The tax qualification of a Binance account depends on a parameter that most guides overlook: the legal entity to which your account is linked. Since the registration of Binance France SAS as a Digital Asset Service Provider (DASP) with the AMF, two regimes coexist depending on whether your account falls under the French entity or a foreign entity of the group.
French DASP entity or foreign account: the criterion that changes everything
Binance operates through several entities worldwide. When your account is linked to Binance France SAS, registered as DASP, you do not need to fill out form 3916-bis intended for accounts held abroad. The account is then treated as if it were opened with a French provider.
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On the other hand, if your account was created before the establishment of the French entity, or if it remains linked to an entity based outside France (Malta, Ireland depending on the periods), form 3916-bis remains mandatory. We recommend checking this point directly in your Binance account settings, in the legal information or general terms section, where the contracting entity is mentioned.
The declaration of a Binance account to the tax authorities is therefore not limited to ticking a box: it first requires identifying the legal entity in front of which you find yourself.
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Form 3916-bis for a foreign Binance account: technical fields to fill out
Form 3916-bis requests information that Binance does not always provide in an obvious manner. Identifying the account number is often problematic: Binance does not assign an IBAN or a traditional bank account number. We observe that the tax administration accepts the user ID (User ID) visible in the account settings.
The address of the establishment to be provided depends on the contracting entity. If your general terms mention a Maltese company, it is the Maltese address that should be indicated, not the address of Binance France’s Paris offices.
- Account number: use your Binance User ID, accessible in your profile settings
- Designation of the organization: the exact name of the entity listed in your general terms (for example, Binance Holdings Limited)
- Address of the organization: address of the registered office of this entity, not that of Binance France SAS
- Date of opening: the date your account was created, visible in the profile history
Failing to submit this form exposes you to a fine for each undeclared account. The penalty applies per year and per account, which can quickly represent a significant amount in case of forgetfulness over several financial years.
Crypto capital gains and forms 2086 and 2042 C: distinguishing holding and transfer
Holding cryptocurrencies on Binance does not generate any taxation in itself. Only the transfer of digital assets for a currency with legal tender triggers the tax event. An exchange between two cryptocurrencies (BTC to ETH, for example) is not a taxable event.
Form 2086 is used to detail each taxable transfer of the year. For each transaction, you must provide the date, the transfer price, the total acquisition price of the portfolio, and the fraction of the portfolio transferred. The calculation of the capital gain follows a precise formula:
Capital gain = transfer price – (total acquisition price x transfer price / total portfolio value). This so-called “pro-rata” method requires knowing the total value of your portfolio at the time of each transfer, across all digital assets, not just those held on Binance.
The net amount of capital gains (or losses) is then reported on form 2042 C, in the boxes dedicated to digital assets. The default regime is a flat tax of 30%, but it is possible to opt for the progressive income tax scale if your marginal rate is lower.
Staking, lending, and airdrops on Binance: the unknown tax trap
Income from staking, lending, or earn programs offered by Binance poses an additional difficulty. These incomes do not fall under the capital gains regime for digital assets but may be classified as income from movable capital or non-commercial profits depending on their nature and frequency.
The distinction rests on the passive or active nature of the operation. Simple staking on a proof-of-stake protocol, done occasionally, tends towards BNC qualification. Rewards received in the form of tokens constitute taxable income at the time of receipt, evaluated at their value in euros on that date.
Free airdrops are also taxable upon receipt if you can dispose of them freely. Failing to declare them on the grounds that they were not “purchased” is a common mistake.
Reconstructing a usable Binance history for the tax authorities
Binance allows you to export the complete transaction history in CSV format. We recommend downloading this export before each reporting period, as the depth of the online accessible history may vary.
- Access the “Transaction History” section then “Generate a complete statement”
- Select the relevant fiscal year and all types of operations (spots, earn, staking, withdrawals)
- Ensure that the amounts are correctly listed in the reference currency of your account
The raw file is not enough: you must then consolidate the data to calculate the total acquisition price of the portfolio at each transfer date. Specialized tools like Waltio automate this calculation, but always check the consistency between the Binance export and the generated tax report.
Declaring a Binance account to the tax authorities involves several forms and requires a level of documentation rigor that goes beyond simple income declaration. Identifying the contracting entity, qualifying each operation, and maintaining a usable history are the three pillars of a compliant declaration. A late downloaded export or a poorly identified entity is enough to turn a simple administrative obligation into a costly reassessment.