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Japan’s FSA Proposes Tax Exemption for Unrealized Crypto GainsThe Financial Services Agency (FSA) of Japan has taken the step of putting forward amendments that provide a notable tax exemption for unrealized gains on cryptocurrency holdings.Photo by Erik Eastman on UnsplashFSA proposalThe move is significant in that it spares domestic companies from the standard 30% corporate tax rate typically imposed on digital assets up until now. According to reports in local media, that proposal was detailed in a comprehensive 16-page document outlining various regulatory modifications.The most pivotal change within this document is the exemption of domestic companies from the annual “unrealized gains” tax on cryptocurrencies. Unlike some countries that only tax crypto assets when they are converted into fiat currency, Japan currently enforces an annual tax on these digital assets.2023 tax reform agendaThe proposed amendment has garnered support from the Ministry of Economy, Trade and Industry, indicating its potential passage. These discussions are part of Japan’s broader tax reform agenda for 2023, suggestive of the Asian nation’s interest in fostering a favorable environment for the blockchain and cryptocurrency industries.It is important to note that this tax exemption applies exclusively to companies that issue their own tokens and does not extend to entities solely involved in investing in other digital currencies. Additionally, individual crypto investors will still be subject to a maximum income tax rate of 55% on earnings exceeding JPY 200,000 ($1,355) related to cryptocurrency, categorized as “miscellaneous income.”The exemption is structured in a way that excludes these digital coins when assessing a company’s asset market value, provided specific conditions are met. Presently, Japanese law mandates that companies holding crypto assets must pay taxes on unrealized gains at the end of each tax period.To qualify for the tax exemption, a company must meet specific criteria outlined by the tax authority. Firstly, the company must be the issuer of the cryptocurrency in question. Additionally, it must retain continuous ownership of the crypto asset after issuance, while the asset itself remains subject to transfer restrictions.Blockchain ambitionsThis development aligns with Japan’s broader ambition to nurture and expand its blockchain and cryptocurrency sectors. Prime Minister Fumio Kishida recently articulated a vision for a “new form of capitalism,” emphasizing the importance of fostering innovation and growth in emerging industries, inclusive of the Web3 sector. As Japan moves forward with these changes, it signals its interest in creating a conducive environment for blockchain and crypto ventures to thrive.Over time Japan has been iteratively building a framework in respect of digital assets. In 2017 the country recognized Bitcoin as a legitimate property in accordance with the Payment Services Act (PSA). That same year, the Tax Agency classified crypto earnings as miscellaneous income. In 2020, crypto assets were included in Japan’s fund settlement law. Around the same time frame, the FSA brought in the requirement for crypto exchanges to register and obtain a license.These amendments also form part of a series of changes that the Japan Blockchain Association (JBA), an industry advocacy group, has been canvassing for. The proposed changes reflect a pragmatic approach to taxation, doing away with a paper profits taxation treatment in favor of a more progressive approach.

Dubai Regulator Suspends BitOasis’ Crypto LicenseDubai’s pioneering cryptocurrency exchange, BitOasis, has had its operating license suspended by the city’s cryptocurrency regulator for failing to meet key conditions within the required timeframes. The Virtual Assets Regulatory Authority (VARA) took enforcement action against BitOasis and initiated a review of the Dubai-based firm.BitOasis was granted a conditional license on April 12, which allowed it to operate on the condition that it met specific requirements within 30 to 60 days. However, the exchange has failed to fulfill these conditions, leading to the suspension of its license. VARA did not disclose the exact nature of the unmet conditions, but it stated that until they are satisfied, BitOasis’ “License for Institutional and Qualified Retail Investors” will remain non-operational.Photo by iridial on UnsplashFirst MVP broker-dealer license holderBitOasis had received the first “minimum viable product operational license” from VARA, enabling it to offer broker-dealer services to qualified institutional and retail investors in Dubai. This license represents a crucial step towards obtaining a full market product (FMP) license, but as of now, no firm has been issued an FMP license by VARA.To become eligible for the FMP license, BitOasis must fulfill the conditions specified in its current license, as outlined by VARA. The regulatory authority has emphasized its commitment to monitoring the situation for compliance remediation.OPNX reprimandThis recent development follows VARA’s reprimand of Su Zhu and Kyle Davies, the co-founders of the now-defunct crypto hedge fund Three Arrows Capital, in April. The duo had operated and promoted their new OPNX crypto exchange in Dubai without the necessary license, catching VARA’s attention.BitOasis addressed the regulatory concerns in a blog post on Tuesday, affirming its collaboration with VARA to meet the remaining conditions for the Operational MVP License. The exchange clarified that the issue with its license does not impact other services provided, such as broker-dealer services for existing retail users. It also took to Twitter on Tuesday to clarify the situation. The company has suspended new user registrations until further notice, presumably as it works towards meeting VARAs licensing requirements.BitOasis stated: “You can continue to use BitOasis with the assurance that your assets are safe, secure, and held at their full value on our platform, and our team will continue to cooperate with the Virtual Asset Regulatory Authority and fulfill all post-operational license terms, as well as working towards a full market product license.”The firm referred to the “unique challenges” that are associated with licensing and suggested that it is determined to address them and to “be a leader in the virtual assets sector.”The suspension of BitOasis’ license highlights the stringent regulatory environment in Dubai’s cryptocurrency sector. VARA is demonstrating that it remains committed to enforcing compliance and ensuring that crypto exchanges meet the necessary requirements. BitOasis must rectify the issues and meet the conditions of its license to regain its operational status and proceed towards obtaining the coveted full market product license in the future.

