Malta tax treatment of crypto-assets for individuals and companies, basis year 2026 (year of assessment 2027) with a dated section on 2025 income: trading versus capital under the Income Tax Act, which tokens count as securities for capital gains, mining, staking and airdrops, the remittance basis and non-dom minimum tax, company rate and return dates, VAT on crypto transactions, duty on share-type tokens, DAC8 exchange reporting, records, and where the Commissioner's DLT guidelines must be checked.
Written by the OpenAccountants team. Written and source-checked by the OpenAccountants team from the official sources it links.
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| Chargeable income | Rate | Subtract |
|---|---|---|
| Not over €12,000 | 0% | nil |
| Over €12,000 and under €16,000 | 15% | €1,800 |
| Over €16,000 and under €60,000 | 25% | €3,400 |
| Over €60,000 | 35% | €9,400 |
This Guide covers how Malta taxes coins, tokens and other crypto-assets (the Commissioner calls them "DLT assets") held or dealt in by individuals and companies: income tax on trading profits and other crypto receipts, capital gains on tokens that count as securities, the remittance basis for non-domiciled residents, VAT, duty on documents, and the new crypto reporting by exchanges.
How the law is built. The Income Tax Act has no crypto-specific rule. Crypto is taxed through the general rules: trading income under article 4(1)(a), other income under article 4(1), and capital gains only on the assets listed in article 5. The Commissioner has published guidelines on the income tax, VAT and duty treatment of DLT assets. Under article 96(2), published guidelines "shall have the same effect as the rules" as long as they do not conflict with the Act.
What we could not check. The guidelines sit on mtca.gov.mt, which refused our automated source checks on 25 September 2026. So this Guide sources every figure from the Laws of Malta (legislation.mt). Anything that rests only on the guidelines (the exact coin/utility/financial token definitions, the guideline dates, and the VAT and duty positions on specific crypto transactions) is marked "check on mtca.gov.mt". Do not quote guideline wording from memory.
Companion Guides. For rate tables in full, residence rules, provisional tax, interest and penalties, use the Malta income tax Guide (malta-income-tax). For registration, returns and input tax, use the Malta VAT return Guide (malta-vat-return).
Not covered: licensing under the Virtual Financial Assets Act or MiCA; issuing tokens (ICOs, IEOs, STOs); funds; the special residence programmes; double tax relief; and full company refund computations. These are referred (see "When to refuse or refer").
Individual resident, single table, basis year 2026 (year of assessment 2027). Tax = chargeable income × rate − subtraction. Act III of 2026 replaced article 56(1)(a) and (b) "applicable from the year of assessment 2027".
| Chargeable income | Rate | Subtract |
|---|---|---|
| Not over €12,000 | 0% | nil |
| Over €12,000 and under €16,000 | 15% | €1,800 |
| Over €16,000 and under €60,000 | 25% | €3,400 |
| Over €60,000 | 35% | €9,400 |
Married (joint), parent and the new qualifying-child tables have different bands and conditions. Use the Malta income tax Guide (malta-income-tax) for them. For 2025 income, the single table in Act IX of 2025 has the same bands and subtractions.
| Item | Figure | Year | Source |
|---|---|---|---|
| Company rate on chargeable income | 35% ("thirty-five cents (0.35) on every euro") | 2026 and 2025 | ITA art. 56(6) |
| Non-dom minimum tax | €5,000 a year, only if income arising outside Malta is not less than €35,000 and is not received, or not fully received, in Malta | 2026 and 2025 | ITA art. 56(27) |
| Interest on late income tax | 0.6% for every month or part of a month, capped at the tax | tax due on or after 31 August 2022 | ITMA art. 44 |
| VAT standard rate | 18% | 2026 | VAT Act art. 19(1) |
| Duty on transfer of marketable securities | 2% (two euro per hundred), plus 3% more for property-rich companies | 2026 | Duty on Documents and Transfers Act art. 42 |
| Property-rich test for the extra duty | 75% or more of the company's relevant assets are immovable property | 2026 | Duty on Documents and Transfers Act art. 42(2) |
| Record retention | not less than nine years after the transactions | all years | ITMA art. 19(5) |
The statute. Article 5 taxes capital gains only on the listed assets: immovable property; "securities, business, goodwill, business permits, copyright, patents, trademarks and trade-names and any other intellectual property"; a beneficial interest in a trust; and an interest in a partnership. "Securities" means:
"shares and stocks and such like instrument that participate in any way in the profits of the company and whose return is not limited to a fixed rate of return, units in a collective investment scheme as defined in article 2 of the Investment Services Act, and units and such like instruments relating to linked long term business of insurance."
