Brazil Crypto Tax Guide 2026: Onshore vs. Offshore Rules

May 1, 202610 min readdTax Team

Navigating Brazil's crypto tax landscape in 2026 requires understanding one critical distinction: where your assets are held. The country operates a dual tax system established by Law 14.754/2023, creating vastly different rules for crypto on domestic Brazilian exchanges versus those on foreign platforms. This guide breaks down both regimes, the new DeCripto reporting requirements, and how to calculate your obligations for the 2026 tax year.

The Great Divide: Onshore vs. Offshore Tax Treatment

The most significant factor determining your crypto tax liability in Brazil is the location of your Virtual Asset Service Provider (VASP). This split, effective since the 2024 tax year, means investors must meticulously segregate their transactions based on whether they occurred on a domestic (onshore) or foreign (offshore) platform.

Onshore Regime: Brazilian Exchanges and Self-Custody

This regime applies to cryptoassets held with VASPs registered in Brazil (with a Brazilian CNPJ) or in self-custody wallets (like hardware or software wallets). The Receita Federal do Brasil (RFB) has clarified that assets in self-custody are generally not considered located abroad, thus falling under the domestic rules.

Key features of the onshore regime include:

  • Monthly Capital Gains Exemption: If your total sales and swaps of all cryptoassets in a single calendar month are R$35,000 or less, any capital gain you realize is tax-exempt. This is a powerful tool for tax planning, but it requires careful monitoring of monthly sales volumes.
  • Progressive Tax Rates: When your monthly sales exceed the R$35,000 threshold, the entire net gain for that month becomes taxable. The rates are progressive, based on the total accumulated gain for the calendar year:
    • Up to R$5 million: 15%
    • R$5,000,000.01 to R$10 million: 17.5%
    • R$10,000,000.01 to R$30 million: 20%
    • Above R$30 million: 22.5%
  • Monthly Reporting and Payment: Tax is calculated and paid on a monthly basis. You must use the GCAP (Ganho de Capital) program to calculate the tax due and generate a DARF (Documento de Arrecadação de Receitas Federais) payment slip. The deadline for payment is the last business day of the month following the sale.

Offshore Regime: Foreign Exchanges

This regime, introduced by Law 14.754/2023, applies to crypto held with VASPs located outside of Brazil (e.g., Binance global, Coinbase, Kraken). The rules are simpler but less forgiving.

Key features of the offshore regime are:

  • No Exemption Threshold: The R$35,000 monthly sales exemption does not apply. Any net profit realized from assets on foreign exchanges is taxable, regardless of the transaction volume.
  • Flat Tax Rate: All net gains are taxed at a flat rate of 15%.
  • Annual Reporting and Payment: Unlike the monthly onshore process, taxes on offshore gains are calculated and paid annually. You consolidate all gains and losses from the entire calendar year and report the net result directly on your annual income tax return (Declaração de Ajuste Anual - DAA). The tax is paid along with any other income tax due for the year.

Onshore vs. Offshore: A Comparison

FeatureOnshore Regime (Brazilian Exchanges / Self-Custody)Offshore Regime (Foreign Exchanges)
Governing LawGeneral Capital Gains RulesLaw 14.754/2023
Tax RateProgressive: 15% to 22.5%Flat: 15%
ExemptionYes, for monthly sales up to R$35,000No exemption
Calculation PeriodMonthlyAnnually
Reporting/PaymentMonthly via GCAP and DARF (Code 4600)Annually via the DAA
Loss CompensationLosses can offset gains in subsequent months (onshore only)Losses can offset gains within the same year or be carried forward (offshore only)

Managing these two separate pools of transactions—each with its own cost basis, gain/loss calculation, and reporting schedule—can be complex. Tools like dTax can automatically segregate your onshore and offshore transactions, applying the correct rules to each and simplifying the preparation of both your monthly DARFs and annual DAA.

The 2026 Reporting Overhaul: IN 1.888 vs. DeCripto

While the tax rates are set by law, the reporting framework is undergoing a major transition in 2026. This change is designed to increase transparency and align Brazil with international standards like the OECD's Crypto-Asset Reporting Framework (CARF).

The Legacy System: IN RFB 1.888/2019

From 2019 until mid-2026, Instrução Normativa RFB Nº 1.888/2019 governed crypto reporting. Under this rule:

  • Brazilian exchanges were required to report all user transactions directly to the RFB every month.
  • Individuals and companies using foreign exchanges or transacting peer-to-peer had to self-report if their total monthly transaction volume exceeded R$30,000.

The New Era: DeCripto (IN RFB 2.291/2025)

The old system is being phased out. The new Declaração de Criptoativos (DeCripto) framework becomes mandatory starting July 1, 2026.

  • For operations from January 1 to June 30, 2026: The old rules of IN 1.888 still apply.
  • For operations from July 1, 2026, onwards: All reporting must follow the new DeCripto rules.

DeCripto is a reporting upgrade, not a tax change. It requires more granular data, including specific transaction types (e.g., staking, airdrops, swaps) and potentially transaction hashes. For individuals, the self-reporting threshold for operations not intermediated by a Brazilian VASP is adjusted to R$35,000 per month. This means the RFB will have a much clearer picture of crypto activities, making accurate reporting more critical than ever.

Calculating Your Taxable Gains in Brazil

The foundation of crypto tax calculation is determining your capital gain or loss. In Brazil, this is defined as the sale price minus the acquisition cost.

