Regulation
Cryptocurrency Regulation in Portugal 2024
Portugal is one of the oldest European countries. It was founded as early as 1143. Lisbon is the capital of the country. It is a tourist and infrastructure hub. The economic status of the country is advanced. It is a highly developed nation in every sense of the word. It has a significant reserve of gold and lithium. And it is an active exporter. Interestingly, the country is always eager to embrace new technologies and business opportunities. This is certainly one of the reasons why it remains one of the most powerful economies in the world. Its attitude towards crypto is also positive in nature. It is one of the most crypto-friendly nations in Europe. From liberal tax frameworks to crypto-friendly policies, the nation offers everything a crypto enthusiast aspires for. Interesting? Read on!
1. Cryptocurrency regulation in Portugal: an overview
Currently, there is no specific regulatory framework for cryptocurrencies in Portugal. Anti-Money Laundering (AML) and Anti-Terrorist Financing (CFT) regulations are the main ones that regulate cryptocurrency activities in the country at present. These regulations are actually guided by EU standards. Once the implementation of the Markets in Crypto-Assets Regulation (MiCAR) – an effort by the European Securities and Markets Authority to establish uniform EU market rules for crypto-assets – is completed, the country’s cryptocurrency regulatory framework will be clearer. The Portuguese legal environment has recently started to adapt to EU initiatives. The DLT pilot regime, which opens up new market opportunities in trading and financial instruments on distributed ledger technology (DLT), has been integrated into the Portuguese legal environment. In the country, cryptocurrency businesses must follow a registration process. The Bank of Portugal is the one that manages this registration process as well as the compliance of registered companies with AML/CFT regulations. Any crypto conversion above 1,000 euros is not possible for an entity, unless the required formalities, including the identification process, are met. The full implementation of MiCAR is expected to be completed by the end of the year. Some sensitive areas, such as sales and promotion, will remain in the gray area until then.
1.1. Regulation of crypto-asset markets by the European Securities and Markets Authority: knowing it better
The Markets in Crypto-Assets Regulation (MiCA) is a significant development in the European Union. It will enter into force in June 2023. Its main objectives are to strengthen market integrity and financial stability. It considers the creation of policies to better regulate the issuance and trading of crypto-assets as one of the main strategies to achieve this. It imposes transparency, disclosure, authorization and supervision of transactions. The authority responsible for implementing MiCA is the European Securities and Markets Authority. Currently, ESMA is developing technical standards through public consultations. MiCA is expected to enter into force by the end of 2024.
2. Cryptocurrency regulation in Portugal: what’s new
Here are the major developments in the cryptocurrency regulatory landscape this year.
March 27, 2024: Worldcoin faced a temporary ban in Portugal due to data privacy concerns.
April 12, 2024: Nova SBE Blockchain Club hosted the fourth Lisbon Blockchain Conference on April 24. The event explored the impact of blockchain technology on business and the economy.
April 26, 2024: Operation Samurai led to the arrest of an American national in the Greater Lisbon region. He was suspected of co-founding the Bitcoin Mixer Samourai Wallet. The platform was allegedly involved in the laundering of more than 100 million euros.
3. Explanation of the tax framework for cryptocurrencies in Portugal
Portugal is known for its “tax-free” policy. No capital gains tax or VAT is applicable for individual investors.
For professional crypto traders For frequent/short-term traders, the situation is slightly different. As of January 1, 2023, a new tax regime is in place under the Portuguese Personal Income Tax Code. The code classifies crypto income into three distinct categories: capital income, capital gains, and self-employment income.
Capital income refers to income from passive crypto investments, such as staking income. This income represents approximately 28%.
Capital gains apply if you sell cryptocurrencies held for less than a year. These gains are generally taxed at a flat rate of 28%. However, if your taxable income, including these gains, exceeds €78,834, the gains may be subject to progressive tax rates. These rates range from 14.5% to 53%.
Income from self-employment refers to income from self-employment activities related to cryptocurrency, such as mining. This also carries progressive rates ranging from 14.5% to 53%.
For companiesIncome from cryptocurrency operations is taxed as business income. If a company’s gross income from cryptocurrency operations was less than EUR 200,000 in the previous year, 15% of that income is taxable at progressive rates after deductions.
A unique aspect of Portugal’s tax regime is the “Exit tax.’ If you cease to be a tax resident, a 28% tax is applied to the difference between the market value and the acquisition cost of your crypto assets. This calculation is done using the first-in, first-out (FIFO) method.
4. Cryptocurrency Mining in Portugal: What You Need to Know
Cryptocurrency mining is not illegal in Portugal. Cryptocurrency mining in Portugal is subject to specific tax rules.
