Disclaimer: General information only, not legal or tax advice. Verify with the Thai Revenue Department at rd.go.th or a qualified professional.

Thailand now has a specific personal income tax exemption for qualifying crypto and digital-token gains made through licensed Thai digital-asset businesses. The exemption applies from 2025 to 2029, but it does not make every form of crypto income tax-free. This guide explains what qualifies, what falls outside it, and where official guidance is still silent.

Why older articles are out of dateMuch of what is written online about Thai crypto tax predates September 2025. Claims that Thailand has no income tax exemption for crypto, that the VAT relief must be renewed each year, or that Thai exchanges deduct 15% tax on every profitable trade do not reflect the current rules.
What This Guide Covers
  1. Key points
  2. How Thailand classifies digital-asset income
  3. The 2025–2029 exemption
  4. Transactions outside the exemption
  5. Foreign platforms and remittance
  6. Staking, mining, free tokens, salary and token benefits
  7. Withholding tax
  8. VAT
  9. Holding, swaps, losses and cost records
  10. Filing
  11. FAQs

Key Points

How Thailand Classifies Digital-Asset Income

Thai tax law does not put all crypto income in one category. The Revenue Code and the Revenue Department's crypto guidance treat each type of income separately:

Type of incomeRevenue Code categoryCovered by the 2025–2029 exemption?
Gain from transferring cryptocurrency or digital tokens (selling for baht, or swapping)Section 40(4)(ฌ): benefits received from the transfer of cryptocurrency or digital tokens, to the extent valued above the amount investedYes, if made through a licensed Thai exchange, broker or dealer and received in 2025–2029
Profit share or similar benefit from holding a digital tokenSection 40(4)(ซ)No
Returns from holding cryptocurrency, such as staking or yieldSection 40(8), under Revenue Department guidanceNo
Cryptocurrency obtained by miningSection 40(8) when sold, under Revenue Department guidanceNo
Free or promotional tokensSection 40(8), valued when receivedNo
Salary or fees paid in cryptoSection 40(1) employment or 40(2) service incomeNo

Sections 40(4)(ซ) and (ฌ) were added to the Revenue Code by Emergency Decree No. 19 in 2018. English-language sources often write them as 40(4)(h) and 40(4)(i).

The 2025–2029 Exemption

Ministerial Regulation No. 399 (B.E. 2568), published on 5 September 2025, added item (109) to the list of exempt income in Ministerial Regulation No. 126. It exempts benefits received from the transfer of cryptocurrency or digital tokens:

where the business is licensed under Thai digital-asset law (the Emergency Decree on Digital Asset Businesses B.E. 2561). The exemption applies to the amount above your investment, for assessable income received from 1 January 2025 to 31 December 2029. It is a personal income tax exemption for individuals.

In practice, if you sell Bitcoin for baht on a licensed Thai exchange in 2026, the gain is exempt. The same applies to qualifying transfers through a licensed broker or to a licensed dealer. The Thai SEC publishes the list of licensed digital-asset businesses, so check that the business you use is on it.

What the exemption does not doIt covers only transfer gains under section 40(4)(ฌ). It does not cover other types of crypto income, it does not apply to transfers made outside licensed Thai digital-asset businesses, and it is time-limited: it applies to income received up to 31 December 2029.

Transactions Outside the Exemption

Because the regulation names specific licensed Thai businesses, the following do not qualify for this exemption:

Falling outside the exemption does not mean the income is automatically taxable in Thailand. It means the normal rules apply: whether the income is Thai-source or foreign-source, whether you are a Thai tax resident, when the income arose and, for foreign-source income, whether it is brought into Thailand.

Foreign Platforms and Remittance

Non-residents (fewer than 180 days in Thailand in a calendar year) are taxed only on Thai-source income. For Thai tax residents, foreign-source income arising on or after 1 January 2024 may be assessable when it is brought into Thailand, including in a later tax year (Revenue Department Orders Por. 161/2566 and Por. 162/2566). Foreign income that arose before 1 January 2024 is not brought into this rule merely because it is remitted later. How the foreign income rule works →

Not resolved in official guidanceCurrent Revenue Department guidance does not clearly resolve:

If these questions affect you, keep full records and take advice from a qualified Thai tax adviser.

Staking, Mining, Free Tokens, Salary and Token Benefits

The Revenue Department's crypto manual treats these types of income separately from transfer gains. Regulation 399 exempts transfer gains only, so it does not make any of them exempt.

Revenue Department guidance does not say when frequent trading becomes business income, and it does not address forks or NFTs specifically.

