Crypto Tax Legislation & Law in Sweden

CMS Expert Guide on Taxation of Crypto-Assets

  1. 1. Is there a specific legislation issued for the taxation of crypto-assets or do general national tax law principles apply because the tax legislator has not regulated this so far?
  2. 2. How is the exchange of crypto-assets for a conventional FIAT currency (e.g. USD, EUR, GBP etc.) taxed?
  3. 3. Is taxation on the exchange of crypto-assets for goods/services or for other crypto-assets (e.g. BTC to ETH) the same as for conventional FIAT currency (e.g. USD, EUR, GBP etc.)?
  4. 4. When do transactions with crypto-assets performed by individuals start to qualify as a professional activity and what is the tax regime in such case?
  5. 5. Is it possible to offset losses made on: a) crypto-assets on gains of crypto-assets; b) other income from other activities with crypto-assets; c) another category?
  6. 6. What is the time frame to offset losses?
  7. 7. Are Non-Fungible Tokens (NFTs) treated the same way as crypto-assets? If not, please describe the differences.
  8. 8. How is mining taxed?
  9. 9. How is staking taxed? Are there differences in the taxation of the validator and the delegator?
  10. 10. Are there any other events/models for individuals earning income from activities with crypto-assets that might trigger tax (e.g. farming, futures, lending, liquidity pools, airdrops, hard forks, self-employment income, employment income, in crypto-assets funds etc.). If yes, how are these events/models taxed?
  11. 11. Are there any national tax law-specific monitoring, documentation and declaration requirements? If yes, what are the requirements?
  12. 12. Are there any other specialities regarding the taxation of crypto-assets (with the exception of VAT)?

1. Is there a specific legislation issued for the taxation of crypto-assets or do general national tax law principles apply because the tax legislator has not regulated this so far?

In the absence of legislation specifically addressing crypto-assets, the taxation of such assets falls under general national tax law principles. Income deriving from casual trading of crypto-assets is typically subject to capital taxation with a flat tax rate of 30%.

2. How is the exchange of crypto-assets for a conventional FIAT currency (e.g. USD, EUR, GBP etc.) taxed?

Capital gains or losses from the conversion of crypto-assets into FIAT currencies are considered miscellaneous gains. Such conversions are treated as the sale of movable assets, with capital gains fully taxable and losses offsettable against other capital gains. Losses are offsettable up to 70%. However, this is contingent on the conversion not being part of the furtherance of a professional trading activity. Please see Q4 for more details.

3. Is taxation on the exchange of crypto-assets for goods/services or for other crypto-assets (e.g. BTC to ETH) the same as for conventional FIAT currency (e.g. USD, EUR, GBP etc.)?

Yes, the tax principles applied to such exchanges are consistent with those for FIAT currencies.

4. When do transactions with crypto-assets performed by individuals start to qualify as a professional activity and what is the tax regime in such case?

The determination of whether transactions qualify as a professional activity depends on a case-by-case evaluation. Factors that may affect this decision include the transaction volume, frequency, diversity of platforms used, and whether the transactions are marketed to external parties. The tax rate for professional activity is between 30-50%. Please note that social contributions are levied on such income as well. 

5. Is it possible to offset losses made on: a) crypto-assets on gains of crypto-assets; b) other income from other activities with crypto-assets; c) another category?

  1. Yes, losses from casual trading of crypto-assets can be offset against capital gains (from both crypto-assets and other movable assets) up to 70%.
  2. Yes, but this requires individual assessment since the deduction allowance may differ based on whether the income is viewed as professional income or capital income.
  3. Typically, losses can be offset against capital gains up to 70%.

6. What is the time frame to offset losses?

Losses must be offset within the tax year they are incurred. They cannot be carried forward, nor can they offset capital gains from previous years.

7. Are Non-Fungible Tokens (NFTs) treated the same way as crypto-assets? If not, please describe the differences.

Being a type of movable intangible asset, NFTs are subject to similar tax regulations as crypto-assets.

8. How is mining taxed?

The tax treatment of income from cryptocurrency mining depends on whether the mining is classified as a hobby or a professional activity. If it is an enterprise that is conducted frequently with the intention of profit generation, it is generally considered business income. The income tax rate for business income varies between roughly 30-50%. Additional social contributions may also be applicable.

9. How is staking taxed? Are there differences in the taxation of the validator and the delegator?

Income generated from staking is generally classified as capital income. As of now, there doesn’t seem to be any differentiation in tax treatment between validators and delegators.

10. Are there any other events/models for individuals earning income from activities with crypto-assets that might trigger tax (e.g. farming, futures, lending, liquidity pools, airdrops, hard forks, self-employment income, employment income, in crypto-assets funds etc.). If yes, how are these events/models taxed?

Yes, certain activities and events may have tax implications. However, the tax treatment depends on the specifics of the activity and can fall under miscellaneous income(s), professional income or self-employment income. How the income is taxed must be evaluated on a case-by-case basis.

11. Are there any national tax law-specific monitoring, documentation and declaration requirements? If yes, what are the requirements?

As of now, there are no specific requirements outlined by national tax laws regarding the monitoring, documentation and declaration of casual trading of crypto-assets.

12. Are there any other specialities regarding the taxation of crypto-assets (with the exception of VAT)?

Not at the moment.