Buying, holding or swapping cryptos for one another triggers no tax: what is taxed is cashing out into legal tender, or spending crypto on goods or services. What remains is knowing what is taxable, how to calculate it, what to file and which mistakes to avoid. That is what this guide is about.
01Applicable legal texts
Here are the texts underpinning the current regime, with their official references. The links lead to Légifrance, the BOFiP and impots.gouv.fr (the French tax administration), all in French.
| Text | Purpose | Reference |
|---|---|---|
| Art. 150 VH bis, CGI | Taxation of capital gains on digital-asset disposals by individuals | Légifrance |
| Art. 150 VH ter, CGI | Supplementary provisions (special cases, NFTs) | Légifrance |
| Art. 92, CGI | Habitual digital-asset activity carried out in conditions similar to a professional's: non-commercial profits (BNC) | French Tax Code |
| Art. 1649 bis C, CGI | Obligation to declare digital-asset accounts opened, held, used or closed abroad | impots.gouv.fr |
| Art. 1736 X, CGI | Fines for an undeclared digital-asset account | French Tax Code |
| BOI-RPPM-PVBMC-30-30 | Tax administration guidance (BOFiP): calculation, taxation terms, filing obligations | BOFiP |
| PACTE Act n° 2019-486 | Created the national PSAN status, now replaced by the European one | Act of 22 May 2019 |
| Regulation (EU) 2023/1114 "MiCA" | Unified European framework for crypto-asset service providers (CASPs) | Applicable since 30/12/2024 |
| 2026 Social Security Financing Act | Higher CSG on capital income, which raises the flat tax to 31.4% | In force since 01/01/2026 |
| Act n° 2026-534 of 25 June 2026 | Stronger filing obligations and penalties (crypto-assets and trusts) | Act of 25 June 2026 |
| Form 2086 | Annex for declaring capital gains and losses on digital-asset disposals | impots.gouv.fr |
| Forms 3916 / 3916-bis | Declaration of foreign bank and digital-asset accounts | impots.gouv.fr |
Links checked in October 2026. Box numbers on Form 2042-C sometimes change from one filing campaign to the next: always check the label shown in your personal account when you file.
02How taxation works
Article 150 VH bis of the CGI (French Tax Code) treats crypto-assets as digital movable property. Tax arises on a disposal for consideration: you obtain legal tender, goods or a service in exchange for your crypto.
No tax Not taxable
- Buying crypto with euros.
- Swapping one crypto for another, with no cash balance (see the box below for stablecoins).
- Transferring crypto between your own wallets or platforms.
- Holding crypto, whatever its change in value.
Tax Taxable
- Selling crypto for euros, or another legal tender.
- Paying for a purchase with crypto, including with a crypto card.
- Swapping with a cash balance: a swap topped up with legal tender counts as a disposal.
- Receiving staking or mining rewards: taxed separately, as BNC (see below).
Technical point: crypto → stablecoin
A swap of one crypto for another with no cash balance, including into a stablecoin such as USDT or USDC, is not taxed at the time of the operation under the wording of Article 150 VH bis and current guidance: a stablecoin remains legally a digital asset. Note that this is a tax deferral, not an exemption: the unrealised gain is picked up at the next taxable disposal, through the global portfolio calculation.
This point is debated. Reforms are regularly floated, and several online guides claim, wrongly or in anticipation, that such conversions are already taxable. That is not the case under the text in force, nor according to the tax law firms consulted for this article. Reconfirm before each filing.
The €305 exemption threshold
If the total of your taxable disposals for the year does not exceed €305, you are exempt. The threshold is assessed on all disposals of the year, across all wallets and for the whole tax household, not per transaction. It applies to the amount sold, not to the gain. Keep a record of your operations anyway: in an audit, it is up to you to prove the total was not exceeded.