A crypto-asset that is not in that list is outside article 5. Its disposal is taxed only if the profit is income, mainly trading income under article 4(1)(a).
The Commissioner's labels (from the DLT guidelines; the definitions and wording are to check on mtca.gov.mt):
| Label | Typical example | Article 5 capital gains? | Trading profit taxable? |
|---|---|---|---|
| Coin | BTC, ETH, LTC used as money or a store of value | No: not "securities" | Yes, under art. 4(1)(a) |
| Utility token | Gives access to a product or service on a DLT platform | No: not "securities" | Yes, under art. 4(1)(a) |
| Financial token | Shares in profits like a share, or pays a return like a bond or fund unit | Yes, if it meets the "securities" definition | Yes, under art. 4(1)(a) if dealt in |
| Hybrid token | Starts as utility, later gains profit rights | Treat by its features at the time of transfer; check | Yes, under art. 4(1)(a) |
A token that pays only a fixed return does not meet the "securities" wording ("not limited to a fixed rate of return"). Its non-trading gain is then outside article 5. Check the guideline treatment before relying on this.
Listed shares. Article 5(6)(b) takes out of the capital gains rule any "transfer of shares listed, or in consequence of a listing, on a stock exchange recognised by the Commissioner for the purpose of this provision not being securities in a collective investment scheme". Whether a crypto trading venue is a recognised stock exchange: check.
Capital losses on article 5 assets "shall not be set off against other income for the year of assessment but shall be carried forward and set off against capital gains in respect of subsequent years of assessment" (article 5(10)(b)). A loss on a coin held as an investment is outside article 5 and gives no relief.
Article 4(1)(a) taxes "gains or profits from any trade, business, profession or vocation ... including the profit arising from the sale by any person of any property acquired by him for the purpose of profit-making by sale, or from the carrying on or carrying out of any profit-making undertaking or scheme".
So there are two ways crypto profit becomes income:
There is no bright-line test in the Act. Weigh the facts:
| Factor | Points to trading or profit-making | Points to capital (investment) |
|---|---|---|
| Frequency | Many trades a day, week or month | A few trades over years |
| Holding period | Days or weeks | Months or years |
| Intention at purchase | Profit from price moves and resale | Long-term holding |
| Methods | Leverage, derivatives, bots, arbitrage | Buy and hold, no leverage |
| Funding | Borrowed money | Own savings |
| Organisation | Systematic, business-like, dedicated time | Incidental to other work |
| Other income | None, or crypto is the main activity | Separate full-time job or business |
Working default. When the facts are unclear, treat the profit as taxable income and tell the client why. This is a prudent default, not a rule of law; a well-documented investment position can be defended.
What the Act does not do. A genuine capital gain on a coin or utility token held as an investment is not in article 5, so it is not taxed. The guidelines take the same line on coins held as investments (check on mtca.gov.mt).
The Act has no specific rules for these. The treatments below follow the general heads of article 4(1). Where the head depends on the guidelines or is unsettled, it says "check".
| Receipt | Working treatment | Status |
|---|---|---|
| Crypto received as salary or fees | Income at euro market value when received: employment under art. 4(1)(b), or business under art. 4(1)(a) | Statute |
| Selling goods or services for crypto | Business income at the euro value of the crypto received; later disposal of the crypto is a separate event | Statute |
| Mining as a business (organised, for profit) | Business income under art. 4(1)(a), at market value when received; costs deductible if wholly and exclusively incurred | Statute; valuation check |
| Hobby-scale mining | Income at market value when received is the prudent view | Check |
| Staking and validator rewards | Income at market value when received; art. 4(1)(a) if a business, otherwise the head the Commissioner applies | Check |
| Lending interest (DeFi or platform) | Income when received; whether it is "interest" under art. 4(1)(c) or other income | Check |
| Airdrops | Taxable if received for doing something (a service or task); a purely gratuitous airdrop may not be income | Check |
| Hard fork coins | Cost of the original coin unchanged; new coin has nil cost; disposal classified like any other | Check |
| Liquidity pools | Adding to a pool may be a disposal; LP tokens get a new cost; impermanent loss is not a recognised deduction | Check; evolving |
| NFTs bought and sold | Disposal of an asset; taxable if trading or bought to resell | Statute |
| NFTs created and sold by the artist | Business income | Statute |
Whatever is taxed on receipt becomes the cost of that crypto for any later disposal.
