Poland is famous as a jurisdiction with the most accessible crypto license in the EU. However, not all aspects of crypto regulation in this country are clear and transparent.
Full overview of crypto regulation and relocation options in Eastern Carribean countries - Grenada, Dominica, St.Kitts, Antigua.
This publication provides an overview of crypto regulation trends in Latin America in 2022-2023
We deal with what happened to Binance crypto cards and what alternatives exist
Poland is famous as a jurisdiction with the most accessible crypto license in the EU. However, not all aspects of crypto regulation in this country are clear and transparent.
Poland is a safe place according to our rating. It has 70.8 points (from 100) for safety level in Numbeo crime rating (1). The homicide level (2) is 0.7 per 100,000 inhabitants a year. Story of firearm-related death (3) 0.2 per 100,000 inhabitants a year.
The Ministry of Finance explained (4) that bitcoin payments must be treated as a barter exchange.
According to local legal consultants KryptoPrawo (5) and iFirma (6), paying a salary in crypto as a remuneration/swap is possible. The minimum wage must be paid in fiat, another part of wage can be paid in crypto.
In Poland, there is still no special crypto law. However, there are guides issued by the Polish Financial Supervision Authority (KNF) and the local Ministry of Finance. According to consulting company Schonherr (7), crypto companies are regulated by AML/KYC legislation, the Polish Act on Payment Services. Also, according to CGO legal (8)
Since 31st October 2021, business activity in the field of virtual currencies is a regulated activity as defined in regulations of the Act of 6th March 2018 Entrepreneurs’ Law. New regulations do not apply to every entrepreneur whose business activity operates within the field of virtual assets. They mainly relate to entities specified in point 12 of Article 2 of the AML Act.
In Poland, there are two types of licenses related to cryptocurrency activities:
A virtual currency exchange license allows a company to operate as a cryptocurrency exchange platform and exchange virtual currencies for fiat currencies.
A virtual currency wallet license allows a company to offer services, enabling users to store and manage their digital assets.
The Polish Financial Supervision Authority (KNF) issues both licenses. Here is the list (9) of registered entities.
Tax name | Index |
PIT tax Max | 32 |
PIT tax Min | 12 |
Corporate tax (CIT) | 19 |
Max Individual CGT (for crypto) | 19 |
Min Individual CGT (for crypto) | 19 |
Wealth tax Min | 0 |
Wealth tax Max | 0 |
According to the local tax office guide (10)
In addition, revenue arises if you pay with virtual currencies for goods, services or property rights that are not virtual currency or settle other liabilities.
Income is generated if you sell virtual currencies on the stock exchange, in an exchange office or on the open market, i.e. you exchange virtual currencies for legal tender.
According to Accace, annual taxable income up to PLN 120,000 is taxed at 12% and has a value above 32%. Also, according to PWC (11), 4% solidarity surcharge.
The PIT rate for individual crypto sales is 19%. This guide (12) and Zonda crypto (13) confirm this. According to Zonda, the crypto value of profit doesn’t matter. It’s applied at a 19% flat rate.
CIT tax has a flat rate of 19% (14).
1)Crime Index by Country 2023 Mid-Year
2)List of countries by intentional homicide rate
3)List of countries by firearm-related death rate
4)Płatność kryptowalutą na zasadzie umowy barterowej (Cryptocurrency payment based on a barter agreement),. Article
5)Wynagrodzenie wypłacane w kryptowalutach (Remuneration paid in cryptocurrencies). Article
6)Wypłata wynagrodzenia w kryptowalucie? (Salary payment in cryptocurrency?). Article
7)A new era for cryptocurrencies in Poland. Article
8)Cryptocurrency license in Poland 2023. How do you get a crypto license in Poland? Article
9)Rejestr działalności w zakresie walut wirtualnych (Register of activities in the field of virtual currencies). PDF-file
10)Rozliczenie ze sprzedaży kryptowalut (Settlement from the sale of cryptocurrencies). Article
12)Kryptowaluty a podatek PIT – rozliczenie PIT 2024 r (Cryptocurrencies and PIT - PIT settlement 2024). Article
13)4.05 Crypto taxation in Poland. Article