The Ministry of Finance (MF) maintains that Zondacrypto clients who exchanged cryptocurrency for zloty, dollars or euro have taxable income, even if the exchange has not paid them the money. The tax is 19 percent of income and is settled on form PIT-38.
The position of the finance ministry was reported on Friday, 16 October, by “Rzeczpospolita”, which quoted the MF’s answer to a journalist’s question. Earlier, a similar ministry response was cited by PIT.pl: the MF does not provide special rules for Zondacrypto clients, and general rules apply.
When Income Arises
According to the MF, income from the paid disposal of virtual currency is income from capital. This is governed by art. 17 para. 1 point 11 of the Personal Income Tax Act. The ministry points out that for cryptocurrencies the general rule of art. 11, under which income arises only once money is received, does not apply. Income arises at the moment virtual currency is exchanged for legal tender, goods, a service or a property right (art. 17 para. 1f).
The MF’s answer states that the actual payout of funds is irrelevant to whether income arises. What matters is the moment the exchange executed the trade.
Who Is Affected and Who Is Not
The ministry’s explanations establish the following division:
- There is a tax obligation when a client exchanged cryptocurrency for zloty, dollars or euro and the amount was credited to their exchange account. This also applies when the exchange has not paid the money out to a bank account.
- There is no income when the client merely held cryptocurrencies and did not dispose of them.
- There is no income when the client exchanged one cryptocurrency for another.
Individual tax interpretations reach similar conclusions. “Rzeczpospolita” cites interpretation no. 0115-KDIT1.4011.479.2026.1.MK, according to which the exchange’s failure to pay out funds due to bankruptcy does not reduce income.
How to Settle It
Income is reported in the PIT-38 return. Costs, such as the purchase cost of cryptocurrencies, are deducted from income, and 19 percent tax is paid on the resulting income. The exchange does not issue a PIT-8C form, but the MF reminds taxpayers that this does not release them from the obligation to settle independently. The burden of proving income and costs lies with the taxpayer. According to the MF, each case is assessed individually, taking into account the reasons for failing to file a return or for filing one with false data.
What It Means for Clients
PIT-38 returns for 2025 could be filed until the end of April 2026. Anyone who sold crypto on Zondacrypto for fiat currencies and did not settle the transactions should consider filing a corrected return. If there is no money to pay the tax, and the person holds documents confirming a freeze of funds, they may apply for payment relief under art. 67a of the Tax Ordinance: deferral, installments or write-off. These are granted individually, after assessing the taxpayer’s financial situation. People without transaction history should request it from the trustee or the operator. Doubts in a specific case can be resolved by applying for an individual interpretation from the National Tax Information (KIS). As of the publication date, the MF has not announced any change to the regulations or a general interpretation for Zondacrypto clients.
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