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Crypto & Financial Crime | England & Wales

HMRC and crypto tax: reporting rules, letters, disclosure and criminal risk

Since 1 January 2026, crypto platforms collect UK users' details and transactions for reporting to HMRC. If your past crypto gains or income were not declared, acting before HMRC does matters.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Under the Cryptoasset Reporting Framework, UK reporting cryptoasset service providers have collected user and transaction data since 1 January 2026, with the first reports due to HMRC by 31 May 2027. Overseas platforms in participating countries will share data too. Selling, swapping or spending crypto is usually a disposal for capital gains tax, and some activity is taxed as income. HMRC has a dedicated online disclosure service for unpaid crypto tax. Disclosure periods can reach 20 years where the failure was deliberate. Most cases are civil, but HMRC can investigate criminally where it suspects deliberate evasion, and early, accurate disclosure is the best protection.

Legal issues

What HMRC will see

User identity, tax residence and transaction summaries from reporting platforms, combined with bank data and other sources.

Civil and criminal routes

  • Nudge letters and compliance checks: requests to review your returns.
  • Voluntary disclosure through HMRC's crypto disclosure service, with tax, interest and penalties.
  • Code of Practice 9 for suspected serious fraud, a civil route.
  • Criminal investigation, reserved for cases where HMRC considers criminal sanction appropriate, such as deliberate concealment.

Time limits for HMRC to assess tax are generally four years, six for carelessness and twenty for deliberate behaviour.

Evidence that matters

  • Full transaction exports from every exchange and wallet, including closed accounts.
  • Bank records showing fiat deposits and withdrawals.
  • Records of staking, mining, airdrops and DeFi activity.
  • Any earlier calculations or software reports used.

Reasonable lines of enquiry

Reconstruct each tax year, apply the share-pooling rules, and identify whether losses or allowable costs reduce the liability. Assess honestly whether past failures were innocent, careless or deliberate, since that drives penalties and the disclosure period.

What happens next

If you disclose voluntarily, HMRC reviews the figures and may ask questions. If HMRC opens an enquiry or investigation first, the route it chooses shapes your response. If you are invited to a criminal interview under caution, do not attend without a solicitor. See HMRC criminal investigations.

Immediate steps

  • Do not ignore an HMRC letter about crypto.
  • Do not delete accounts or records.
  • Get legal advice before any disclosure if the conduct could be seen as deliberate, so the disclosure does not create avoidable criminal risk.

What should you send us?

Send any HMRC letter, the tax years affected and the name of your accountant if you have one.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise on disclosure strategy where criminal exposure is possible, act in HMRC criminal investigations and COP9 matters, and coordinate with your accountant on the figures. See fraud and financial crime.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Will HMRC know about my crypto?

Increasingly, yes. Reporting platforms have collected UK users' data since January 2026 for reporting to HMRC, and international exchange of data is following.

Is swapping one coin for another taxable?

Usually yes. A crypto-to-crypto exchange is generally a disposal for capital gains tax, even if you never cashed out to pounds.

Could I be prosecuted?

Most crypto tax cases are dealt with civilly. HMRC can investigate criminally where it suspects deliberate evasion. Prompt, complete disclosure reduces that risk.

NEXT STEP

Discuss a crypto tax problem in confidence

Tell us whether HMRC has written to you and which years are affected. Call 0843 636 7687 or email [email protected]. We reply the same working day.

Discuss a crypto tax problem in confidence