The article in brief
- An individual managing private wealth falls under Article 150 VH bis of the French Tax Code (CGI) and the overall rate of 31.4%.
- Transactions carried out “under similar conditions” to those of a professional fall under BNC (non-commercial profits), under Article 92, 2, 1° bis of the CGI.
- Buying and reselling carried out as a profession is a commercial activity by nature, taxed as BIC (industrial and commercial profits).
- The tax authority assesses the situation on the basis of a body of indicators: hardware and IT resources, trading techniques, skills and training.
- Neither the law nor the BOFiP sets a number of transactions or an amount above which the regime switches.
- Under BNC or BIC, the result follows the rules of its category and is included in the progressive income tax scale.
The status of professional crypto trader does not exist as such in French tax law. The law recognises three regimes for the same buying and selling transactions. An individual managing private wealth falls under the capital gains regime of Article 150 VH bis of the CGI. One who operates under conditions similar to those of a professional falls under BNC. One for whom it is a profession falls under BIC. Everything turns on concrete indicators, with no numerical threshold.
Facts and sources verified as at 5 October 2026.
Three tax regimes for the same crypto trades
Buying, selling or exchanging crypto-assets can produce three types of income. The classification depends on the conditions under which you operate, not on the nature of the assets.
The ordinary regime: capital gains for individuals
Article 150 VH bis of the CGI covers disposals for consideration of crypto-assets. It applies to individuals who are tax-resident in France. The BOFiP (official French tax guidance) states that it applies to individuals “acting in the course of managing their private wealth” (our translation). This is the default regime.
Its rules are well known. The gain is calculated on the whole portfolio. Annual disposals not exceeding €305 are exempt. Exchanges between crypto-assets without a balancing payment benefit from a tax deferral. The overall rate reaches 31.4% in 2026, unless you opt for the progressive scale. Our guide to crypto taxation explains this regime in detail.
BNC: conditions similar to those of a professional
Article 92, 2, 1° bis of the CGI classifies certain income from these transactions as non-commercial profits. The text covers transactions carried out under particular conditions. These conditions must be “similar to those that characterise an activity carried out by a person engaging in this type of transaction professionally” (our translation).
The BOFiP presents this regime as a subsidiary one. It concerns an activity carried out like a professional, without being your professional activity. The text was amended by the Finance Act for 2022. This is Article 70 of Law no. 2021-1900 of 30 December 2021, applicable since 1 January 2023.
BIC: buying and reselling as a profession
Article L. 110-1 of the French Commercial Code (Code de commerce) deems any purchase of movable goods for resale to be a commercial act. The BOFiP draws a clear consequence from this. A person whose profession consists of buying and reselling crypto-assets carries out a commercial activity by nature. Their profits fall under BIC, pursuant to Article 34 of the CGI.
The boundary between BNC and BIC therefore comes down to one question: is the activity your profession? The BNC regime covers an activity carried out like a professional, without being one. If buying and reselling crypto-assets becomes your occupation, the commercial classification arises. This case remains distinct from that of a very active investor who has another profession.
What “similar conditions” covers
The statute does not define these conditions. The tax authority has set out its reading in the BOFiP, at paragraph 1080 of BOI-BNC-CHAMP-10-10-20-40.
A body of indicators
According to this commentary, the conditions of practice mean the conditions under which the transactions are carried out. They are assessed on the basis of a body of indicators. No single criterion is therefore enough to move your situation into another regime.
The BOFiP identifies criteria that it describes as “essential”. These are the possession, command and use of specialised information and trading techniques. Added to this is the organised search for them in support of numerous and sophisticated transactions.
Evidence of know-how
The tax authority presupposes the use of genuine know-how. The BOFiP characterises it by three elements:
- the scale of the hardware and IT resources you use;
- your investment and buying-and-reselling techniques;
- your professional skills and training.
The impots.gouv.fr website expresses the same idea more directly. It cites investors carrying out “numerous and sophisticated transactions” throughout the year. It adds those who use “the same tools and techniques as professional traders”.
A classification reserved for exceptional cases
The BOFiP states that the BNC classification “only applies to exceptional individual cases”. Active portfolio management is therefore not enough, on its own, to establish similar conditions. In our view, this clarification is worth recalling in any discussion with the tax authority.
The tax consequences of reclassification
Changing category alters the whole calculation. The Article 150 VH bis regime ceases to apply to these transactions.
The end of the flat rate
The 12.8% rate in Article 200 C of the CGI applies to gains under Article 150 VH bis. BNC and BIC, by contrast, are included in income subject to the progressive scale of Article 197 of the CGI. This scale has successive brackets, the highest of which is taxed at 45%.
The difference from the regime for individuals depends on your marginal bracket and on all the levies due. A comparative calculation is essential before taking any position.
A different way of calculating the result
The BOFiP states that taxable profit follows the ordinary rules of each category. The Article 150 VH bis formula, based on the overall value of the portfolio, no longer applies. The €305 exemption threshold and the tax deferral for exchanges between crypto-assets also derive from that article alone.
