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Malaysia vs Portugal

Crypto regulation comparison

← Back to map | Malaysia | Portugal
Malaysia

Malaysia

Portugal

Portugal

Legal
Legal

Cryptocurrency is legal and regulated in Malaysia. The Securities Commission oversees digital asset exchanges (DAX) and initial exchange offerings under the Capital Markets and Services (Prescription of Securities) Order 2019. Only SC-approved exchanges can operate. Malaysia does not impose capital gains tax on crypto for individuals, though frequent trading may be classified as business income.

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 None
Tax Type Capital gains
Tax Rate 0%
Tax Rate 28%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator SC (Securities Commission Malaysia), BNM (Bank Negara Malaysia)
Regulator Banco de Portugal, CMVM (Securities Market Commission)
Stablecoin Rules Digital assets on approved exchanges only; stablecoins not separately regulated
Stablecoin Rules Regulated under EU MiCA framework
Key Points
  • Digital asset exchanges must be registered and approved by the Securities Commission
  • Only approved tokens can be listed on registered exchanges (e.g., BTC, ETH, XRP on approved list)
  • No capital gains tax for individuals; frequent trading may be treated as business income
  • BNM regulates crypto for AML/CFT purposes under the Anti-Money Laundering Act
  • IEOs must be conducted through SC-approved platforms
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