Crypto Taxes in China: Complete 2026 Guide

Crypto Taxes in China: The Complete 2026 Guide

 

Quick Summary

China has one of the strictest regulatory approaches to cryptocurrency in the world. Crypto trading, exchanges, and mining are broadly prohibited, and digital assets are not recognised as legal tender. However, from a tax perspective, income derived from crypto-related activities may still fall under existing tax laws if economic benefits are realised. Chinese tax authorities focus on income substance rather than legality, meaning undeclared gains or income—regardless of source—can be subject to taxation under the Individual Income Tax Law or Enterprise Income Tax Law.

 

How China Classifies Cryptocurrency for Tax Purposes

 

Crypto as an Illegal Virtual Asset

Cryptocurrencies are not recognised as legal tender or lawful financial products in China. Following the 2021 regulatory crackdown, crypto transactions are classified as illegal financial activities. Despite this, crypto may still be viewed as a form of virtual property when assessing income or wealth for tax purposes.

 

Key Legal Framework

China’s crypto tax treatment is derived from existing laws and policy notices, including:

• 2021 Central Government Notice on Virtual Currency Activities – declares crypto transactions illegal
• Individual Income Tax Law – governs taxation of personal income
• Enterprise Income Tax Law – applies to corporate income
• State Taxation Administration guidance – enforcement and audits

 

Taxable Crypto Events in China (Theoretical)

 

1. Selling Cryptocurrency for Fiat

Although illegal, profits generated from selling crypto—if discovered—may be treated as taxable income. Tax authorities assess whether an economic benefit was obtained, regardless of transaction legality.

 

2. Trading Crypto for Crypto

Crypto-to-crypto transactions are prohibited. However, realised gains may still be considered taxable income if they result in measurable financial benefit.

 

3. Receiving Crypto as Income

Crypto received through mining, overseas platforms, freelance work, or other digital services may be treated as taxable income if it can be valued and linked to the taxpayer.

 

4. Overseas Crypto Activity

Chinese residents earning income abroad—including through crypto—may be subject to individual income tax if income is remitted, used domestically, or otherwise traceable.

 

Crypto Tax Rates in China

 

Individual Income Tax

Crypto-related income—if assessed—is generally taxed under progressive individual income tax rates, which range from 3% to 45%, depending on income type and amount.

 

Enterprise Income Tax

Companies deriving income linked to crypto activities may be subject to enterprise income tax, typically at a standard rate of 25%.

 

No Dedicated Capital Gains Tax

China does not operate a separate capital gains tax regime for individuals. Gains are usually taxed as part of comprehensive income or business income.

 

Reporting Requirements for Crypto in China

 

Annual Income Tax Filing

Individuals are required to declare all taxable income in their annual filings. Income derived from digital sources, if identified, may fall within reporting obligations.

 

Undisclosed Income & Asset Reviews

The State Taxation Administration may investigate unexplained increases in wealth, including income derived from illegal or prohibited activities.

 

Record-Keeping Expectations

In enforcement cases, authorities may request:

• Bank and payment platform records
• Overseas transaction evidence
• Wallet or exchange histories
• Proof of income source

 

How Losses on Crypto Are Treated

 

No Recognised Loss Treatment

Because crypto activity is illegal, losses are not recognised for tax deduction purposes. Loss offsets or carryforwards are not available.

 

Special Cases: NFTs, Airdrops & DeFi

 

NFT Transactions

NFTs exist in a regulatory grey area. While digital collectibles may be tolerated in limited forms, speculative NFT trading or income generation may be treated as taxable income if economic benefit is realised.

 

Airdrops

Airdropped tokens may be viewed as incidental income if they have measurable value and are converted or used.

 

DeFi Activity

DeFi participation is prohibited. Any income identified from DeFi protocols may be treated as illegal income and taxed accordingly.

 

How to Prepare for Tax Compliance in China

 

Understanding Regulatory Risk

Crypto activity in China carries significant legal and regulatory risk. Tax compliance does not legitimise prohibited activity.

 

Income Transparency

Chinese tax enforcement focuses on unexplained income and wealth. Any significant financial inflow may attract scrutiny regardless of its source.

 

Penalties for Non-Compliance

 

Failure to declare income may result in back taxes, fines, late payment interest, and administrative or criminal penalties. Crypto-related cases may also involve financial crime enforcement.

 

Conclusion

 

China remains one of the most restrictive jurisdictions for cryptocurrency. While crypto trading and mining are banned, income derived from crypto may still be taxable under general tax laws if detected. Individuals and businesses should be aware that tax exposure exists alongside substantial legal risks.

 

References / Sources

 

• Vezgo – China Crypto Tax Guide
• Global Legal Insights – Blockchain & Crypto Regulation in China
• PRC State Council – Notice on Virtual Currency Activities
• State Taxation Administration of China