Taxation of cryptocurrency’s trade – directions and tax policy decisions

Abstract

Taxation of trading in cryptocurrencies raised many doubtsby the end of 2018, in particular in light of the lack of special rules in relation to income taxes and tax on civil law transactions. Since1 January 2019, the Polish legislator has decided to introduce into the Polish tax systema new and comprehensive regime sanctioning tax effects related to the virtual currency business in relation to both income taxes, while in mid-2018 a decision was taken to abandon for one year the collection of tax on civil law transactions. Trading in virtual currencies also produces certain effects in relation to the value added tax (tax on goods and services), in relation to whichthe leading role should be attributed to the 2015 judgment of the Court of Justice of the European Union. The intention of this article is to presentan analysis of the rules related to the taxation of cryptocurrencies deepened by anindication of practical problems in their application and tax policy decisions, which in their assumption, were aimed to resolve these problems. Where appropriate, the author will also refer to tax situation before the changes were introduced.