replaces 5AMLD/6AMLD with a single AML Regulation directly applicable in all member states; tightens KYC/CDD requirements for CASPs and sets EUR 1000 cash-equivalent threshold for crypto transactions; phased application 2027.
Commission Delegated Regulation (EU) 2024/2795 supplementing MiCA2024Activesupranational
MiCA Level 2 delegated act setting regulatory technical standards on information requirements and procedures for competent authority notifications under MiCA; part of the MiCA implementation package applicable from December 2024.

Enforcement Activity

Level: Low

CMVM has issued consumer warnings about crypto risks. Enforcement has been light, with focus on registration compliance rather than punitive action.

AML / KYC

KYC RequiredYes
Travel RuleYes
FATF MemberYes
FATF Statuscompliant
FATF BodyFATF
Suspicious-Activity ReportingYes

DeFi, Stablecoins & NFTs

Status: regulated

Under MiCA, DeFi with identifiable operators may require CASP authorization. CMVM follows ESMA guidance. Lisbon hosts a growing DeFi development community.

Stablecoins

Status: specific_framework

MiCA stablecoin framework applies. CMVM and Banco de Portugal oversee ART and EMT authorization respectively.

NFTs

Status: Unclear

MiCA excludes unique NFTs. CMVM follows ESMA classification guidance. No additional Portuguese NFT rules.

Mining

LegalYes
Electricity Cost$0.122/kWh
Renewable Energy61%
Infrastructuregood

Portugal has favorable conditions for crypto mining with relatively moderate electricity costs and a high share of renewable energy. Infrastructure for data centers and internet connectivity is good, supporting mining operations.

Geopolitical Risk

Stabilitystable
SanctionsNo
Corruption Index62/100
Banking Accessopen
Sanctions Program ActiveYes

Risk Factors

Portugal is politically stable with no international sanctions. It has a relatively clean governance environment and good ease of doing business. Internet freedom is high and banking access for crypto companies is generally open.

Sources

Frequently Asked Questions

Is cryptocurrency legal in Portugal?

Portugal completed MiCA transposition December 2025 via Laws 69/2025 and 70/2025. Transition until July 1, 2026. Dual-NCA model: Bank of Portugal (prudential/authorization) + CMVM (conduct/market abuse). Tax-free for holdings >365 days; 28% on short-term gains.

What is the FATF status of Portugal?

Portugal is classified by FATF as: compliant.

Are VASPs licensed in Portugal?

Yes, licensing is required for VASPs.

What is the AML/KYC regime in Portugal?

KYC is mandatory for crypto businesses.

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Last reviewed: 2026-09-02 · Data source: Soken Crypto Legal Map

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