One obligation, however, remains whatever the regime. Your wallets opened, held, used or closed abroad must be declared each year, pursuant to Article 1649 bis C of the CGI. Omission costs €750 per wallet, or €1,500 if its value exceeded €50,000 during the year.
The way gains are declared changes accordingly. Form 2086 is used for capital gains of individuals. BNC and BIC are declared under the rules specific to their category.
Indicators to watch in your practice
Neither the law nor the BOFiP sets a number of transactions, an amount or a holding period. Any threshold presented as official should therefore put you on alert. The analysis focuses on how you operate, based on the BOFiP criteria.
We advise you to ask yourself the following questions:
- Are your transactions numerous and spread throughout the year?
- Do you use tools comparable to those of a professional, for example automated execution software?
- Do your strategies involve sophisticated techniques rather than purchases followed by long-term holding?
- Do you search for information in an organised way to decide on your orders?
- Do you have training or professional experience in financial markets?
Several positive answers are not enough to classify you as a professional. They do, however, signal a situation to document. Every situation is different, and the assessment is always made case by case.
What DAC8 changes for this analysis
Article 1649 AC bis of the CGI requires crypto-asset service providers to report their users’ transactions. It covers transactions carried out since 1 January 2026. The report states, in particular, the number of transactions and the gross amounts, by type of crypto-asset. In our view, this data will give the tax authority a direct view of the volume and frequency of your transactions. Our article on DAC8 crypto explains this system in detail.
Mining and staking: a separate legal basis
Mining follows a different logic. According to the BOFiP, its income may fall under Article 92 of the CGI. This is the case where the crypto-assets remunerate participation in the creation or operation of the system. The BOFiP cites the decision of the Conseil d’État of 26 April 2018, no. 417809. The acquisition value used is nil where the assets were allocated free of charge.
For staking, impots.gouv.fr states that it is taxed as BNC. To date, no statutory text or BOFiP commentary provides for this: it is the position displayed by the tax authority. Our article on staking and mining tax reviews the matter.
Protecting your position
The main risk lies in reclassification by the tax authority during an audit. Your past returns would then be recalculated under another regime. Our article on the crypto tax audit describes the applicable time limits and penalties.
Document your activity: tools used, time spent, strategies followed. Keep your complete histories on each platform. These elements support the regime you adopt, whatever it may be.
A crypto tax lawyer can analyse your transactions against the BOFiP criteria. The lawyer calculates the tax under each possible regime and helps you adopt a reasoned position.
FAQ on crypto trader tax status in France
From how many transactions do you become a professional crypto trader?
Neither the law nor the BOFiP sets a threshold. The tax authority relies on a body of indicators: hardware and IT resources, trading techniques, skills and training. It reserves the BNC classification for exceptional cases.
Can I choose the BNC or BIC regime if I consider it more advantageous?
No. The classification follows from the actual conditions of practice, not from an option. Only the option for the progressive scale, provided for by Article 200 C of the CGI, exists in the regime for individuals.
Does a professional crypto trader have to fill in Form 2086?
Form 2086 concerns gains under Article 150 VH bis. Income taxed as BNC or BIC is declared under the rules of its category. Every situation is different and deserves to be checked.
Does staking make me a professional?
Staking raises a separate question. Impots.gouv.fr states that its income falls under BNC, without any statutory text or BOFiP commentary in support. This taxation says nothing, on its own, about the regime for your purchases and sales.
Official sources
- Article 92 of the French Tax Code (Code général des impôts), 2, 1° bis (BNC) – Légifrance (in French)
- Article 150 VH bis of the French Tax Code (Code général des impôts) (capital gains of individuals) – Légifrance (in French)
- Article 200 C of the French Tax Code (Code général des impôts) (12.8% rate and option for the progressive scale) – Légifrance (in French)
- Article 1649 AC bis of the French Tax Code (Code général des impôts) (reporting by providers) – Légifrance (in French)
- Articles 1649 bis C and 1736, X, of the French Tax Code (Code général des impôts) (wallets held abroad and fines) – Légifrance (in French) and Légifrance (in French)
- Article 197 of the French Tax Code (Code général des impôts) (progressive scale) – Légifrance (in French)
- BOI-BNC-CHAMP-10-10-20-40, § 1080 (conditions similar to those of a professional, mining) – BOFiP (in French)
- BOI-BIC-CHAMP-60-50, § 730 (professional buying and reselling of digital assets) – BOFiP (in French)
- Impots.gouv.fr, “Comment déclarer les plus ou moins-values sur cessions d’actifs numériques ?” (How do I declare gains or losses on disposals of digital assets?) (updated on 17 July 2026) – impots.gouv.fr (in French)
This article sets out the law verified as at 5 October 2026 for general information purposes. It does not constitute legal advice. Every situation is different and deserves a dedicated analysis.
