Is Lowering Your Crypto Tax Burden in Subsequent Years Possible in Poland?

March 17, 2026

Poland's crypto tax regime is, in many respects, relatively straightforward. The country does not offer a standard deduction or a long-term holding exemption that lets investors dispose of assets tax-free after a set period. What it does require is a flat 19% capital gains tax on any profit made when exchanging cryptocurrency for fiat currency or goods and services.

For that reason, both experienced traders and newcomers need to understand how to manage their tax position effectively. Critically, everyone must file a return — even those who reported a net loss for the year. But filing after a loss year is well worth it: Poland allows losses to be carried forward indefinitely and applied against gains in future tax years.

💵 Tax

In This Article

In This Article link

Capital Gains Tax Rate

19%

Flat rate on net crypto profits, reported on PIT-38

Loss Carryforward

Indefinite

Losses carry forward with no time limit, applied in order incurred

Filing Requirement

Always

Even in a loss year — required to unlock future offset rights

Form

PIT-38

Step-by-step filing guide →

How to Calculate KAS Crypto Gains

Whether you have made a profit is determined by the difference between the disposal value of the cryptocurrency and its acquisition cost. Under KAS rules, the acquisition cost includes the purchase price and any directly related transaction fees. General investment expenses — such as electricity costs or subscription software — cannot reduce your taxable gain.

Disposal value Amount received from sale

− Acquisition cost Purchase price + direct transaction fees

= Taxable gain / loss × 19% if positive

It is essential to keep detailed records of every acquisition and disposal, including dates, amounts, purchase prices, and fees paid. Proper documentation ensures that losses can be substantiated and carried forward to offset gains in later returns.

KAS Crypto Loss Offsetting

One of the key advantages of the Polish system is the ability to offset crypto losses against gains from other cryptocurrency disposals, reducing your overall tax liability. Because the 19% rate applies to net profits, applying carried-forward losses directly reduces the amount subject to tax.

Important restriction: Crypto losses can only be offset against gains from cryptocurrency disposals. They cannot be used to reduce other categories of income, such as employment or business earnings. Offsets are strictly limited to capital gains reported on PIT-38.

Losses from previous years can be carried forward indefinitely, provided they were properly declared in prior PIT-38 filings. For example, if a trader records a loss of 10,000 PLN in 2024 and reports it correctly, that loss can be applied to reduce taxable gains in any subsequent year until it is fully utilized. This mechanism is particularly valuable for long-term portfolio management, smoothing out tax obligations during volatile periods.

Partial Disposals

Partial disposals add complexity to loss calculations. If a trader sells part of a holding at a gain while the remainder is at an unrealized loss, only the cost basis allocated to the disposed portion is relevant for calculating the taxable result.

Poland uses a proportional allocation method: gains and losses are spread across all holdings based on their respective cost bases. This makes accurate cost basis tracking for every acquisition essential.

Example: An investor buys 3 BTC at varying prices and sells 1 BTC at a profit. Only the cost basis allocated to that 1 BTC is used to calculate the taxable gain. The unrealized losses on the remaining 2 BTC cannot be applied until those coins are actually disposed of.

Losses that are not claimed in the year they arise can still be carried forward, provided they are properly declared. Strategically pairing profitable disposals with loss realizations — for instance, selling a losing asset in the same tax year as a winning one — can significantly reduce the net gain subject to the 19% rate.

Additional Rules for Loss Carryforward

01 Losses may only be applied against gains from cryptocurrency disposals — not employment, business, or other income categories.

02 Losses are carried forward indefinitely until fully utilized, but must be applied in the order they were incurred — 2023 losses before 2024 losses, and so on.

03 When calculating the deductible amount for a given year, subtract the carried-forward losses from the current-year net gains before applying the 19% rate.

04 Partial utilization is permitted. If current-year gains are smaller than the carried-forward losses, only enough losses are applied to bring the net gain to zero — the remainder continues to carry forward.

Balancing Crypto Risk with Crowdlending

For investors seeking more predictable returns to complement volatile crypto positions, crowdlending offers a practical alternative. Unlike cryptocurrency, where gains and losses fluctuate with market conditions, income from crowdlending is structured and comes with straightforward reporting requirements.

8lends — RWA-Backed Lending

Structured returns alongside your crypto portfolio

8lends allows you to invest in loans to vetted borrowers, spreading risk across multiple participants with predictable, asset-backed income. Incorporating 8lends into your strategy not only diversifies your portfolio but also simplifies returns planning — making it easier to manage your overall PIT-38 position and plan around loss carryforwards.

How RWA-backed loans work at 8lends →

Note that under Polish law, you will not owe cryptocurrency tax on an asset simply for holding it — tax is only triggered on disposal, when the coin is exchanged for fiat or goods. This applies equally to crowdlending returns, which follow their own reporting treatment. Understanding both positions clearly makes planning significantly easier.

Timing Strategies

The timing of disposals can make a material difference to your annual tax position. A few approaches worth considering:

Review your portfolio before December 31. If certain holdings are in a loss position, selling them before year-end allows you to recognize those losses in the current tax year — which can then be carried forward to offset gains in future years. This is especially useful if you anticipate significant gains in the near term.
Consider partial disposals carefully. Selling only a portion of a holding at a loss allows you to lock in a deductible loss while maintaining exposure to potential market recovery on the remainder.
Strategically pair gains and losses. If you hold multiple assets, consider realizing a gain on one while simultaneously disposing of another at a loss in the same tax year — reducing your net taxable position.

Common KAS Cryptocurrency Mistakes

The following errors are the most frequent causes of unnecessary tax liability and compliance problems when carrying forward losses in Poland:

⚠ Misreporting cost bases

Entering incorrect purchase prices, omitting transaction fees, or mishandling partial disposal calculations distorts the taxable gain. Since the 19% rate applies to net profit, errors in the cost basis can result in overpaying tax — or incorrectly claiming losses that inflate future offsets.

⚠ Forgetting to deduct allowable fees

Only direct costs — platform commissions and transaction fees — are deductible. Omitting these reduces the losses you can legitimately claim. Conversely, attempting to deduct indirect expenses such as mining hardware, electricity, or general software will attract scrutiny from the KAS.

⚠ Incorrect or incomplete declarations

Underreporting gains, overstating losses, or submitting PIT-38 forms with missing fields can result in penalties, additional tax assessments, accrued interest, or in serious cases, criminal proceedings. Accuracy and completeness are non-negotiable.

⚠ Failing to keep thorough records

Without detailed, organized records of every acquisition, disposal, and associated fee, it becomes very difficult to substantiate losses or prove your cost basis to the KAS during an audit. Good record-keeping is the foundation of every strategy described in this article.

Remember: Even in a year when you recorded only losses, you must still file a PIT-38 return. Failing to do so means those losses cannot be carried forward — forfeiting a benefit you are legally entitled to. For a full comparison of how Poland's rules compare to other EU countries, see Poland vs. EU: How Crypto Tax Rules Compare.

Conclusion

Effectively managing crypto losses in Poland can make a significant difference to your overall tax liability. By carefully documenting every acquisition, disposal, and associated fee — and by properly reporting losses on your PIT-38 — you secure the right to carry those losses forward and offset future gains, potentially for many years.

For investors looking to balance high-risk crypto positions with more predictable income, crowdlending is a practical complement. Platforms like 8lends offer structured, asset-backed returns with clear reporting requirements — making it easier to plan your overall tax position and reduce reliance on the volatility of crypto markets alone.