The 365-day crypto rule - 0% vs 28% stays in 2026
Summary
Since 2023 Portugal taxes capital gains on crypto-assets at a flat 28% if the asset is held for less than 365 days; exempt if ≥ 365 days. A crypto-to-crypto swap RESTARTS the holding period. In 2026 the rule stays, but AT enforcement has increased.
What this means for you
High-frequency traders and holders who swap often cannot claim the exemption. Staking / DeFi yield income may be reclassified as a professional activity (category B + Social Security).