J'ai fait appel à Maître Uzan dans le cadre d'une procédure fiscale longue et techniquement complexe. Analyse rigoureuse du dossier, réponses précises dans des délais parfois très courts, et surtout une vraie capacité à maintenir un dialogue constructif avec l'administration plutôt qu'à durcir inutilement les positions.
Il a pris le temps de m'expliquer chaque étape et les options possibles, sans jargon et sans promesses excessives. Le dossier s'est conclu par une issue négociée.
Un accompagnement sérieux, du premier échange jusqu'au suivi complet de l'exécution. Je recommande sans réserve.
Cryptocurrency Taxation
By Marc Uzan, French tax lawyer in Paris
Cryptocurrencies: Reporting and Taxation in France
Tax lawyer at the Paris Bar since 2008 – exclusive tax law practice, including the taxation of crypto-assets
Summary
- 31.4% flat tax on occasional crypto sales, where the total annual amount of sales exceeds €305 (French General Tax Code (CGI), art. 150 VH bis).
- Form 2086 in principle required: total portfolio acquisition price method, one line per taxable transaction.
- Reporting of foreign accounts: accounts opened with platforms established abroad are in principle to be reported on form 3916-3916-bis; failing that, a fine of €750 per account may apply.
- Tax lawyer: analysis of the applicable regime (occasional or professional), checking of the calculation, defence in the event of an audit or reclassification.
Which cryptocurrency transactions are taxable in France and at what rate?
- Disposal for fiat currency = taxable: in principle, exchanging cryptocurrencies for euros, dollars or any other legal tender is a taxable transaction. The same applies, in principle, to paying for goods or services in cryptocurrency.
- Crypto-to-crypto exchange = not taxable: in principle, exchanges between cryptocurrencies (for example Bitcoin → Ethereum) are not taxed; tax arises on a disposal for legal tender or on payment for goods or services.
- Flat rate = 31.4% flat tax: Gains are subject to 12.8% income tax + 18.6% social levies.
- Option for the progressive scale: by ticking box 3CN, the gains are taxed at the progressive income tax rates, which may, depending on the case, be more advantageous when income is modest.
How do I calculate my crypto capital gain using the legal formula and complete form 2086?
- Listing of taxable disposals: sales for legal tender or payments in cryptocurrency, with the date, amount, asset disposed of and consideration received.
- Statutory formula: the gain equals the disposal price less the product of the total acquisition price of the whole portfolio and the ratio between the disposal price and the overall value of the portfolio at the time of the disposal (Art. 150 VH bis CGI). The FIFO method does not apply.
- Exemption if disposals do not exceed €305 per year: this threshold is assessed on the total amount of disposals for the year, not on the gain.
- Form 2086: each line in principle corresponds to one disposal. This schedule is completed within the online return and feeds box 3AN or 3BN depending on the net result.
What are the differences between an occasional investor and a professional crypto activity?
| Criterion | Occasional investor (CGI 150 VH bis) | Habitual activity, carried out as a professional (BNC) |
|---|---|---|
| Transaction volume | One-off or moderate | Daily / intensive trading |
| Objective pursued | Wealth management | Seeking regular profit |
| Tax regime | 31.4% flat tax (12.8% income tax + 18.6% social levies), or progressive scale by option | Non-commercial profits since 2023 (CGI art. 92, 1° bis): progressive scale + social security contributions |
| Return | 2086 + 2042 C | 2035 (controlled return) or micro-BNC on form 2042 C PRO |
| Reassessment risk | 10% to 40% (late filing / bad faith) | Up to 80% in case of fraud |
How are cryptocurrency accounts opened abroad reported?
- Reporting of each foreign account: accounts opened with platforms established abroad are in principle to be reported on form 3916-3916-bis, even without any transaction. Where the entity with which the account was opened is established needs to be checked.
- Penalty for omission: in principle, a fine of €750 per undeclared account (€1,500 if the value of the account exceeds €50,000). The tax authorities use data cross-checks to detect undeclared accounts.
- Technical records: CSV history, screenshots, residence certificates and evidence of transfers may be needed in the event of a tax audit.
Why use a tax lawyer for the taxation of cryptocurrencies?
