1. Background and Scope

Law no. 26/2026, of 3 June, transposed into Portuguese law Directives (EU) 2023/2226 and 2025/872, both concerning administrative cooperation in the field of taxation (DAC). The Law is a fiscal transparency instrument that creates no new taxes and does not alter the rules for computing taxable income; instead, it strengthens reporting obligations and the automatic exchange of information between tax authorities.

The Law amends Decree-Law no. 61/2013, of 10 May – which governs administrative cooperation in tax matters transposing DAC1 and its successive amendments – and also amends the General Tax Offences Regime (RGIT).

2. Reporting Obligations for Crypto-Assets (Personal Income Tax)

In the area of personal income tax (IRS), the Law operationalises and strengthens the obligation for crypto-asset service providers to report to the Portuguese Tax and Customs Authority (AT) in respect of transactions carried out by users resident in Portugal.

This obligation, while previously foreseen, had not been fully implemented, leaving the AT without structured data on crypto-asset transactions. Providers must now collect and report, among other items:

• User identification (name, address, tax identification number, date and place of birth);

• Details of reportable crypto-asset transactions, including purchases, sales, exchanges, payments in crypto-assets and transfers to external wallets, with the gross amounts and corresponding market value.

Reporting is annual, to be submitted by 31 May of each year for the preceding calendar year. The first report, covering 2026, must be filed by 31 May 2027.

3. Key Amendments to the Administrative Cooperation Framework (D.L. no. 61/2013)

The main changes introduced by the Law to the administrative cooperation framework are as follows:

• Extension of the mandatory automatic exchange of information to crypto-asset service providers, implementing Directive (EU) 2023/2226 and the OECD Crypto-Asset Reporting Framework (CARF);

• Creation of a framework for the automatic exchange of global minimum tax (Pillar Two) information reports between jurisdictions, transposing Directive (EU) 2025/872;

• Strengthening of the obligation to include tax identification numbers (NIF/TIN) in various automatic exchange contexts, notably in country-by-country reporting (CbCR), and alignment with the mandatory disclosure rules regime (Law no. 26/2020, of 21 July).

Information collected by the AT may be shared with other tax authorities – and vice versa – thereby intensifying international tax compliance and anti-avoidance efforts.

4. Technical Rules, Due Diligence and Penalties

The Law's annexes set out the technical reporting and due diligence rules that give effect to the obligations described above, with particular emphasis on those relating to the CARF, which defines the categories of reportable crypto-assets, due diligence procedures and the rules for identifying reportable users.

On the sanctions front, the RGIT is also amended to include fines for failure to report, for omissions or inaccuracies, and for breaches of due diligence procedures by financial institutions, platform operators and, now, crypto-asset service providers.

5. Entry into Force

Law no. 26/2026, of 3 June, entered into force on the day following its publication, subject to the specific rules on the timing of effects laid down in the Law itself.