Winners, Losers, and the End of an Era for Retail Investors

Brazil’s Congress is currently debating a provisional measure that could potentially transform crypto taxation in the country—and not necessarily for the better. If passed, the reform would place a flat 17.5% tax on all crypto gains, however large or small.

According to Fabio Plein, Coinbase’s Regional Director for the Americas, the proposed measure would represent a significant setback for retail and small-scale investors. Meanwhile, high-net-worth individuals stand to gain.

What is Provisional Measure 1303/25?

In June, Brazil’s federal government enacted Provisional Measure 1303/25 to simplify the tax treatment of various financial instruments, including cryptocurrencies.

This new provisional measure allows the Brazilian government to replace its current progressive crypto tax system with a flat 17.5% rate. This change temporarily abolishes the previous tiered structure, taxing gains at 15% to 22.5% depending on size.

In addition, the measure erases the existing exemption for all crypto transactions worth under R$35,000, or roughly $6,500. It also standardizes the tax treatment of crypto assets, regardless of where they are held. The flat rate applies equally to self-custody wallets and offshore accounts.

The government enacted this measure to address significant revenue shortfalls and help meet its fiscal target. This legislation directly responded to a previous political setback where Congress had overturned the government’s attempt to increase the Financial Transactions Tax (IOF).

By introducing this new tax, Brazil aims to offset lost revenue and achieve its goal of a zero deficit in 2025. However, the measure’s future is not yet certain. Congress will soon vote on whether to make it a permanent law.

“There are at least fifteen proposed amendments regarding crypto aimed at correcting these distortions, and a vote is expected between September and October. If the MP is not approved, it will not be converted into law, and the proposed rules will not apply. If approved, it will enter into force [on] January 1, 2026,” Fabio Plein told BeInCrypto.

However, these changes in crypto taxation could drive innovation away from Brazil, a traditionally dominant country in the industry.

Crypto vs. Securities: A Disparity in Treatment

The reaction of the Brazilian crypto community to Provisional Measure 1303/25 has been predominantly negative. According to Plein, the legislation hinges on the false idea that crypto is exempt from taxation in Brazil.

“A persistent, but incorrect, narrative claims crypto ‘does not pay taxes,’ even though the sector already bears corporate taxes (Corporate Income Tax, CSLL, PIS, COFINS), existing withholding obligations, and progressive end-user rates of 15%–22.5% on domestic operations and 15% on international ones,” Plein said.

Though the measure seeks to unify taxation across a broad range of investment securities, he added that crypto is at a disadvantage compared with securities.

“Compared with securities, crypto is treated worse: securities would enjoy a R$60,000 quarterly exemption, and non-resident investors in securities would not face withholding (WHT) income tax,” he explained.

In the meantime, the flat rate tax, paired with the elimination of the monthly minimum exemption, bears an outsized impact on smaller investors.

Who Stands to Benefit From the Tax Changes?

Under the provisional measure, abolishing the R$35,000 monthly exemption for crypto transactions triggers a capital-gains calculation for every purchase or sale. Plein compared the notion with a now-defunct tax in Brazil known as the Provisional Contribution on Financial Transactions (CPMF).

Enacted in 1997, the CPMF was a tax levied on nearly all financial transactions, including withdrawals and transfers from bank accounts. The measure was widely criticized for its cascading effect and impact on casual investors. Due to public discontent and political pressure, the rule expired in 2007.

“While this remains income tax on capital gains, taxing each small transaction without regard to ability to pay effectively creates a sort of ‘CPMF at every click’: buying a loaf of bread using crypto should not turn someone into a trader,” Plein said.

Plein argued that the new flat rate goes against the government’s claim not to raise taxes. It removes the monthly exemption and increases the floor tax from 15% to 17.5%.

Paradoxically, this same provisional measure is more beneficial for high-net-worth individuals.

“Although framed as targeting ‘the super-rich’… a flat 17.5% reduces the top rate (previously up to 22.5%) while increasing the effective burden on smaller investors, an outcome at odds with expectations of fairness,” Plein told BeInCrypto.

The provisional measure also introduces a new Withholding Income Tax (WHT) on crypto activities, adding another layer of controversy.

Taxing Yield and Liquidity

WHT is a tax taken directly from a person’s earnings before receiving the money. Applied to crypto, this new tax affects activities like “DeFi-as-a-service” and “staking-as-a-service” offered by centralized platforms.

Such a tax could obligate platforms to sell off a client’s crypto assets to pay the tax bill. According to Plein, this approach is flawed because it combines the principles of a wealth tax with an income tax.

This new tax also extends to non-resident investors and liquidity providers, a move that is considered a major competitive disadvantage. Traditional securities in Brazil would still be exempt from this tax for non-resident investors, which could lead to foreign capital flowing out of the crypto market and into other financial assets.

Plein worried that the move could push users toward less regulated platforms.

“Introducing WHT is likely to push users toward decentralized solutions and self-custody. WHT on non-resident investors may reduce liquidity and generate price distortions reminiscent of the ‘kimchi premium,’ similar to what happened in South Korea,” he said.

Plein worries that making this measure permanent could prove catastrophic in a country where crypto thrives.

A Global Leader at a Crossroads

Brazil has one of the highest crypto adoption rates in the world. Many of its citizens use crypto not just for speculative investment but also for everyday transactions and as a hedge against inflation.

“With roughly 25 million Brazilians (about 16% of the population) already participating and an expectation of 70 million users by 2026, Brazil is the world’s 7th-largest market,” Plein said.

The high adoption level means the new tax measure could profoundly affect the national economy. The current debate in Congress isn’t just about tax law but also about the future of a quickly growing industry that creates jobs and attracts investment.

“Getting this [provisional measure] right is… about fostering innovation, investment, and jobs in Brazil rather than abroad,” Plein added.

Whether this measure fosters a more mature market or discourages future growth, Congress’s final decision will have a lasting impact on Brazil’s position in the global crypto economy.

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