Do you have to pay taxes on crypto?
Yes – for most crypto investors. There are some exceptions to the rules, however.
Crypto assets aren’t considered money or currency by key financial institutions. From a tax perspective, crypto assets are treated like shares and will be taxed accordingly.
Crypto traders and investors need to be aware of the wide array of transactions ranging from basic purchase and sell orders all the way through to hard forks, airdrops, staking and more.
The crypto industry is developing rapidly, and the position on tax has inevitably become more complicated.
The emergence of complex cryptocurrency-like gaming and gambling platforms, as well as non-fungible tokens and hybrid tokens for specific purposes, has changed the asset class.
If you are not a UK tax resident or do not have a domicile in the UK, then you may benefit from more favourable tax rules.
When do you pay tax on crypto?
There are several activities associated with cryptocurrency that you will be taxed on:
Buying and selling crypto
- If you’ve sold your crypto for more than you bought it, you’ll likely pay capital gains tax (CGT) on the profit.
- If you lose money through trading, those losses could minimise your CGT bill. It’s also important to remember that swapping cryptocurrencies will trigger a capital gains taxable event as you will be selling crypto to other investors or liquidity pools.
- If you’re trading huge amounts of crypto – or anything that will be considered ‘exceptional circumstances’ – HMRC may think you are a trader and ask you to pay income tax on trading, rather than CGT.
Paid in crypto
- Regardless of the cryptocurrency you’re paid in, or who pays you, you’ll have to pay income tax and national insurance (NI) contributions.
Crypto you inherit
- HMRC treats cryptocurrency as property under UK tax law.
Mining and validating
Mining cryptocurrency will either be considered a hobby or a fully-fledged business. This will depend on several factors:
- Organisation
- Risk
- Degree of activity
- Commerciality
Mining as a business
If your mining activity is considered a business, the mining income will be added to trading profits and be subject to income tax deductions.
When you dispose of cryptocurrency, any gain in value from the acquisition time will be added to your trading profits, and the transaction may be subject to NI contributions.
Mining as a hobby
If your mining activities can be classed as a hobby, any income must be declared under miscellaneous income when you fill out your tax return.
It will be the fair market version of the value of the crypto at the time you receive it.
Any rewards or fees received in exchange for mining activity will also be added to your taxable income.
However, you may be able to deduct reasonable expenses from income before adding it to the taxable income. But it will be subject to CGT when you dispose of this crypto.
Staking
According to HMRC, the GBP value of any tokens awarded at the time of receipt will be taxable as miscellaneous income with any reasonable expenses reducing the chargeable amount.
Individuals may want to treat it as savings income and use the personal savings allowance to reduce their tax bill.
Speak with a tax accountant if you consider this, as CGT rules may apply if you dispose of it at a later date.
How much tax do you pay on crypto/crypto gains?
Income tax
Income tax is usually applied to those buying, selling or receiving cryptocurrency through a trade.
A ‘day trader’ is probably the most obvious example – someone who actively buys and sells crypto assets to create short-term profit.
However, individuals are unlikely to meet the description of a ‘trader’ for income tax purposes if trading on their own account, meaning they will likely be considered under the CGT regime.
To fall into the definition of ‘trading’, you would need to buy and sell crypto assets with such intention, sophistication, frequency and level, or organisation that the activity amounts to a financial trade.
If you meet the trading threshold, net profits will be subject to income tax at 20%, 40% and 45% (based on the tax bracket your income falls into) and national insurance at 10% and 2%.
Any money made from crypto as an income will count towards your income tax: 0% to 45% depending on your tax band in England, Wales and Northern Ireland, or if you’re in Scotland – which has two more bands – a 19% starter rate and 21% intermediate rate.
Capital gains tax
In most cases, anyone buying, holding and selling cryptocurrency on their own account is considered to be undertaking investment activity and is subject to CGT.
Disposing of crypto assets will result in a taxable event, with the value of any disposal proceeds matched against purchases in a specific order:
- Crypto assets acquired on the same day
- Crypto assets acquired in the following 30 days
- The average cost of any unmatched crypto assets (‘the pool’)
Individuals pay CGT on their total gains above an annual tax-free allowance of £6,000.
Any gains above this allowance will be taxed at 10% up to the basic rate tax band and 20% on gains at the higher and additional tax rates.