Which regime for which activity
| Profile | Taxation | Good to know |
|---|---|---|
| Individual, occasional | 31.4% flat tax | Progressive scale possible by option, for all of the household's digital-asset gains |
| Habitual activity | BNC, progressive scale | Plus self-employed social contributions; a much heavier regime |
| Staking, mining, airdrops | BNC when received | Often micro-BNC with a 34% allowance; then a capital gain on resale |
The rate: the flat tax rises to 31.4%
For an individual carrying out occasional transactions, the gain is subject to the flat-rate withholding tax (PFU). The rate changed on 1 January 2026: the 2026 Social Security Financing Act raised the CSG on capital income from 9.2% to 10.6%. Social charges therefore go from 17.2% to 18.6%, and the overall flat tax from 30% to 31.4% (12.8% income tax + 18.6% social charges).
Option for the progressive scale
You can opt for the progressive income tax scale, but the option then applies to all the household's digital-asset gains for the year: you cannot choose operation by operation. Since the 2026 Finance Act, this option is no longer classed as irrevocable under Article 200 A of the CGI.
The calculation: the global portfolio method
Unlike a share, the gain is not calculated line by line: neither FIFO nor LIFO. The legal formula is based on the total value of the portfolio at the time of each disposal, with a weighted-average acquisition cost recalculated at every operation.
This is much more subtle than "sale price minus purchase price", because the calculation takes in the whole history since the wallet was opened. Hence the near-universal use of a dedicated tool (Waltio, Koinly, Divly, CoinTracking…) rather than calculating by hand.
Capital losses
A loss can only be set against gains of the same kind realised in the same year. It cannot be carried forward to later years, or set against other income.
Occasional or habitual: where is the line?
If the tax administration considers your activity habitual, it falls outside Article 150 VH bis. Article 92 of the CGI targets operations carried out "in conditions similar" to a professional's: the administration looks in particular at how sophisticated the operations are (often numerous) and at the size of the gains relative to your other income. There is no official numerical threshold: it is a bundle of indicators, assessed case by case. High frequency, large volumes, leverage or time devoted to the activity are all signals.
Staking, mining, airdrops
These are not "disposals" within the meaning of Article 150 VH bis. Tokens received as rewards are taxed as BNC when received. Only when they are resold does any capital gain enter the 150 VH bis calculation.
NFTs: a moving target
An amendment examined in late 2025 proposes taking NFTs out of the scope of Article 150 VH bis, since that text only covers crypto-assets covered by MiCA, which itself excludes NFTs. The gain would then be taxed under the regime of the good or right the NFT represents. If you hold NFTs, check the text definitively applicable to the tax year before filing: the topic is not settled.
Fact-check on this summary
€305 threshold and deferral for swaps without cash balance: law and guidance. 31.4% rate: 2026 Social Security Financing Act and consistent wealth-management sources. Move of habitual activity to BNC since 1 January 2023: Article 92 of the CGI and law-firm analyses. Stablecoins: presented with its uncertainty, as some lower-quality sources claim the opposite.
03Points of caution: the mistakes that cost the most
According to tax law firms, most crypto-related reassessments do not come from deliberate fraud, but from methodological errors. Here are the most common ones.
- Calculating the gain transaction by transactionSubtracting the purchase price from the sale price, operation by operation, is legally incorrect: the law requires the global portfolio. The mistake can make you overpay, or trigger a reassessment for under-reporting.
- Forgetting Form 3916-bisFor an account held with a foreign custodian, this is one of the most cited mistakes, including among taxpayers who filled in their 2086 correctly. The fine applies even with no gain at all.
- Forgetting crypto-card paymentsPaying for groceries with a crypto card is a taxable disposal, just like a sale. The gesture "doesn't look like" a sale, hence the oversights.
- Misreading the €305 thresholdIt applies to total sales, not net gain. You can have a small gain and still be well above the threshold.
- Confusing staking/mining with capital gainsTwo regimes, two income categories: BNC when received, 150 VH bis on resale. Mixing them skews the calculation both ways.
- Omitting your lossesThey can be set against the same year's gains, provided they appear correctly on Form 2086. Forgetting them means paying more than necessary.
- Waiting to correct an errorA voluntary correction, before any audit, generally limits the penalties. If you spot an error on a past return, fix it without delay.
Remember before filing
The administration increasingly cross-checks platform and bank-flow data: inconsistencies are detected more systematically than people think. A rigorous return, even if it means asking for help, beats an approximate one.
04Example filing procedure
Here is a typical path for an individual who made taxable disposals during the year, during the following spring's filing campaign on impots.gouv.fr.
