Crypto assets enter Revenue Service program for the regularization of undeclared assets

Source: PortaldoBitcoin Original Title: Cryptocurrencies enter a program by the Revenue Service for the regularization of undeclared assets Original Link: Cryptographic assets held in Brazil or abroad, including those never reported to the Tax Authorities, have now been explicitly included in the new asset regularization program of the Federal Revenue. Normative Instruction RFB No. 2,301/2025, published at the end of December, makes it clear that Bitcoin, tokens, NFTs, and other virtual assets can be regularized under the Special Regime for Asset Update and Regularization (Rearp).

The regulation classifies crypto assets as intangible assets, alongside software, trademarks, and patents, and categorizes them as assets eligible for regularization as long as they have a lawful origin and are owned by individuals or legal entities residing or domiciled in Brazil until December 31, 2024. The regime applies to both existing assets and those that have been alienated before this date, provided they were not properly declared.

In practice, the program allows taxpayers to regularize crypto assets that were omitted from Income Tax declarations, reported with incorrect values, or had essential data omitted, including when held in foreign exchanges, personal wallets, or more complex structures such as trusts and interposed entities.

Taxation and Penalties

Participation in the program entails paying an Income Tax at a rate of 15%, calculated on the total value of the regularized assets, converted into reais. An additional penalty of 100% of the tax amount applies for regularization.

Payment can be made in full or in up to 36 monthly installments, with a minimum of R$ 1,000 per installment. Both the full payment and the first installment of the installment plan must be settled by February 27, 2026, or the participant will be excluded from the regime.

Despite the high penalty, the program offers significant benefits: regularization implies acknowledgment of the debts but also guarantees remission of fines, interest, and other tax-related charges associated with the assets, provided the taxable events occurred until the end of 2024.

How the Rearp Regularization Works

Rearp is a voluntary regime created by Law No. 15,265/2025 and now regulated by the Federal Revenue. It authorizes the regularization of undeclared or incompletely declared assets and rights until December 31, 2024, in Brazil or abroad, without the need for mandatory repatriation of the resources.

To participate, the taxpayer must submit the Declaration of Choice for the Special Asset Regularization Regime (Derp), through the dedicated system in the e-CAC of the Federal Revenue, starting January 19, 2026. The deadline for submitting the declaration is February 19, 2026.

In the case of crypto assets, the Derp must include the identification of the asset, ownership, source of funds, and the market value as of December 31, 2024. The regulation requires that the value be supported by proper documentation, such as an evaluation conducted by a specialized entity, a criterion that also applies to other intangible assets.