| Client | Crypto income | Crypto capital gains (art. 5 assets only) |
|---|---|---|
| Resident, ordinarily resident and domiciled in Malta | Worldwide, whether received in Malta or not | Worldwide |
| Resident but not domiciled, or not ordinarily resident | Malta-source income in full; foreign income only "on the amount received in Malta" (proviso (i)) | Malta gains only; "no tax shall be payable on capital gains arising outside Malta" (proviso (ii)) |
| Not resident | Malta-source only | Malta-source only |
Where income arises. The remittance basis applies only to income "arising outside Malta". For trading profits, where the income arises depends on where the trading is carried on, not on where the exchange is based. A non-dom living in Malta and trading from a laptop in Malta should not assume the profit is foreign. Refer if material.
Exceptions. Provisos (i) and (ii) do not apply to a long-term resident or to a holder of a permanent residence certificate or card (for income from the year the status is granted and later years), or to an individual "whose spouse is ordinarily resident and domiciled in Malta". These people are taxed on worldwide income.
Received in Malta. Moving proceeds to a Maltese bank account is a remittance. Keep evidence of what was brought in and from which source.
Minimum tax (article 56(27)). It applies only if the individual meets all of these in the basis year:
The tax is then not less than €5,000 for the year. Tax paid under the Act counts towards it, except tax on article 5A property transfers. If the client proves that tax on worldwide income would be lower, the lower amount applies. If foreign income is below €35,000, or all of it is received in Malta, there is no minimum tax. The €35,000 test is on total foreign income, not only the part kept abroad: bringing part of it into Malta does not take the client out.
The VAT Act has no crypto-specific rule. The Maltese exemption for money is Fifth Schedule, Part Two (exempt without credit), item 3(4): "Transactions, including negotiation, concerning currency, bank notes and coins normally used as legal tender". The view that exchanging crypto for money is exempt comes from the EU Court of Justice's Hedqvist ruling (C-264/14) on the matching Directive rule and from the MTCA VAT guideline. Neither could be captured from an allowed source: check on mtca.gov.mt.
| Transaction | Working VAT treatment | Status |
|---|---|---|
| Buying or selling crypto for euro, or swapping coins, as an investor | No economic activity, so no VAT | Check |
| Exchange service for a fee or spread (crypto to fiat and back) | Exempt without credit under the currency exemption, as read in Hedqvist | Check |
| Selling goods or services and accepting crypto as payment | VAT on the goods or services at the normal rate (18% standard) on the value received; the crypto itself is not taxed | Statute for the rate; check for valuation |
| Mining with no identifiable customer (block rewards) | No supply for consideration, so outside VAT | Check |
| Mining, hosting or node services for identified customers for a fee | A supply of services; taxable at 18% unless an exemption applies | Check |
| Staking-as-a-service fees charged to others | Possibly an exempt financial service; case by case | Check |
| NFT sales | Commonly treated as electronically supplied services; for consumers, the place of supply is where the customer lives, so another EU country's VAT may apply (OSS) | Check |
| Situation | Treatment | Why |
|---|---|---|
| One purchase of a coin, bought to sell at a profit, sold months later | Taxable income under art. 4(1)(a) | "property acquired by him for the purpose of profit-making by sale"; no minimum number of trades |
| Coin bought to hold, sold years later, no trading pattern | Not taxed | Not in the art. 5 list; capital, not income |
| Loss on a coin held as an investment | No relief | Outside art. 5; art. 5(10) losses cover only art. 5 assets |
| Trading loss | Business loss rules apply (see malta-income-tax) | Art. 4(1)(a) and 14 |
| Token that shares in profits with no fixed cap on return | Art. 5 "securities": capital gain even if held as investment | Art. 5(1) definition |
| Token paying only a fixed return | Not "securities" (return "limited to a fixed rate"); non-trading gain not taxed; income it pays is taxed | Art. 5(1) definition; check guideline |
| Listed shares (not fund units) on a recognised exchange | Outside the capital gains rule | Art. 5(6)(b) |
| Non-dom, foreign crypto income kept abroad | Not taxed unless received in Malta; minimum tax test at €35,000 | Art. 4(1) proviso (i); art. 56(27) |
| Non-dom whose spouse is ordinarily resident and domiciled in Malta | Taxed on worldwide income | Art. 4(1) provisos do not apply |
| Non-dom, foreign capital gain on a financial token | Not taxed, even if remitted | Art. 4(1) proviso (ii) |
| Transfer between own wallets | Not a disposal | No change of owner |
| Crypto-to-crypto swap | Disposal of the first asset at market value | General principles; check guideline |
| Stablecoin swap | Disposal; gain usually small | General principles |
| Transfer of a coin or utility token | No duty | Not a "marketable security" |
| Transfer of a token that is a holding of share capital, to or by a person in Malta | Duty at 2%, or 5% for a property-rich company | Duty Act art. 42 |
All cases are hypothetical. Individuals are resident, ordinarily resident and domiciled in Malta, single and on the single table, unless stated.
