Crypto Taxation in France (2026):
Applicable Regimes, Filing Requirements and Reporting Obligations
Last update of this article: April 14, 2026
Are you tax-resident in France and sold crypto assets in 2025, or are you planning to do so in 2026? Before you file, it is worth knowing which tax regime applies to your situation: occasional private investor, active trader, or activity treated as professional trading under French tax law.
This article also covers how taxable gains are calculated and the reporting obligations that apply regardless of whether you made a profit. Technical analysis for those who need to understand their own position.
1. Which tax regime applies to an individual's crypto gains
1.1 The "private wealth" regime (CGI, art. 150 VH bis)
Article 150 VH bis covers capital gains realised by an individual upon the disposal for consideration of digital assets, where that individual acts in a non-professional capacity (private wealth management). (CGI, art. 150 VH bis)
What counts as a taxable disposal in practice?
A taxable event occurs in particular when you “exit” your crypto position: by converting into legal tender (e.g. EUR).
1.2 The small disposals exemption (€305 threshold)
You are exempt when the total disposal proceeds for the year do not exceed €305 (excluding transactions that benefit from the deferral regime, typically crypto-to-crypto swaps with no cash consideration).
2. Flat tax at 31.4% in 2026 or option for progressive taxation
2.1 The flat tax (the most common rule)
Capital gains falling within the scope of Article 150 VH bis are taxed as follows:
- at 12.8% as income tax (CGI, art. 200 A),
- plus 18.6% in social levies from 1 January 2026,
giving a combined rate of 31.4%. (Service Public Entreprendre)
2.2 The option for progressive taxation
It is possible to opt for the progressive income tax instead (social levies remain due in either case). (BOFiP – BOI-RPPM-PVBMC-30)
2026 update — end of the “irrevocable” nature of the option: from the taxation of 2026 income onwards, the option is no longer described as “irrevocable” under Article 200 A of the CGI, following an amendment introduced by the French Finance Act 2026. (CGI, art. 200 A ; Loi n° 2026-103 du 19 février 2026 (LF 2026)) (Légifrance)
Key technical points:
- the option is express, exercised in the income tax return;
it is global, covering all digital asset capital gains of the household for the year (you cannot choose on a transaction by transaction basis). (BOFiP – BOI-RPPM-PVBMC-30)
Flat tax or progressive rate: do you know which one actually works in your favour?
The answer depends on your marginal tax rate and the overall composition of your income. We can run a simulation for your specific situation.
CONTACT US3. Calculating the taxable gain and treatment of losses
3.1 The “global gain” principle
The taxable gain is not calculated as a simple “sale price minus purchase price” per transaction. French law applies a global gain logic, using a formula that spreads the acquisition cost across each disposal in proportion to the overall portfolio value. (CGI, art. 150 VH bis)
The formula (in simplified terms) is:
- Gain = Disposal proceeds – [Total acquisition cost × (Disposal proceeds / Total portfolio value)] (CGI, art. 150 VH bis)
Practical consequence: at the date of each taxable disposal, you must be able to document both the total portfolio value and the total acquisition cost as defined under the statute. (BOFiP – BOI-RPPM-PVBMC-30-10)
3.2 Losses
Losses for the year can only be offset against gains of the same nature in the same year. They cannot be carried forward to subsequent years. (BOFiP – BOI-RPPM-PVBMC-30-10)
4. Tax deferral on crypto-to-crypto swaps
Swaps of digital assets with no cash consideration (e.g. BTC to ETH, with no additional payment) benefit from a tax deferral: the transaction is treated as an intermediate step and taxation is deferred until a subsequent taxable disposal occurs (conversion to fiat currency or purchase of goods or services). (BOFiP – BOI-RPPM-PVBMC-30-10)
From a filing perspective, the French tax authority confirms that these swaps with no cash consideration do not need to be reported in the Form 2086 annex. (BOFiP – BOI-RPPM-PVBMC-30-30)
Do you know exactly when a tax liability arises on your crypto activity?
Between the global gain formula, the no-carryforward rule on losses, and the deferral regime on swaps, the line between a neutral transaction and a taxable event is not always obvious. We can assess your position.
CONTACT US5. When Article 150 VH bis no longer applies
(occasional investor vs “professional-like conditions” vs professional activity)
The classification depends on the facts of each case. The French tax authority’s administrative doctrine distinguishes in particular: (BOFiP – BOI-RPPM-PVBMC-30)
- Private wealth management (occasional investor): Article 150 VH bis applies (regime described above). (CGI, art. 150 VH bis)
- Buy-and-sell activity carried out on a habitual basis and as a profession: income taxed as BIC (commercial activity by nature). (BOFiP – BOI-RPPM-PVBMC-30)
- Transactions carried out under conditions similar to those of a professional (without necessarily constituting the main professional activity): taxed as BNC under Article 92 (2-1° bis). (CGI, art. 92)
- Mining: the administrative doctrine classifies mining income as BNC (with specific rules on how the taxable result is determined). (BOFiP – BOI-RPPM-PVBMC-30)
If the activity is reclassified as BIC or BNC: flat-rate or actual regime?