Cost Basis: Custo Médio Ponderado

Brazil uses the weighted average cost method (custo médio ponderado) to determine the acquisition cost of your crypto. Each time you buy more of a specific asset, you must recalculate your average cost:

New Average Cost = (Total Value of Existing Holdings + Cost of New Purchase) / (Total Quantity of Existing Holdings + Quantity of New Purchase)

This average cost is then used to calculate the gain or loss on any subsequent sale. Maintaining an accurate, running calculation of the average cost for each asset across all your wallets and exchanges is fundamental for compliance.

Crypto-to-Crypto Swaps are Taxable

A common misconception is that trading one cryptocurrency for another (e.g., BTC for ETH) is not a taxable event. In Brazil, the RFB is clear: a crypto-to-crypto swap (permuta) is considered an alienation, or disposal. This means you are effectively "selling" the first asset and "buying" the second.

If you are operating under the onshore regime, the fair market value of the swap contributes to your R$35,000 monthly sales threshold. If the threshold is crossed, any gain on the disposed asset is taxable.

Annual Filing: Declaring Crypto on Your IRPF

Regardless of whether you owe tax, you may be required to declare your crypto holdings on your annual income tax return (DAA or IRPF).

The obligation to declare ownership arises if the acquisition cost of any single type of cryptoasset equals or exceeds R$5,000 as of December 31st of the tax year.

You must report these assets in the "Bens e Direitos" (Assets and Rights) section, under Group 08 – Criptoativos, using the appropriate code:

  • 01: Bitcoin (BTC)
  • 02: Other cryptocurrencies (altcoins) like Ether (ETH), Solana (SOL), etc.
  • 03: Stablecoins like USDT, USDC, etc.
  • 10: Non-Fungible Tokens (NFTs)
  • 99: Other cryptoassets

The value reported must always be the acquisition cost in Brazilian Reais (BRL), not the market value on December 31st.

The Complex World of DeFi, Staking, and NFTs

While the rules for buying and selling crypto are becoming clearer, the tax treatment of DeFi, staking, and NFTs remains a developing area.

  • Staking Rewards: The prevailing view among tax professionals is that staking rewards should be treated as ordinary income at the fair market value on the date you gain control over them. This income may be subject to monthly tax via Carnê-Leão if received from a foreign source. The subsequent sale of these rewarded assets would then be a separate capital gains event.
  • DeFi & Liquidity Pools: Yields from liquidity pools and other DeFi protocols are highly complex. The RFB's guidance in Solução de Consulta (COSIT) Nº 184/2024 classified a specific type of crypto yield as interest income, but this ruling cannot be broadly applied to all DeFi activities. The treatment depends heavily on the protocol's mechanics.
  • NFTs: Gains from selling NFTs are generally treated as capital gains, subject to the same rules as other cryptoassets. They are declared under code 10 in the Bens e Direitos section.

Given the lack of definitive guidance, navigating these advanced areas requires careful documentation and professional advice.

How to Stay Compliant in a Transition Year

2026 is a pivotal year for Brazilian crypto investors. To ensure compliance, focus on these key actions:

  1. Segregate Your Holdings: The first step is to clearly identify which of your assets fall under the onshore regime and which fall under the offshore regime.
  2. Track Every Transaction: Meticulously record all buys, sells, swaps, and income events, noting the date, values, and platform used.
  3. Monitor Monthly Onshore Sales: If you use Brazilian exchanges or self-custody, keep a running total of your monthly sales volume to know if you will exceed the R$35,000 exemption threshold.
  4. Understand the Reporting Shift: Remember that the reporting rules change on July 1, 2026. Be prepared for the more detailed requirements of the DeCripto framework.
  5. Use a Crypto Tax Tool: The dual system and detailed tracking requirements make manual calculation prone to error. A dedicated crypto tax calculator can save hours of work and help ensure accuracy.

Frequently Asked Questions

What happens if I sell less than R$35,000 in a month on a Brazilian exchange?

If your total sales and swaps on domestic platforms for the month are R$35,000 or less, your capital gain is tax-exempt. However, you are still required to report this exempt income on your annual tax return (IRPF) in the "Rendimentos Isentos e Não Tributáveis" section.

Do I have to pay tax on crypto held in a self-custody wallet like a Ledger?

Crypto held in self-custody is generally considered to fall under the onshore tax regime. This means the monthly R$35,000 sales exemption and progressive tax rates apply when you sell or swap those assets. The tax treatment isn't triggered by holding, but by disposal. Because the specifics can be complex, consulting a tax professional is recommended.

Is the R$35,000 reporting threshold for DeCripto the same as the R$35,000 capital gains tax exemption?

No, they are legally distinct and should not be confused. The R$35,000 monthly tax exemption applies only to the onshore regime and determines if your capital gains are taxable. The R$35,000 monthly reporting threshold under DeCripto (effective July 1, 2026) applies to operations on foreign or P2P platforms and triggers a mandatory reporting obligation to the RFB, regardless of whether tax is due.


This content is for informational purposes only and does not constitute tax, legal, or financial advice. Consult a qualified tax professional for your specific situation.

The complexities of Brazil's dual tax system and new reporting rules demand a robust solution for tracking and calculation. Don't risk errors with manual spreadsheets. Start automating your crypto taxes with dTax.