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Legal & safety · Tax

Crypto tax in the Philippines: what applies when the BIR is silent

There is no BIR regulation written for crypto. General income tax rules still reach your gains, and reporting between tax authorities starts by 2028. Here is how the rules are commonly applied, and what to keep on file.

Updated September 28, 2026 10 min read BSP & SEC status checked
Row of coins on a white background Checked Sep 2026
Quick factsPH
Crypto-specific BIR rule
None found
Graduated income tax
0% to 35%
"15% crypto CGT"
Myth
CARF data exchange
By 2028
Open account

Registered with FinCEN (US) and the Bank of Spain · since 2013

Crypto tax in the Philippines works through the general Tax Code, because the BIR has not issued a regulation written for crypto. Gains you realise when you sell, swap or spend crypto can be taxable income, and crypto you receive as pay is income on the day you get it. Rates depend on whether you trade as a business or hold casually.

That is the short, honest answer. The longer one is below: what the law actually says, how practitioners usually apply it, three worked scenarios, the records that will save you later, and the changes that are coming. We are not tax advisers and this is not tax advice. Where the rules are unsettled, we say so.

Does the BIR tax crypto? What the law says

We looked for a BIR revenue regulation, revenue memorandum circular or ruling dedicated to crypto and found none as of September 2026. There is also no crypto-tax bill number we could verify in Congress. The BIR's official website has no crypto section. So the answer to "is crypto taxable in the Philippines" rests on general principles of the National Internal Revenue Code.

Two provisions carry most of the weight. Section 32(A) defines gross income as "all income derived from whatever source". Nothing in that phrase excludes crypto. Section 23 sets out who is taxed on what: a resident citizen is taxable on income from sources within and outside the Philippines, while a nonresident citizen, including a citizen working abroad as an overseas contract worker, is taxable only on income from Philippine sources.

From there, most Philippine tax practitioners reach the same working view: crypto gains are income, and they are usually taxed as ordinary income at the graduated rates. That is a consensus, not a BIR ruling. Nobody can tell you with certainty how the BIR will classify your specific activity until it issues guidance or rules on a case.

The graduated rates and the 8% option

Since 1 January 2023, under the TRAIN Law (RA 10963), individual income up to ₱250,000 a year is taxed at 0%. Above that the rate climbs in steps: 15% of the excess over ₱250,000, then 20% from ₱400,000, 25% from ₱800,000, 30% from ₱2 million and 35% on income over ₱8 million. These brackets apply to your total taxable income, so a crypto gain stacks on top of your salary or business income.

Self-employed individuals and professionals whose gross sales or receipts stay below the ₱3 million VAT threshold can instead elect a flat 8% on gross sales or receipts above ₱250,000. That option matters for freelancers and for anyone whose crypto activity looks like a business.

The “15% crypto capital gains tax” is a myth

You will see it on many websites. The Tax Code’s final capital gains taxes apply to specific assets: 15% on net gains from shares not traded on the stock exchange, and 6% on certain real property. Crypto is not one of them. For other capital assets held by individuals, Section 39 of the Tax Code counts 100% of a gain if the asset was held 12 months or less and 50% if held longer, and capital losses offset only capital gains. Whether the BIR accepts that capital-asset treatment for a casual crypto holder has not been confirmed in any issuance.

Trader, holder or freelancer: why the label matters

The same ₱100,000 gain can be treated differently depending on what you are. A person who trades frequently, runs bots, provides liquidity or sells crypto to others looks like someone engaged in business, and business income is reported with deductions or under the 8% option. A person who buys a few times a year and sells after a long hold looks like a casual investor, whose crypto is more arguably a capital asset. A person paid in crypto for work earns income from services, and the coin is simply the currency of payment.

None of these categories is defined for crypto by the BIR. The examples below show how the general rules are usually applied, with round, illustrative numbers.

The long-term holder

Buys ₱50,000 of BTC on Coins.ph in 2024, sells it for ₱80,000 in 2026 and cashes out to a bank. The ₱30,000 gain is realised on the sale date. Most practitioners would add it to taxable income; a capital-asset reading could count only half, because it was held over 12 months.

Gain₱30,000
Taxable momentThe sale
CertaintyLow
Most exposed

The active trader

Trades most days, dozens of swaps a week, with ₱400,000 of net profit over the year. This looks like a business: register with the BIR, keep books, and pay graduated rates on net income or elect 8% on gross receipts if eligible.

Likely treatmentBusiness income
RecordsEvery trade
Get adviceYes

The freelancer paid in USDT

Receives 500 USDT for a design project. At an illustrative ₱56 per USDT, that is ₱28,000 of income on the day it arrives. Selling the USDT later for more or fewer pesos creates a separate small gain or loss.

IncomePeso value on receipt
RegimeGraduated or 8%
TipLog the rate daily

For OFWs, the Section 23 rule helps with salary: pay earned abroad is not taxed in the Philippines. Crypto is murkier. If you buy and sell through a Philippine exchange while living abroad, whether the gain is Philippine-source income has not been settled. If you only move USDT home and convert it to pesos, you are converting money you already earned; the conversion itself creates at most a small gain or loss between the day you received the USDT and the day you sold it. Our guide to buying and selling USDT in the Philippines covers the practical side.

What counts as a taxable event

Illustration of a businessman climbing a rising chart toward a Bitcoin coin
Gains count when you realise them, not when the chart goes up.

Buying crypto with pesos is not income. Watching it rise is not income either; an unrealised gain has not been "derived" yet. The events that commonly trigger tax are these: selling crypto for pesos, including cashing out to GCash or a bank; swapping one coin for another, which is a disposal of the first coin at its peso value; spending crypto on goods or services; and receiving crypto as salary, fees, staking or lending rewards, airdrops tied to activity, or play-to-earn earnings.

