Cryptocurrencies are legal in Equatorial Guinea, though the country has not established a specific legal framework or classification for them. Instead, digital assets are generally treated under existing tax laws, likely falling into categories such as property or capital assets. This means that while engaging in crypto activities is permitted, dedicated regulations are absent, and general tax principles are applied. The primary authority responsible for taxation in Equatorial Guinea is the Ministry of Finance and Budgets, known as MINHAP. As a member of the CEMAC economic community, Equatorial Guinea aligns with its general tax harmonization efforts, but the specific interpretation and application of tax law to crypto falls to domestic authorities. For individual investors, all income and gains derived from cryptocurrency are subject to a flat personal income tax rate of 35%. This rate applies to profits realized from selling crypto for fiat currency. There is no distinction or beneficial rate for long-term versus short-term holdings, all capital gains are taxed at the same 35%. Corporations involved in crypto activities face a 35% corporate tax rate. The application of Value Added Tax (VAT) to crypto transactions remains unclear, general VAT rules may apply to related services, but no specific rate for crypto itself has been defined. Specific crypto activities are also addressed under these general tax principles. Rewards from staking are taxed as ordinary income at the 35% individual rate. Mining operations are considered a business activity, with income taxed at 35%, equipment and electricity costs associated with mining are deductible. While official guidance for Decentralized Finance (DeFi) activities is not available, yields from DeFi are likely taxable as income or gains. Non-fungible tokens (NFTs) are treated as property, meaning any gains from their sale are subject to general asset rules. Similarly, crypto-to-crypto exchanges are likely considered taxable events under the country's general asset exchange principles, requiring any gains to be recognized and taxed.
Tax Rates
| Effective individual rate | 35 |
| Capital gains tax | 35% flat rate, no distinction between holding periods |
| Income tax on crypto | 35% as ordinary income |
| Corporate tax | 35% |
| VAT | Unclear, general VAT may apply to services |
Activity Taxes
| Staking | Taxed as ordinary income at 35% |
| Mining | Business income at 35%, equipment and electricity costs deductible |
| DeFi | Likely taxable as income, no official guidance available |
| NFTs | Taxed as property gains under general asset rules |
Taxable Events
| Crypto → Fiat | Taxable event, gains taxed as income |
| Crypto → Crypto | Likely taxable under general asset exchange principles |
Holding Period
| Holding period benefit | None |
Sources