Inheritance and gift tax may be applicable to the trading of cryptoassets – tax liability is imposed on the acquirer of property and property rights (under certain conditions) under a gratuitous title or as a result of inheritance. For example, airdrops may be subject to inheritance and gift tax. The key is to determine the nature of the cryptoasset.
Inheritance and gift tax – amount
Inheritance and gift tax is an estate tax levied on individuals – the recipients of a gift or inheritance. Its amount depends on the personal ties between the donor and the recipient (donation) or the testator and the heir (inheritance). At the same time, the tax legislator has identified three tax groups and the amount of tax is determined according to the taxpayer’s assignment to a particular tax group. For the immediate family there is an additional exemption – according to Article 4a of the Law on Inheritance and Gift Tax.
At the same time, the receipt by the acquirer from one person of property and property rights of a pure value not exceeding the free amount is not subject to inheritance and gift tax.
Groups and amounts free of inheritance and gift tax are as follows:
- Group 0: spouses, descendants and ascendants, siblings, for whom a tax exemption is provided (under certain conditions);
- Group I: spouses, descendants and ascendants, stepson, son-in-law, daughter-in-law, siblings, stepfather and stepmother and in-laws – for whom the tax-free amount is PLN 36,120;
- Group II: children of siblings, siblings of parents, children and spouses of stepchildren, spouses of siblings and siblings of spouses, spouses of siblings of spouses and spouses of other descendants – for whom the tax-free amount is PLN 27,090;
- Group III: everyone else – for whom the tax-free amount is PLN 5,733.
The amount of the above donations should be added up for 5 tax years back, the above limit does not apply to each tax year.
Subject and object of taxation
Inheritance and gift tax iapplies in particular, to the acquisition exclusively by natural persons of the ownership of things located in the territory of the Republic of Poland or property rights exercised in the territory of the Republic of Poland by inheritance, simple bequest, further bequest, inheritance bequest, testamentary bequest, donation, donor’s bequest, inheritance, gratuitous abolition of co-ownership or retention if the entitled person did not obtain it in the form of a gift made by the testator or by inheritance or in the form of a bequest, gratuitous annuity, usufruct and easement.
It follows from the above that the key issue for determining the consequences in inheritance and gift tax of the transfer of cryptoassets by virtue of activities subject to this tax is the civil-law status of cryptoassets as a property rights and that exercised in the territory of Poland. There is a lack of specific regulations in this regard.
Cryptoasset as an object of taxation
For inheritance and gift tax purposes, the qualification of cryptoassets under civil law is conclusive. With that said, cryptoassets are a diverse group and the status of cryptoassets under private law is debated and there is no consensus on its legal nature.
With regard to virtual currencies, tax authorities have generally indicated from the outset that they constitute property rights. Thus, they may be subject to inheritance and gift tax. In particular, direct support for the thesis of the taxation of virtual currencies (bitcoin) became the judgment of the Supreme Administrative Court of March 6, 2018, ref. II FSK 488/16, in which the panel held that „(…) bitcoin is not property, but a property right that can be transferred.” The Director of National Tax Information takes a similar position in individual interpretations, such as those dated April 11, 2025, No. 0111-KDIB2-2.4015.27.2025.1.PB and July 19, 2021, No. 0111-KDIB2-3.4015.78.2021.3.BD.
Tax base – value of cryptoassets
In addition, the issue of determining the inheritance and gift taxable value of cryptoassets (property rights) after deducting debts and burdens (the so-called „pure value”) remains controversial, which should be determined according to the condition of property and property rights on the date of acquisition and market prices on the date when the tax liability arises. It is this that determines the tax base. Pure value is also necessary to determine whether the amount is exceeded.
Although the value of the acquired property and property rights is assumed in the amount determined by the acquirer, provided, however, that it corresponds to the market value of such property and rights. At the same time, the market value of property or property rights shall be determined on the basis of the average prices applied in the trade of things of the same type and species, taking into account their location, condition and degree of wear, and in the trade of property rights of the same type, as of the date on which the tax obligation arises. If, on the other hand, the acquirer has not determined the value of the acquired property or property rights, or the value determined by him does not correspond, according to the assessment of the head of the tax authority, to the market value, the authority shall summon the acquirer to determine, increase or decrease it, within no less than 14 days from the date of delivery of the summons, at the same time stating the value according to his own preliminary assessment. If the purchaser, despite has not determined the value or has provided a value that does not correspond to the market value, the tax authority shall determine the value taking into account the opinion of an expert or the valuation of an appraiser submitted by the purchaser. If the tax authority appoints an expert, and the value determined taking into account his opinion differs by more than 33% from the value provided by the purchaser, the cost of the expert’s opinion shall be borne by the purchaser.
In addition, in determining the amount of tax, the amounts of the value of property and property rights and the tax scales in effect on the date the tax liability arises are generally adopted.
The above regulations do not generally correspond to the practice of trading cryptoassets, where the value can change in units of time smaller than a day, and even in a given second the value can vary, for example, on different cryptoasset exchanges.
Deadlines
Taxpayers of inheritance and gift tax are obliged to submit a tax return on the acquisition of property or property rights to the competent head of the office according to an established formula within one month from the date on which the tax obligation arises (the obligation to submit a tax return has been excluded when the tax is collected by a notary public as a tax remitter).
The tax return shall be accompanied by documents affecting the determination of the tax base, defined in the relevant regulation as documents affecting the determination of the tax base confirming:
- acquisition of property or property rights, in particular: a court decision, registered deed of succession, European certificate of inheritance, will, contract, settlement;
- possession by the seller of the legal title to the property or property rights listed in the return, in particular: an extract from the land and mortgage register, a sales contract, a certificate from the housing cooperative;
- the existence of debts and burdens, encumbering the acquired property or property rights.
Of course, it is difficult to imagine a way of documenting, for example, the seller’s title to the bitcoin obtained through excavation constituting the subject of a free airdrop.
Summary
The receipt of cryptoassets as a gift or inheritance may entail the obligation to pay inheritance and gift tax. Although not every such case implies the necessity of paying the said tax, it is worth remembering that, at the very least, virtual currency has been recognized by tax authorities as a property right and may be subject to this tax. In the event of becoming subject to taxation, it is necessary to fulfill the obligations to file the appropriate declaration and pay the correctly calculated tax.