- Gather the full historyCollect the histories of all your platforms, French and foreign: purchases, sales, swaps, dates, amounts, fees. Without the history since the wallet was opened, the global portfolio calculation cannot be rebuilt.
- Calculate the overall gain or lossWith a crypto tax tool, or by hand using the legal formula. This is where errors concentrate: re-read the previous section before finalising your figures.
- Log in to the online returnIn your personal account on impots.gouv.fr, start your income tax return (campaign generally open from mid-April to early June).
- Tick the necessary annexesAt the annex declarations step, tick the one for gains and losses on digital-asset disposals (2086) and, if needed, the one for digital-asset accounts held abroad (3916-bis).
- Fill in Form 2086, disposal by disposalFor each taxable disposal: date, disposal price, total portfolio value at that moment, total acquisition cost. The annex calculates the gain or loss of each operation, then the total.
- Check the carry-over to Form 2042-COnline, the total is carried over automatically. Check the label of the box shown rather than relying on a remembered number: they sometimes change between campaigns.
- Declare foreign accounts (3916-bis)One 3916-bis per account opened, held, used or closed abroad with a custodial provider (Binance, Kraken, Coinbase…), even if inactive or closed during the year. A self-custody wallet is not concerned.
- Keep your supporting documentsExchange exports, screenshots, CSV files: keep them for several years. The limitation period can run up to 10 years for undeclared foreign assets.
Penalties for errors or omissions
| Failure | Consequence |
|---|---|
| Error corrected voluntarily | Penalties generally limited if the correction precedes any audit (late-payment interest possible) |
| Missing 2086 or omitted gains | Tax reassessment, late-payment interest and surcharges, the rate depending on the nature of the failure |
| Undeclared foreign account (3916-bis) | €750 per account, or €125 per omission or inaccuracy, capped at €10,000 per return; €1,500 and €250 if the account value exceeds €50,000 at any time in the year (Art. 1736 X, CGI) |
Fact-check on this procedure
Form 2086 is the reference annex for taxable disposals. Form 3916-bis only covers accounts opened with providers established outside France; self-custody wallets are not subject to it. The fine amounts come from Article 1736 X of the CGI, relayed by several law firms: some sources only give the base amount of €750.
05Legal platforms in France
This area has seen a major and very recent change, worth knowing before you use a platform.
- 2019 · the PSAN statusThe PACTE Act creates France's national status for digital-asset service providers, registered with the AMF (the French financial markets regulator).
- 30 December 2024 · MiCAThe EU regulation applies and creates a unified status across the Union: the crypto-asset service provider (CASP, or PSCA in French). An 18-month transition period gives PSANs time to obtain authorisation.
- 1 July 2026 · end of the transitionOnly providers holding a MiCA-compliant authorisation, issued by the AMF or by another European authority through the EU passport, can legally provide crypto-asset services in France.
In practice, players that did not obtain authorisation in time had to stop or restrict their services to French residents. Providing crypto services without authorisation is a criminal offence (up to 2 years' imprisonment and a €30,000 fine).
Before opening an account
Check the AMF's official lists: the CASP whitelists and the list of deregistered PSANs (both in French). Things have moved a lot since July 2026: a platform considered reliable a year ago may have lost its authorisation since.
06Gifting and inheriting crypto-assets
An often-overlooked point: crypto-assets are part of one's estate and follow the usual transfer rules.
- A gift or inheritance of crypto-assets is subject to gratuitous-transfer duties, after the allowances provided for the family relationship, as with any other asset.
- On a French platform, assets held at death are returned to the heirs. For a self-custody wallet, the private key or recovery phrase must be transferable, otherwise the funds are lost for good.
- If the beneficiary later resells, the acquisition price used for the capital gain depends on the value retained at the time of the transfer: have the applicable rule for your case confirmed by a notary.
Plan ahead
Unlike a bank account, nobody can access a wallet without the private key. Documenting its existence and access, securely, with a notary or a trusted person, is part of sound estate planning.
07Risk prevention
The European supervisory authorities (banking, markets, insurance) have issued a joint warning about how risky and speculative crypto-assets are.
- Extreme volatility: prices can move by tens of percent within hours. Only invest what you can afford to lose.
