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Crypto Gains in PIT-38: What You Actually Owe

Crypto Gains in PIT-38: What You Actually Owe

2026-01-24

🧾 Introduction

Since 2019, Polish tax law has provided a specific framework for cryptocurrencies. The good news? It's much friendlier than in many other countries.

The most important thing to know is that Polish law distinguishes between taxable events and neutral events. If you don't know the difference, you might be overpaying thousands of PLN in taxes.

This guide explains clearly when you trigger a tax event and how to report it in PIT-38.


💡 The "Golden Rule" of Polish Crypto Tax

Here is the single most important rule: Exchanging Cryptocurrency for Cryptocurrency is TAX-NEUTRAL.

  • BTC → ETH: ❌ No Tax.
  • ETH → USDT (Stablecoin): ❌ No Tax.
  • USDT → BTC: ❌ No Tax.

You ONLY pay tax when you exit the crypto ecosystem:

  1. Sell for Fiat (PLN, EUR, USD, etc.).
  2. Pay for Goods/Services (Buying a coffee with BTC).

This means you can trade thousands of times between coins without triggering a single tax event, as long as you don't cash out to fiat.


🧮 How to Calculate Your Gain

Your tax base is simple: $$ \text{Income (Sales to Fiat)} - \text{Deductible Costs (Purchases with Fiat)} = \text{Profit} $$

Example Scenario

  • Jan 1: Buy 1 BTC for 40,000 PLN.
  • Jun 1: Swap 1 BTC for 15 ETH. (Neutral - ignore for tax).
  • Dec 1: Sell 15 ETH for 60,000 PLN.

Your Calculation:

  • Income: 60,000 PLN
  • Costs: 40,000 PLN
  • Profit: 20,000 PLN
  • Tax (19%): 3,800 PLN

Note: If you sold the ETH for USDT instead of PLN, your Income would be 0 for this year.


🧾 Step-by-Step: Filling PIT-38

Go to Section E: Odpłatne zbycie walut wirtualnych.

Field NameWhat to Enter
Przychód (Income)Total value of all crypto sold for Fiat or used for buying things. Gross value (before fees).
Koszty (Costs)Total value of all crypto bought with Fiat. Includes exchange fees.
Dochód (Profit)Income minus Costs. If positive, you pay 19% tax.
Strata (Loss)If Costs > Income, you have no profit. The difference rolls over to next year (see our Carry Forward guide).

⚠️ Common Mistakes

  1. Reporting Stablecoin Trades: Many people think selling BTC for USDT is a "sale". It is not. Stablecoins are treated as "Virtual Industry" property, not fiat money.
  2. Airdrops & Staking: These are technically often treated differently (sometimes as "Other Income" / Inne Źródła), but often lumped into PIT-38 by investors. Consult a tax advisor for these specific edge cases.
  3. Ignoring Costs: If you bought BTC in 2021 and sold in 2024, you MUST dig up that 2021 cost. If you declare 0 cost, you pay tax on the full revenue!

✅ Best Practices

  • Export Everything: Download full CSV history from all exchanges (Binance, Kraken, Revolut).
  • Use Calculators: For high volume trading, manual calculation is suicide. Use tools like Koinly or Cointracking (ensure they support Polish regulations).
  • Separate Wallets: Keep your long-term "HODL" stack separate from your trading stack to make Fifo/identification easier.

By understanding the Crypto-to-Crypto Neutrality rule, you can trade freely without the headache of calculating tax on every swap.