- Securing the capital gain calculation and returns: A lawyer helps you consolidate your transactions from several exchanges, correct frequent errors in form 2086 and comply with the thresholds.
- Analysis of the applicable regime: in the case of intensive activity, the lawyer analyses the risk of classification as non-commercial profits (BNC) and, depending on the case, the tax consequences of holding through a company.
- Prevention and defence in the event of an audit: the tax authorities may, in some cases, go back up to 10 years where foreign accounts have not been reported. The assistance of a tax lawyer may be useful to discuss penalties or challenge a reclassification.
- Overall optimization of crypto assets: Beyond the current year, the lawyer advises on gifts, transfers, future sales and even the French tax consequences of leaving France.
FAQ
Does an account opened on a foreign platform need to be reported when the cryptocurrencies remain there without being sold?
In principle, yes: even without any movement, an account opened with a platform established abroad is to be reported on form 3916-3916-bis. The obligation concerns the opening, holding, use or closure of the account, not the activity.
Omitting this declaration may result in a fine of €750 per account. Even if the cryptocurrencies have never been converted into euros, holding such an account must in principle be shown in the annual return.
What happens if form 2086 was omitted the previous year?
Before taking any step, it is advisable to consult a lawyer to analyse your situation: depending on the case, an amended return for the year concerned, this time including the completed form 2086, may be an appropriate solution. It can in principle be filed online or by paper mail marked "rectificative" (amended).
A voluntary regularisation, before any audit, in principle has less serious consequences (late-payment interest, reduced where applicable) than an omission identified during an audit, where a surcharge of 40% or more may apply in the case of a deliberate failure.
What happens if the tax authorities reclassify cryptocurrency trading as a professional activity?
In principle, the taxpayer has 30 days, extendable by 30 days on request, to respond to the proposed reassessment. It is advisable to examine with your lawyer the criteria relied on (volume, frequency, automation). If the tax authorities consider that the activity is carried on in conditions similar to those of a professional, the tax regime may change (BNC, social security contributions).
Depending on the case, a tax lawyer may challenge this reclassification, in particular by showing that it is the management of private assets. If the professional activity is established, they can also assist with the regularisation and discuss the penalties.
Are mining gains taxed as capital gains?
In principle, no. Mining income falls under non-commercial profits (BNC), under the micro regime or, by option, the regime of the controlled return, and not under the regime for individuals’ capital gains.
Can I have the tax treatment of my transactions confirmed in advance?
In principle, yes, through a ruling request sent to the tax authorities: a precise and accurate statement of the facts, the provisions on which a position is requested and the legal arguments supporting the proposed interpretation. The tax authorities then confirm or reject each point. The assistance of a lawyer is not mandatory, but it may help to present a complete request.
How can I prove what an account held on a platform that is closing down contained?
Proof is in principle based on the transaction history, statements and exports provided by the platform, preferably kept before it closes. Failing that, screenshots, or even a report drawn up by a judicial officer (commissaire de justice), may strengthen the evidence in the event of an audit.
Checklist: 6 points before validating a crypto tax return
- Situation analysed with a lawyer
- Total disposals for the year compared with the €305 threshold: below it, gains are in principle exempt.
- Software compatible with form 2086, where appropriate.
- Foreign accounts in principle reported on form 3916-3916-bis.
- Possible advantage of the option for the progressive scale examined with your lawyer, in particular if overall income is modest.
- CSV files, supporting documents and transaction histories kept.
Further reading
- Article 150 VH bis of the CGI: tax regime for sales of digital assets (flat tax, €305 exemption threshold, option for the progressive scale).
- BOFiP BOI-RPPM-PVBMC-30: official administrative commentary.
- BNC regime / return 2035: accounting obligations in the event of professional requalification.
Further reading
- How to Declare Your Cryptocurrencies?
- Crypto-Asset Taxation: What DAC8 and the Travel Rule Change
- Declaring Foreign Cryptocurrency Accounts in France
- Crypto Taxes: Individual or Professional, Where Is the Line?
- Differential Contribution on High Incomes (CDHR) and Cryptocurrencies
- Crypto-Assets and Tax in France: What the Cour des Comptes Really Says, and How to Prepare
