The Draft of the “Decripto” (Declaration of Cryptoassets) that will replace IN 1888 of the Federal Revenue Service is related to the way in which taxpayers must declare possession and transactions of cryptoassets in Brazil, especially with the introduction of Normative Instruction RFB No. 2,077/2023, which updated the regulations on the declaration of cryptoassets in Income Tax.
IN 1888, previously in force, established rules for the declaration of crypto assets, including the obligation to report transactions carried out with crypto assets exceeding R$30,000.00. The new regulation reflects changes in controls and declarations, seeking to bring more transparency and rigor to transactions with cryptocurrencies and other digital assets.
Although there is no official document called “Minuta da Decripto”, the term you mentioned probably refers to the new format or draft declaration that will be required to replace IN 1888, considering the new adjustments of the Federal Revenue for crypto assets.
Below is an example of a simplified draft that reflects the declaration of crypto assets based on the most recent changes, including the RFB's requirement to declare transactions with crypto assets in the Income Tax. This draft can be adjusted according to the new legal instructions and the guidelines of the Federal Revenue Service.
Draft Cryptoasset Declaration – Replacement of IN 1888
CRYPTOASSETS DECLARATION - RFB
1. IDENTIFICATION OF THE DECLARANT
• Full Name: [Taxpayer Name]
• CPF: [CPF number]
• Address: [Full address of taxpayer]
• Telephone: [Telephone number]
• Email: [Contributor’s email]
2. INFORMATION ABOUT TRANSACTIONS WITH CRYPTOASSETS
I declare, for tax regularization purposes, that I carried out transactions involving cryptoassets in the period from [Start Date] to [End Date] that are being reported in the Income Tax Return for the base year [Year]. The following information reflects the transactions carried out, as required by the Federal Revenue Service.
• Amount of Crypto Assets Held:
• [Type of Crypto (ex: Bitcoin, Ethereum, etc.)]
• Quantity at Beginning of Period: [Initial Quantity]
• Quantity at the End of the Period: [Final Quantity]
• Incoming/Outgoing Transfers:
• Date: [Transaction Date]
• Cryptoasset: [Type of cryptoasset]
• Market Value on the Transaction Date: [Value in R$ or USD]
• Quantity Sent/Received: [Qty]
• Sender/Recipient Wallet Address: [Digital Wallet Address]
• Transaction Fee: [Fee in % or amount in crypto assets]
3. CRYPTO ASSET PURCHASE AND SALE TRANSACTIONS
• Purchase Operations:
• Purchase Date: [Date]
• Total Purchase Amount: [Total amount in fiat currency]
• Quantity of Cryptoassets Purchased: [Qty]
• Source of Purchase: [Ex: Exchange, peer-to-peer trading, etc.]
• Deposit Wallet Address: [Receiving Wallet Address]
• Sales Operations:
• Date of Sale: [Date]
• Total Sale Amount: [Total amount in fiat currency]
• Quantity of Cryptoassets Sold: [Qty]
• Sales Source: [Ex: Exchange, peer-to-peer trading, etc.]
• Receiving Wallet Address: [Wallet Address]
4. INCOME OBTAINED FROM CRYPTOASSETS
• Profit Obtained from the Sale of Cryptoassets:
• Transaction Date: [Date]
• Profit (or Loss) on Sale: [Value in R$ or USD]
• Conversion Rate (R$/USD): [Conversion rate on the date of the transaction]
• Other Income or Revenue (if applicable):
• Staking, Farming or Reward Programs:
• Date Received: [Date]
• Quantity of Crypto Assets Received: [Qty]
• Total Amount Received: [Amount in fiat currency]
5. OTHER RELEVANT INFORMATION
If there are other relevant transactions or additional information necessary for the correct completion and assessment of the Federal Revenue Service, the taxpayer declares the following conditions:
• [Describe any additional details, such as transactions with crypto assets acquired via ICOs, airdrops, or other mechanisms, if applicable.]
6. DECLARATION AND SIGNATURE
I declare, under penalty of law, that the information provided in this form is true and that I am aware of the tax obligations related to the possession and trading of crypto assets, in accordance with the legislation in force in Brazil.
• Taxpayer Signature: ________________________
• Date: [Date of completion]
Final Considerations:
This draft reflects a model declaration based on regulatory changes and IRS requirements. As regulations may be updated, it is highly recommended that taxpayers consult a specialized accountant or tax attorney to ensure that the declaration complies with IRS requirements and that all crypto asset transactions are correctly reported.
Additionally, as part of the new process, the Federal Revenue Service may require more detailed information about transactions and the movement of crypto assets, especially in cases involving amounts greater than R$30,000.00 or operations with international exchanges.