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)?

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Mozambique
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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?

The general national tax law principles apply because no specific legislation has been issued for the taxation of crypto-assets.

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

As mentioned at Q1, there is no special legislation on crypto-assets in Mozambique. Under the terms of the general legislation, any gain on such exchanges is subject to Corporate Income Tax or Personal Income Tax.

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.)?

See Q2.

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?

According to the general regime, when natural persons are taxed for profits arising from business activity, such income falls into the Second Category (Business and Professional Income) under the terms of the Personal Income Tax Code, approved by Law No. 33/2007, of 31 December. Respective taxpayers must register in advance with the Tax Authority.

Preregistration is not required for taxpayers who occasionally earn income due to the practice of an isolated transaction.

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?

The general regime provided for in the Personal and Corporate Tax Codes allows the offsetting of losses incurred in the last 5 years.

6. What is the time frame to offset losses?

5 years.

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

As Mozambique has no specific legislation on cryptocurrency, no specific treatment is given in law to either crypto-assets or NFTs.   

8. How is mining taxed?

Individuals and legal entities engaged in mining activities are subject to Mining Production Tax, Surface Tax, Resource Income Tax, Personal or Corporate Income Tax, Value Added Tax and other taxes in force in the Republic of Mozambique.

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

As mentioned above, there is no specific legislation on crypto-assets in Mozambique. However, in general legislation, income or transactions are taxed.

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?

Under general legislation, all economic activity capable of generating profits is taxed.

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

There is no specific law that imposes specific obligations on the activity of crypto-assets.

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

No.