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Guatemala vs Portugal

Crypto regulation comparison

← Back to map | Guatemala | Portugal
Guatemala

Guatemala

Portugal

Portugal

No Regulation
Legal

Guatemala has no specific cryptocurrency regulation. The Banco de Guatemala has stated that crypto is not legal tender and not backed by the central bank, but has not banned its use. Crypto usage exists primarily for remittances from the US-based diaspora.

Portugal was formerly a crypto tax haven with 0% capital gains tax on crypto for individuals, but the 2023 State Budget introduced a 28% capital gains tax on crypto held for less than one year. Crypto held for over 365 days remains tax-free for individuals. Banco de Portugal registers VASPs for AML compliance, and Portugal transitions to MiCA. Portugal attracted many crypto entrepreneurs due to its previously favorable tax regime and NHR (Non-Habitual Resident) program.

Tax Type Unclear
Tax Type Capital gains
Tax Rate N/A
Tax Rate 28%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator Banguat (Banco de Guatemala), SIB
Regulator Banco de Portugal, CMVM (Securities Market Commission)
Stablecoin Rules No stablecoin-specific regulation
Stablecoin Rules Regulated under EU MiCA framework
Key Points
  • No specific cryptocurrency legislation exists
  • Banguat has warned that crypto is not legal tender and not government-backed
  • Crypto is neither explicitly legal nor illegal for private use
  • Remittance use case is significant given large diaspora in the US
  • Tax treatment of crypto gains is unclear
Key Points
  • 28% capital gains tax on crypto sold within 365 days (introduced in 2023 budget)
  • Crypto held for more than 365 days is exempt from capital gains tax for individuals
  • Banco de Portugal oversees VASP registration for AML/CFT compliance
  • CMVM regulates crypto where classified as securities
  • Former 0% tax regime attracted crypto entrepreneurs; NHR tax regime phased out in 2024
Sources
Sources