For individual miners, a fixed presumption of 5% of expenses is applied. If you earn 100 euros from mining, you are only taxed on 95 euros. But if you sell the mined cryptocurrency, you are taxed on 85% of the income.
For businesses, 95% of gross income from mining is taxable at progressive rates.
5. Chronology of the evolution of cryptocurrency regulation in Portugal
2016: Cryptocurrencies are not considered legal tender and are therefore not taxable.
August 2017: Law No. 83/2017 aimed at combating money laundering and the financing of terrorism.
July 2018: Law No. 38/2018 adopted the MiFID II requirements for the sale and promotion of crypto assets.
April 2020: Publication of the Action Plan for Digital Transition, promoting digital empowerment, business transformation and flexible regulations for technology testing.
August 2020: Directive (EU) 2018/843 incorporated into Law No. 83/2017, strengthening the country’s anti-money laundering and counter-terrorism financing framework.
August 2020: The Bank of Portugal has published a notice ordering the registration of virtual asset service providers.
December 2024: MiCAR must be fully implemented.
Endnote
With its progressive crypto regulatory framework and tax regime, Portugal stands out as a top destination for crypto enthusiasts. It is rightly considered the most crypto-friendly country in Europe. The upcoming implementation of MiCAR promises to improve this already strong framework. It is expected to foster an even more favorable environment for crypto activities. However, some gray areas and tax concerns remain, albeit minor compared to other countries in the region. Portugal could address these issues in the coming years. Once this is done, the country can become a leader in the global crypto market, assuming a more prominent role in the West.
Regulation
Crypto community gets involved in anti-government protests in Nigeria
Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the country’s cryptocurrency sector. As the general public demands sweeping governance reforms, crypto community leaders are seizing the opportunity to advocate for specific regulatory changes.
Rume Ophi, former secretary of the Blockchain Stakeholders Association of Nigeria (SiBAN), stressed the critical need to integrate crypto-focused demands into the broader agenda of the protests.
Ophi explained the dual benefit of such requirements, noting that proper regulation can spur substantial economic growth by attracting investors and creating job opportunities. Ophi noted, “Including calls for favorable crypto regulations is not just about the crypto community; it’s about leveraging these technologies to foster broader economic prosperity.”
Existing government efforts
In opposition to Ophi’s call for action, Chimezie Chuta, chair of the National Blockchain Policy Steering Committee, presents a different view. He pointed out The Nigerian government continued efforts to nurture the blockchain and cryptocurrency industries.
According to Chuta, the creation of a steering committee was essential to effectively address the needs of the crypto community.
Chuta also highlighted the creation of a subcommittee to harmonize regulations for virtual asset service providers (VASPs). With the aim of streamlining operations and providing clear regulatory direction, the initiative involves cooperation with major organizations including the Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN). “Our efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,” Chuta said.
A united call for support
The ongoing dialogue between the crypto community and government agencies reflects a complex landscape of negotiations and demands for progress.
While actors like Ophi are calling for more direct action and the inclusion of crypto demands in protest agendas, government figures like Chuta are advocating for recognition of the steps already taken.
As protests continue, the crypto community’s push for regulatory reform highlights a crucial aspect of Nigeria’s broader fight to improve governance and economic policies. Both sides agree that favorable regulations are critical to the successful adoption and implementation of blockchain technologies, signaling a potentially transformative era for Nigeria’s economic framework.
Read also : OKX Exchange Exits Nigerian Market Amid Regulatory Crackdown
Regulation
Cryptocurrency Regulations in Slovenia 2024
Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed greatly to its strong economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a prime destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current regulatory framework for cryptocurrencies support such aspirations?
Let’s explore Slovenia’s cryptocurrency regulations and see if they can propel the country to the forefront of the cryptocurrency landscape. My expectations are positive. What are yours? Before we answer, let’s dig a little deeper.
1. Cryptocurrency regulation in Slovenia: an overview
Slovenia is renowned for its innovation-friendly stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.
The regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency oversee cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s 5th Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.
2. Cryptocurrency regulation in Slovenia: what’s new?
Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:
July 25, 2024:Slovenia has issued a €30 million on-chain digital sovereign bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.
May 14, 2024:NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.
3. Explanation of the tax framework for cryptocurrencies in Slovenia
The Slovenian cryptocurrency tax framework provides clear guidelines for individuals and businesses. According to the Slovenian Financial Administration, the tax treatment depends on the status of the trader and the nature of the transaction.
- People:Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from transactions or market fluctuations are exempt from tax.
- Companies:Capital gains from cryptocurrency-related activities are subject to a 19% corporate tax. Value-added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions that are considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies alone. Tokens issued during ICOs must follow standard accounting rules and corporate tax law.