- BIC flat-rate (micro-BIC): taxable profit determined by a standard allowance on turnover: 71% (buy-and-sell activities) or 50% (services), with a minimum of €305. (CGI, art. 50-0)
- BIC actual (simplified or standard): profit = revenue minus expenses, with filing of a BIC tax return. (Formulaire 2031-SD – impots.gouv)
- BNC flat-rate (micro-BNC): taxable profit determined by a standard allowance on receipts: 34%, with a minimum of €305. (CGI, art. 102 ter)
- BNC actual (controlled return): profit = receipts minus expenses, with filing of a BNC tax return. (Formulaire 2035-SD – impots.gouv)
In practice, if your activity is moving towards a quasi-professional or professional logic — in terms of volume, frequency, sophistication, use of specialised tools or structured organisation — it is advisable to clarify your classification early, as the filing regime and the method for determining taxable income will no longer be those of Article 150 VH bis. (BOFiP – BOI-RPPM-PVBMC-30)
Is your crypto activity still "occasional" under French tax law?
Volume, frequency, tools, organisation: the threshold between the occasional investor regime and a BIC or BNC reclassification is not defined by a single figure. It depends on a combination of facts. We can assess where you stand.
CONTACT US6. Annual reporting of crypto capital gains (forms and boxes)
For occasional disposals falling within Article 150 VH bis, the filing process works as follows in practice:
- Form 2086 annex: you report the total gain or loss and the detail of each transaction (online, via the “Déclarations annexes” section). (Formulaire 2086 – impots.gouv ; BOFiP – BOI-RPPM-PVBMC-30-30)
- Carry-over to the main return:
- box 3AN (gain) or 3BN (loss) on the income tax return (Form 2042 C in paper format). (Impots.gouv – FAQ “Comment déclarer…”)
Specific case: where a disposal is made through an intermediary, the filing logic may result in reporting only the share corresponding to your own rights, based on information provided on a separate annex (Form 2087) by that intermediary.
Reclassification risk, forms, boxes: are you confident nothing has been missed?
Between verifying which regime applies to your situation and correctly completing the relevant filing annexes, the margin for error is real. We can review your position before you file.
CONTACT US7. Annual obligation to declare foreign crypto accounts and wallets
7.1 The principle
Taxpayers domiciled or established in France must declare, every year, at the same time as their income tax return, any digital asset accounts held abroad (exchanges, custodians, etc.). (CGI, art. 1649 bis C ; Impots.gouv – “Modalités de déclaration…”)
7.2 The form
The declaration is made via Form 3916-3916 bis, as an annex to the income tax return (or to the result return for certain entities). (Formulaire 3916/3916 bis – impots.gouv)
7.3 Main penalties for non-compliance
Failure to comply with the foreign digital asset account reporting obligation may result in:
- €750 per undeclared account,
- €125 per omission or inaccuracy,
capped at €10,000 per return. (CGI, art. 1736 ; CGI, art. 1649 bis C)
Key takeaways
- For an individual acting in the context of private wealth management, crypto gains fall in principle under the digital asset capital gains regime (CGI, art. 150 VH bis). (CGI, art. 150 VH bis)
- 2026 update: the standard flat tax rate is 31.4% (12.8% income tax plus 18.6% social levies) where the flat tax applies. (Service Public Entreprendre)
- 2026 update: the option for progressive taxation is no longer described as irrevocable (CGI, art. 200 A as amended by the Finance Act 2026). (Légifrance)
- Where the occasional regime no longer applies, the flat-rate regimes provide a standard allowance: micro-BIC 71% / 50% (depending on the activity) and micro-BNC 34% (minimum €305 in both cases). (CGI, art. 50-0 ; CGI, art. 102 ter)
- Crypto-to-crypto swaps with no cash consideration benefit from a tax deferral (no immediate tax and, in practice, no reporting obligation under Form 2086 annex for those transactions). (BOFiP – BOI-RPPM-PVBMC-30-30)
- Digital asset accounts and wallets held abroad must be declared every year via Form 3916-3916 bis. (CGI, art. 1649 bis C ; Formulaire 3916/3916 bis – impots.gouv)
- Important: reporting your capital gains (Forms 2086/2042) and declaring your foreign accounts (Form 3916-3916 bis) are two separate obligations. (Formulaire 2086 – impots.gouv ; Formulaire 3916/3916 bis – impots.gouv)
Your situation deserves a personalised analysis.
Occasional investor, active trader, professional-like activity: the applicable regime is not always the one you would expect. You may get in touch with us to clarify your position.
CONTACT USF.A.Q.
No. Swaps of digital assets with no cash consideration — for example Bitcoin for Ethereum — benefit from a tax deferral under French law. Taxation is deferred until a subsequent taxable disposal occurs, meaning a conversion to euros or a purchase of goods or services.
For an individual acting in the context of private wealth management, the combined rate is 31.4%: 12.8% income tax and 18.6% social levies, under Article 150 VH bis of the CGI. An option to apply the progressive income tax remains available.
Yes. The obligation to declare digital asset accounts held abroad via Form 3916-3916 bis is entirely independent of any capital gain. It applies every year, including when no taxable disposal has taken place.
Yes. The relevant criterion is not nationality but tax residency. The rules described in this article apply to anyone who is tax-resident in France, regardless of their citizenship or the platform they use.
Any foreign national living and working in France is subject to French crypto tax law in exactly the same way as a French citizen. If you are unsure about your tax residency status or manage a cross-border situation, it is worth clarifying your position before you file.
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The opinion expressed in this article is for informational purposes only.
This article does not constitute legal advice.
In addition, it is important to remind that each client’s tax issue is different because each client’s personal situation is different.
Should you have a similar tax issue, please contact us for an initial discussion of your case.