publication
2026-04-21 10:20
ZondaCrypto customers found themselves in a trap with no way out. Even though their funds are frozen and they have no access to them, tax law remains inexorable. Sales transactions from 2025 mean the obligation to pay Belka tax.
The number of injured ZondaCrypto customers is growing. Some of them will most likely face a double problem. Investors who sold cryptocurrencies at a profit in 2025 are legally obliged to pay Belka tax this year. However, what if they don't have access to their money?
– The ZondaCrypto case shows a loopholewhich Polish tax law is dealing with on such a scale for the first time. The exchange's clients sold cryptocurrencies at a profit, but their money is simply gone. They can't pay them out. And here a dramatic paradox appears tax law says that tax is due because the sale transaction took place. But to pay tax, you need to have money, and stock exchange clients do not have this – points out Piotr Juszczyk, Chief Tax Advisor at inFakt.
According to the expert The concept of “making resources available” is crucial in this matter. Tax revenue, in accordance with the Personal Income Tax Act, arises when the taxpayer can actually dispose of the money.
“Payers (…) are obliged to collect flat-rate income tax on payments (benefits) made or money or monetary values placed at the taxpayer's disposal in respect of (…)” – Art. 41 section 4 of the Personal Income Tax Act.
– If the exchange blocks them, there is a real scope for defense against the tax authorities. In this case, it can be argued that the revenue has not yet been generated because the funds were never within the taxpayer's reach. However, this is not a sure path – he points out Piotr Juszczyk.
“Tax law was not written with collapsing stock markets in mind”
– Tax authorities may interpret the regulations differently. Therefore, in my opinion, the injured ZondaCrypto client in such a situation should, in addition to collecting evidence and prosecutor's reports, apply for an individual interpretation. This situation is precedent-setting. Polish tax law was not written with failing cryptocurrency exchanges in mind. I hope that the Ministry of Finance will take a position on this matter. Taxpayers who find themselves in this situation through no fault of their own deserve clear guidance, not uncertainty – emphasizes the Bankier.pl interlocutor.