Withholding Tax

Section 50 of the Revenue Code requires the payer of section 40(4)(ซ) and (ฌ) income to withhold tax at 15%. In ordinary exchange trading, the Revenue Department has recognised that the exchange cannot identify the person receiving the income or the amount to withhold, so the conditions for withholding are not met and no withholding is required (press release 16/2565, January 2022).

The common claim that Thai exchanges deduct 15% on every profitable trade is therefore wrong. Withholding can still apply in other cases, for example where an identifiable payer pays a profit share from a digital token. Any tax withheld is credited against your annual tax when you file; there is no option to treat it as a final tax. For gains exempt under Regulation 399, the Revenue Department has not published crypto-specific guidance on withholding, although its rulings on other exempt income treat the payer as having no duty to withhold.

VAT

Transfers of cryptocurrency and utility tokens made on, through, by or to a licensed digital-asset exchange, broker or dealer are exempt from VAT under Royal Decree No. 788, effective from 1 January 2024. This replaced an earlier temporary exemption for licensed exchanges that ran until 31 December 2023. Investment tokens are covered by a separate exemption.

Holding, Swaps, Losses and Cost Records

Holding

A rise in the value of crypto you simply hold is not, by itself, a taxable transfer gain. Tax consequences can arise when you transfer or exchange the asset, or when you receive other income such as staking rewards or token benefits.

Crypto-to-crypto swaps

The Revenue Department treats a swap of one cryptocurrency or digital token for another as a sale by both sides, measured in baht. A swap is therefore a transfer. If it is made through a licensed Thai business and the income is received in 2025–2029, the gain falls within the exemption; otherwise the normal rules apply.

Losses

Ministerial Regulation No. 380 (2022) allows losses from transfers on licensed Thai exchanges to be set against transfer gains in the same tax year. This mattered mainly for taxable exchange gains before 2025. It does not extend to losses on foreign or decentralised platforms.

Cost records

Notice of the Director-General of the Revenue Department No. 424 requires cost to be calculated using a generally accepted accounting method, applied consistently for the year. The Revenue Department's manual names first-in first-out and moving average, calculated separately for each type of coin or token. Keep a record of every transaction, including date, amount, value in baht and the platform used.

Filing

For deadlines, thresholds and how to file, see the Thai tax filing guide.

Frequently Asked Questions

Are crypto gains tax-free in Thailand in 2026?
Some are. Gains from transferring cryptocurrency or digital tokens through a licensed Thai digital-asset exchange, broker or dealer are exempt from personal income tax for income received from 1 January 2025 to 31 December 2029. Other crypto income, such as staking rewards, token profit shares and crypto salary, is not covered, and transactions outside licensed Thai businesses do not qualify.
Are gains on a Thai-licensed exchange taxable?
Not if the gain comes from transferring cryptocurrency or digital tokens on a licensed Thai exchange and is received between 1 January 2025 and 31 December 2029. The exemption covers the amount above your investment. Income that is not a transfer gain, such as staking rewards, falls outside it.
What about a foreign crypto exchange?
Transactions on foreign exchanges do not qualify for the 2025–2029 exemption. Whether they are taxed in Thailand depends on whether the gain is Thai-source or foreign-source, your tax residence, when the income arose and whether it is brought into Thailand. Official guidance does not clearly settle how crypto gains on foreign platforms are sourced.
Is staking income tax-exempt?
Not under the 2025–2029 exemption, which covers transfer gains only. Revenue Department guidance treats returns from holding cryptocurrency, such as staking, as income under section 40(8), and benefits from holding digital tokens as income under section 40(4)(ซ).
Do Thai crypto exchanges withhold 15% tax?
Not on ordinary exchange trades. The 15% withholding duty under section 50 falls on the payer of the income, and the Revenue Department has recognised that an exchange cannot identify the payee or the amount in ordinary exchange trading. Withholding can still apply in other cases, such as profit shares from digital tokens.
What if I hold crypto without selling it?
A rise in the value of crypto you simply hold is not, by itself, a taxable transfer gain. Tax consequences can arise when you transfer or exchange the asset, or when you receive other income such as staking rewards or token benefits. A crypto-to-crypto swap counts as a transfer.
Do exempt crypto gains need to be reported?
Exempt gains should not be entered as taxable income. Specific Revenue Department guidance on whether they must still be shown on the return has not been identified, so keep exchange statements and cost records that show the gains qualify. Taxable digital-asset income must be reported under its income category.

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