4. Cryptocurrency Mining in Slovenia: What You Need to Know
Cryptocurrency mining is not restricted in Slovenia, but income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both individuals and legal entities must comply with Slovenian tax regulations.
5. Timeline of the development of cryptocurrency regulation in Slovenia
Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:
- 2013:The Slovenian Financial Administration has issued guidelines stating that income from cryptocurrency transactions should be taxed.
- 2017:The Slovenian Financial Administration has provided more detailed guidelines on cryptocurrency taxation, depending on factors such as the status of the trader and the type of transaction.
- 2023:The EU adopted the Markets in Crypto-Assets (MiCA) Regulation, establishing a uniform regulatory framework for crypto-assets, their issuers and service providers across the EU.
Endnote
Slovenia’s approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting users’ rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continually improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.
Read also : Hong Kong Cryptocurrency Regulations 2024
Regulation
A Blank Sheet for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity
photo by Shubham Dhage on Unsplash
As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been more pressing.
With Vice President Kamala Harris now leading the charge on digital asset regulation in the United States, this represents a unique opportunity to start fresh. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gaming platforms like these. online casinos ukAccording to experts at SafestCasinoSites, these platforms come with benefits such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increase in adoption could propel the cryptocurrency market forward.
With this in mind, let’s look at the current state of cryptocurrency regulation in the United States, a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has stifled innovation as companies are reluctant to invest in the United States, fearing regulatory repercussions. A coherent and clear regulatory framework is urgently needed to realize the full potential of cryptocurrencies in the United States.
While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively looking into the cryptocurrency sector by adopting clear and supportive regulatory frameworks. This has led to a brain drain, with companies choosing to locate in more conducive environments.
Vice President Kamala Harris has a unique opportunity to change that narrative and start over. Regulation of cryptocurrencies. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.
Effective regulation of digital assets is essential to foster a safe and innovative environment. The key principles guiding this regulation are clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.
The benefits of effective cryptocurrency regulation are multiple and far-reaching. By establishing clear guidelines, governments can attract investors and mainstream users, driving growth and adoption. This can, in turn, position countries like the United States as global leaders in fintech and innovation. Strong safeguards will also increase consumer confidence in digital assets and related products, increasing economic activity.
A thriving crypto industry can contribute significantly to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many businesses such as tech startups, online casinos, and pharmaceutical companies, demonstrating that clear guidelines can open up new opportunities without stifling innovation. This is a great example of how regulation can allay fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the crypto industry to thrive, thereby promoting progress and prosperity.
Regulation
South Korea Imposes New ‘Monitoring’ Fees on Cryptocurrency Exchanges
Big news! The latest regulatory changes in South Korea are expected to impact major cryptocurrency exchanges like Upbit and Bithumb. Under the updated regulations, these platforms will now have to pay monitoring fees, which could cause problems for some exchanges.
Overview of new fees
In the latest move to regulate cryptocurrencies, the Financial Services Commission announced on July 1 the revised “Enforcement Order of the Act on the Establishment of the Financial Services Commission, etc.” update “Regulations on the collection of contributions from financial institutions, etc.” According to local legislation newsThe regulations require virtual asset operators to pay supervisory fees for inspections conducted by the Financial Supervisory Service starting next year. The total fees for the four major exchanges are estimated at around 300 million won, or about $220,000.
Apportionment of costs
Upbit, which holds a dominant market share, is expected to bear more than 90% of the total fee, or about 272 million won ($199,592) based on its operating revenue. Bithumb will pay about 21.14 million won ($155,157), while Coinone and GOPAX will contribute about 6.03 million won ($4,422) and 830,000 won ($608), respectively. Korbit is excluded from this fee due to its lower operating revenue.
Impact on the industry
The supervision fee will function similarly to a quasi-tax for financial institutions subject to inspections by the Financial Supervisory Service. The new law requires any company with a turnover of 3 billion won or more to pay the fee.
In the past, fees for electronic financial companies and P2P investment firms were phased in over three years. However, the taxation of virtual asset operators has been accelerated, reflecting the rapid growth of the cryptocurrency market and increasing regulatory scrutiny.
Industry reactions
The rapid introduction of the fee was unexpected by some industry players, who had expected a delay. Financial Supervisory Service officials justified the decision by citing the creation of the body concerned and the costs already incurred.
While larger exchanges like Upbit and Bithumb can afford the cost, smaller exchanges like Coinone and GOPAX, which are currently operating at a loss, could face an additional financial burden. This is part of a broader trend of declining trading volumes for South Korean exchanges, which have seen a 30% drop since the new law went into effect.
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