New MP unifies taxation of investments and ends the tax benefit for capital gains on digital assets; rule comes into effect in 2026
The provisional measure published by the government on Wednesday night (11) brings significant changes to the taxation of investments, highlighting the end of the tax exemption on profits obtained from cryptocurrencies. The proposal establishes a single rate of 17.5% on gains from digital assets, ending the current rule that exempts operations of up to R$ 35 thousand per month.
The new rule, expected to come into effect in 2026, will be applied to all operations, regardless of the amount transacted or the length of time the asset is held. The tax will also apply in cases of self-custody — when the taxpayer maintains direct access to cryptocurrencies through private keys, without intermediaries — and to digital assets traded on foreign exchanges.
The calculation and collection of the tax will now be done quarterly. The investor will be able to offset losses within the same quarter or up to five previous quarters, a measure that may mitigate the impact of taxation on negative operations during the period.
In addition to cryptocurrencies like Bitcoin (BTC) and Ethereum (ETH), the new rule applies to fixed income tokens — digital assets that represent investments such as CDBs and debentures. The Federal Revenue Service has already been treating these instruments as financial investments, and the MP now formalizes this interpretation.
Today, the profit from the sale of cryptoassets is taxed progressively, with rates ranging from 15% to 22.5%, only when it exceeds the limit of R$ 35 thousand monthly. With the change, any capital gain will be taxed, placing cryptocurrencies under the same logic as other financial investments.
The change is part of a broader government proposal that aims to standardize the taxation of investments. The measure unifies the income tax rate for fixed and variable income investments to 17.5%, and applies a 5% tax on assets that are currently exempt, such as LCI, LCA, CRI, CRA, REITs, and Fiagros.
The MP, which needs to be approved by Congress to become definitive law, is valid for 120 days. If maintained, the new rules will come into effect from January 2026.