Transfers between your own wallets and accounts are not sales, but they are exactly what confuses a reviewer later if they are not recorded. Losses matter too. If you sell at a loss, record it; depending on how your activity is classified, a loss may reduce other gains. When you are ready to convert, our guide to selling crypto for cash in the Philippines explains the routes that leave a clean paper trail.

What records to keep

Without a BIR crypto form, your records are your defence. The good news is that licensed apps make most of this easy to export. The bad news is that P2P trades and self-custody wallets do not, so you have to log those yourself. Fees count too: the spread you pay on a “zero-fee” app is a real cost, and our guide to crypto fees and spreads shows how to see it.

Crypto tax records to keep
RecordWhy it mattersWhere to get it
Every buy, sell and swapShows cost and proceeds per tradeExchange transaction export
Peso value on each dateIncome and gains are measured in pesosExchange history or a daily rate log
Fees paidReduce your gain or count as a business expenseTrade confirmations
Wallet addresses and transaction IDsProve transfers were between your own walletsWallet app, block explorer
P2P counterparties and receiptsExplain bank and GCash creditsScreenshots, chat, bank statements
Invoices for crypto paymentsShow income from servicesYour invoicing tool or email

Keep these for years, not months, and back them up outside the exchange. If an offshore platform is blocked, as happened to several in 2025 and 2026, you may lose access to its history overnight. That is one more reason to run your peso cash-in and cash-out through a platform on the list of licensed crypto exchanges. Bank transfers and e-wallet credits that you cannot explain are also what triggers questions from your bank under anti-money-laundering rules, a topic covered in our guide to crypto regulations in the Philippines.

VAT on digital services and other taxes

Since RA 12023 took effect on 18 October 2024, digital services consumed in the Philippines are subject to 12% VAT, including those supplied by nonresident digital service providers, which became liable from 2 June 2025 under Revenue Regulations No. 3-2025. Whether an offshore exchange's trading fees count as a "digital service" has not been addressed in anything we reviewed. It is plausible under the "online platform" category, but not confirmed.

The Capital Markets Efficiency Promotion Act (RA 12214), effective 1 July 2025, cut the stock transaction tax and unified passive income tax rates. The summaries we reviewed contain no crypto provision, though we did not verify that against the full statute text.

CARF: what changes with global crypto reporting

The biggest coming change is about information, not rates. In June 2025 the Department of Finance announced that the Philippines would implement the OECD Crypto-Asset Reporting Framework, with first exchanges of information by 2028. The commitment was signed by DOF Undersecretary Charlito Martin R. Mendoza at the 8th Asia Initiative meeting in Malé. Under CARF, crypto service providers collect information on their customers' transactions and tax authorities swap it across borders.

In plain terms, holding crypto on a foreign exchange will stop being invisible to the BIR. A BIR crypto regulation, a dedicated form or a specific rate could follow; none has been published yet. Until then, the safest approach is boring: keep records, report income you are sure about, and ask a Philippine tax professional (a CPA or tax lawyer) about anything large or unusual, such as heavy trading, mining, staking income or a business paid in crypto.

Not tax advice

This page explains how general Philippine tax rules are commonly applied to crypto. It does not replace advice on your situation. Tax treatment depends on facts such as frequency of trading, residency and how you were paid, and the BIR has not ruled on crypto specifically.

If you are still choosing where to buy, start with our comparison of the best crypto exchanges in the Philippines, and before you pay anyone promising "tax-free crypto income", read our guide to crypto scams.

Frequently asked questions

Is crypto taxable in the Philippines?

Gains from crypto can be taxable, even though the BIR has not issued a crypto-specific regulation. The Tax Code defines gross income as all income from whatever source, so profits from selling, swapping or earning crypto fall under the general income tax rules. How a gain is taxed depends on whether you trade as a business or hold casually.

Is there a 15% capital gains tax on crypto in the Philippines?

No. That figure is a common myth. The Tax Code’s final capital gains taxes apply to specific assets: 15% on net gains from shares not traded on the stock exchange and 6% on certain real property. Crypto is not on that list. Gains are more commonly treated as ordinary income taxed at graduated rates of 0% to 35%, though no BIR ruling confirms the exact treatment.

Do I pay tax on crypto if I don’t cash out?

Simply buying and holding crypto does not create income, because nothing has been realised yet. The taxable moment is generally when you dispose of it: selling for pesos, swapping for another coin, or spending it. Receiving crypto as payment or as rewards is different, because that is income when you receive it. Keep the peso value on each date.

How are freelancers paid in USDT taxed in the Philippines?

A freelancer paid in USDT is still earning income from services. The currency does not change that. Self-employed individuals register with the BIR and pay graduated rates, or can opt for 8% on gross receipts above ₱250,000 if their receipts stay under the ₱3 million VAT threshold. Record the peso value of each USDT payment on the day you receive it.

Do OFWs pay tax on crypto in the Philippines?

Under the Tax Code, a citizen working abroad as an overseas contract worker is taxed only on income from Philippine sources, so a salary earned abroad is not taxed here. Whether a crypto gain made through a Philippine exchange counts as Philippine-source income has not been settled by the BIR. If your amounts are large, ask a tax professional before you file.

Will the BIR know about my crypto?

Increasingly, yes. The Philippines committed in June 2025 to the OECD Crypto-Asset Reporting Framework, with first exchanges of information by 2028. Licensed local exchanges already verify your identity and report large and suspicious transactions under anti-money-laundering rules. Assume your activity will be visible and keep records that explain it.