Case 1: frequent trader (basis year 2026). Bought one BTC for €25,000 in January 2026 and sold it for €45,000 in March 2026, with fees of €100 in total. Over 50 trades in the year. No other income.
Case 2: long-term holder (basis year 2026). Bought 2 ETH at €1,500 each in 2021 and sold both at €3,500 each in 2026. Three trades in five years. Full-time job elsewhere; says the ETH was bought as a long-term holding.
Case 3: staking rewards on top of a salary (basis year 2026). Chargeable employment income €30,000. Staking rewards worth €1,750 at the dates received.
Case 4: non-dom and the minimum tax (basis year 2026). Ordinarily resident, not domiciled, not a long-term resident, spouse not domiciled in Malta. Income arising outside Malta of €50,000 (including lending income from a platform abroad; confirm the source), none brought into Malta. Tax on Malta income €1,200.
Case 5: trading company (accounting period to 31 December 2026). A Malta company deals in crypto. Chargeable income €100,000.
Case 6: shop accepting BTC (VAT, 2026). A VAT-registered shop sells goods priced at €1,180 including VAT and is paid in BTC worth €1,180.
Case 7: token that is a share (duty, 2026). A token representing shares in a Malta company, not property-rich, is transferred between two persons in Malta for €10,000.
| Line on a statement | Likely meaning | What to do |
|---|---|---|
| Exchange sell, "crypto sell", payout to bank (Binance, Coinbase, Kraken, Revolut) | Disposal proceeds | Match to the acquisition cost; convert to euro at the date |
| Exchange buy, "crypto buy", card purchase of crypto | Acquisition | Record cost with fees |
| Gas, network or transaction fee | Cost of the related acquisition or disposal | Add to cost or deduct from proceeds |
| Trading fee, commission | Cost of acquisition or disposal | Same |
| Mining reward, pool payout | Receipt | Income at market value when received (see "Other crypto receipts") |
| Staking reward, validator reward, "earn" interest | Receipt | Income at market value when received; head to check |
| Airdrop, token distribution | Possible income | Taxable if received for a task or service |
| Transfer, withdrawal or deposit between the client's own accounts | Not a disposal | Exclude; keep the on-chain proof |
| P2P transfer | Sale, purchase or own transfer | Ask the client which |
| Hardware wallet purchase | Equipment | Deductible (by capital allowances) only for a trading business; not for an investor |
Stop and ask when:
Refer to a Maltese warranted accountant or tax adviser when:
Never:
| What | When | Source |
|---|---|---|
| Individual return and self-assessment, 2026 income | 30 June 2027 (rule 2(c)(ii)); tax due the same day (rule 5(b)) | S.L. 372.16 |
| Company return, accounting period ending 31 December 2026 | Later of 30 September 2027 and 31 March 2027: 30 September 2027 (rule 2(c)(i)) | S.L. 372.16 |
| Provisional tax during 2026 and 2027 | Instalment dates and percentages: see malta-income-tax | P.T. Rules |
| Late tax | Interest at 0.6% a month or part of a month, capped at the tax | ITMA art. 44 |
| Late return | Additional tax: see malta-income-tax | ITMA |
| VAT returns | See malta-vat-return | VAT Act |
| Duty on a share-type token transfer | Payable on the transfer document; timing and form: check on mtca.gov.mt | Duty Act |
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