Newly founded bankruptcy claim trading platform OPNX has provided further details about the entities backing the fledgling startup. Taking to Twitter on Friday, Open Exchange CEO Leslie Lamb outlined a number of venture capital backers, with a mixture of international and Asia-centric firms among them. Global backersLamb’s tweet via the firm’s official Twitter account, together with a similar announcement published to the firm’s website, outlined AppWorks, a leading Taiwanese venture capital firm and startup accelerator, as an investor in the company. Other Asian backers include Hong Kong-based crypto fund, Token Bay Capital and the Hong Kong-based arm of one of China’s largest banks, China Merchant Bank International.With the firm based in Dubai, Middle-Eastern interest is represented through the involvement of Saudi digital asset fund, Tuwaiq Limited. Otherwise, the company lists a number of other international backers, including US equity options exchange MIAX Group, DeFi-focused venture and trading firm Nascent, top tier global venture capital firm Susquehanna and the investment arm of market maker and early stage investor, DRW. Questionable founding teamOnly hours after the disclosure by Open Exchange, DRW reached out to CoinDesk to confirm that it is not an investor in the bankruptcy claims exchange. Nascent and Susquehanna also denied that they are involved. The companies are still being listed by OPNX as backers of the project on its website.The launch of OPNX has been mired in controversy from the outset as its founding team includes the founders of the former crypto hedge fund Three Arrows Capital (3AC) which failed spectacularly in 2022. Su Zhu and Kyle Davies, the founders of 3AC are now the founders behind OPNX. Before their involvement, OPNX was preceded by Seychelles-based crypto yield platform CoinFLEX. That business also failed during the 2022 crypto bear market. It entered into a restructuring process with the consent of the courts in the Seychelles. Emerging from it is OPNX with the 3AC duo of Zhu and Davies having gotten involved at that point. Industry push-backMany in the crypto space have been highly critical of the development of OPNX on the basis of the involvement of both Zhu and Davies. The duo are being blamed for the collapse of the crypto hedge fund due to mismanagement and the knock on effects the firm’s demise had on other entities within crypto. Many of the series of crypto lenders who failed at a later stage in 2022 had major exposure to the wayward hedge fund.There had been some speculation as to who was backing the new project. Earlier this month, BitMEX co-founder and former CEO Arthur Hayes claimed that the 3AC duo had received substantial funding from Bahrain’s sovereign wealth fund to establish the project. In February, Hayes suggested that the crypto bull market must be starting based on news of Zhu and Davies wanting to launch the OPNX platform.Crypto-focused venture capitalist Michael Arrington also spoke out around that time, stating on Twitter, that 3AC founders successfully raising capital for their latest venture was “the saddest bulls**t I’ve heard in a long time.”Upon its launch earlier this month, industry commentators quickly declared the project a flop citing a trading volume of $13.64 on its first day of trading. Five days in, OPNX made light of the situation, declaring a win on the basis that it had progressed to $12,398 in trading volume, representing a 90,000% increase in trading.Dubai’s Virtual Assets Regulatory Authority (VARA) issued an investor and marketplace alert on April 12 stating that while OPNX may be Dubai-based, it is not regulated by VARA and instead operates on an unregulated basis. It warned investors against using any unregulated crypto entity.