- No guarantee: unlike a bank account (guaranteed up to €100,000 by the deposit guarantee fund), no scheme covers crypto held on a platform.
- Unregulated or fraudulent platforms: guaranteed returns, unrealistic performance and pressure to invest fast are classic scam signals. Check CASP status before any deposit.
- Technical risk: if you hold your own private keys, losing them means losing your funds irreversibly. There is no "forgot password".
- Phishing and social engineering: fake sites, fake support, fake airdrops. Never share your recovery phrase.
- Leverage: it amplifies gains and losses, sometimes beyond the capital invested.
Before investing, also read the AMF's leaflet "Investing in crypto-assets" (in French).
Risk warning
Crypto is a highly volatile asset: its value can drop sharply and quickly, up to the total loss of the capital invested. Only invest what you can afford to lose, do your own research and, if in any doubt, consult a professional. Nothing in this article is investment advice.
08What to do depending on your situation
| Your situation | What to do |
|---|---|
| I only swapped crypto ↔ crypto | No gain to declare at this stage (deferral). Keep the history; declare foreign accounts if needed. |
| My sales in euros are under €305 for the year | Exempt. Keep the records; Form 3916-bis is still due for a foreign account. |
| My sales in euros exceed €305 | Form 2086, then carry over to 2042-C; 31.4% flat tax, or progressive scale by option. |
| I have an account with a foreign provider | One 3916-bis per account, whatever your gains. |
| I earn staking or mining rewards | BNC income when received; any gain on resale. |
| I trade very often, with leverage | Risk of leaving the individual regime: get advice from a chartered accountant or tax lawyer. |
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This article is for information only and is not tax, legal or investment advice. Rates, thresholds, forms and rules change: check the texts in force on Légifrance and impots.gouv.fr before filing, and consult a chartered accountant or tax lawyer for your personal situation. It applies to French tax residents.
Sources
Official texts and sites (in French)
- Légifrance — Article 150 VH bis of the CGI (version of 1 July 2026) — accessed October 2026
- Légifrance — digital assets, Articles 150 VH bis to 150 VH ter — accessed October 2026
- BOFiP — BOI-RPPM-PVBMC-30-30, occasional disposals of digital assets — accessed October 2026
- impots.gouv.fr — Form 2086 — accessed October 2026
- impots.gouv.fr — Forms 3916 and 3916-bis — accessed October 2026
- impots.gouv.fr — how to declare digital-asset accounts held abroad — accessed October 2026
- Service-public.gouv.fr — accounts opened, used or closed abroad — accessed October 2026
- French Senate — amendment on the scope of Article 150 VH bis (NFTs), 2025-2026 — accessed October 2026
- AMF — whitelists (CASPs) — accessed October 2026
- AMF — list of deregistered PSANs — accessed October 2026
- AMF — end of the MiCA transition period on 1 July 2026 — accessed October 2026
- AMF — joint EBA, ESMA and EIOPA warning on the risks of crypto-assets — accessed October 2026
- AMF — "Investing in crypto-assets (bitcoin, etc.)" — accessed October 2026
Practitioner analyses (in French)
- Maître Hassan Kohen — filing obligations for crypto-assets (Act n° 2026-534 of 25 June 2026) — accessed October 2026
- Finance to the Top — Article 150 VH bis and Form 2086 (June 2026) — accessed October 2026
- Finalib — 2026 social charges at 18.6% (CSG 10.6%) — accessed October 2026
- LCL Private Banking — final adoption of the Social Security budget — accessed October 2026
- KPMG Avocats — taxation of crypto-assets (Article 92 CGI, BNC from 2023) — accessed October 2026
- CMS Francis Lefebvre — crypto-assets, towards harmonised taxation — accessed October 2026
- AGN Avocats — declaring digital-asset accounts and penalties — accessed October 2026
- Actu-Juridique — tax return: don't omit your cryptos any more — accessed October 2026
- Village de la Justice — declaring digital-asset gains in 2026: common mistakes — accessed October 2026
- NBE Avocats — what to do after a tax reassessment on digital assets — accessed October 2026
- Waltio — help centre, Form 3916-bis — accessed October 2026