Korean Gov’t Encourages Discussions on Tax Imposition within the Metaverse

Binance announced on its blog on Sept 9 that its Indonesian subsidiary company, Tokocrypto, had secured a Physical Crypto Asset Trader (PFAK) license from the Southeast Asian country’s regulator, Bappebti. Compliant global growthThe company put itself forward as a candidate for licensing in 2019, and with the licensing award, it became the third crypto entity to be licensed. In its post on Binance Square, Binance claimed that the “PFAK license strengthens Tokocrypto’s position as a regulated and trusted platform in Indonesia's Web3 ecosystem.”  It called the five-year process “rigorous,” indicating that the license acquisition was critical not just for Tokocrypto but also relative to the overall development on Indonesia’s crypto and Web3 industry. The licensing now enables the company to trade as a fully authorized physical crypto asset trader in Indonesia. The licensing award comes just days after it was reported that Binance is inching ever closer to obtaining a full trading license in Kazakhstan, indicating that the company is expanding its global presence in a compliant manner. This development is likely to be significant for Binance and its subsidiary in terms of global growth efforts, given that a 2023 Chainalysis report found that ranked in terms of the pace of crypto adoption, Indonesia was placed seventh, making it an important market for the company.Photo by Fahrul Razi on UnsplashBinance CEO Richard Teng commented on the development, stating:“Binance is committed to fully supporting Tokocrypto in its mission to drive the growth of the Web3 ecosystem in the region.” Tokocrypto CEO Yadhono Rawis classed the company becoming “the third exchange to receive [a] PFAK license in Indonesia” as an important achievement in a “market which has 35 prospective crypto exchanges registered with Bappebti.”  Growing user-baseIn its Binance Square post, Binance also highlighted that Tokocrypto’s user base has now grown to 4.5 million users. Additionally, Tokocrypto is responsible for 43% of crypto trading within the Indonesian market in 2023, according to CoinGecko data. It’s understood that Binance has held a majority stake in Tokocrypto since a very early stage in the firm’s development.  Crypto tax revenue surgeRecently published data revealed that tax revenue generated through Indonesia’s crypto sector has surged. It appears that tax revenues have increased despite calls for the authorities to implement crypto tax policy reform. Earlier this year CoinDesk Indonesia speculated that high crypto taxation rates were responsible for a slump in crypto-related tax revenues. In March reports emerged that crypto transactions had increased by over 200%, with Tokocrypto’s Rawis attributing the uptick to a recovery in the Bitcoin unit price across all markets. In early 2025, it’s expected that crypto industry oversight will be transferred from Bappebti to the Financial Services Authority (OJK). With that, it’s thought that some changes may be made to how crypto-related taxes are applied.

Korea to Tighten Scrutiny of Crypto Exchange Shareholders Amid Rising ConcernsSouth Korea’s financial regulator is stepping up efforts to evaluate the qualifications of majority shareholders of cryptocurrency exchanges, according to a report by local news outlet Newsis. This initiative follows instances where majority shareholders of local exchanges, including Bithumb, found themselves embroiled in criminal proceedings. Drawing parallels with the banking sector, the regulator is scrutinizing the credentials of majority shareholders to ensure compliance and integrity within the cryptocurrency exchange landscape.Photo by Terrence Low on UnsplashRevamping reporting requirementsThe Financial Intelligence Unit (FIU) under the Financial Services Commission recently set up a task force to revamp the reporting requirements for crypto exchanges.The upcoming requirements are anticipated to be integrated into the reporting forms that cryptocurrency exchanges must complete, starting in October of next year. Essentially, these stipulations will determine whether existing exchanges, such as Upbit, Bithumb, and Coinone, can sustain their operations in the future.Periodic evaluationAccording to the Enforcement Decree of the Financial Transaction Reports Act, all virtual asset service providers (VASPs), including exchanges, are mandated to submit a renewal report every three years. Upbit, having been the first to submit its initial report in October 2021, will join other crypto exchanges in updating their reports in October 2024.A majority shareholder qualification assessment is a process in which the government periodically checks whether majority shareholders have the necessary qualifications to operate a financial company. Through this process, the FIU aims to curb potential illicit activities by majority shareholders, who hold significant sway over cryptocurrency exchange operations, thereby mitigating any potential harm to the users.Regulatory grey areaThis measure emerged from concerns that majority shareholders of exchanges have existed in a regulatory grey area. In fact, under the Financial Transaction Reports Act, only exchange representatives and registered officers are required to report and undergo examination when declaring VASPs. This leaves the actual owners and controllers — the majority shareholders — unidentified and unexamined.The current circumstances involving VASPs are markedly different and more concerning compared to other financial sectors. In the banking sector, restrictions are placed on share ownership and voting rights if majority shareholders have breached financial laws or if they are capital entities forbidden from owning a bank. Similarly, online peer-to-peer lenders and large lenders are also under obligation to have their majority shareholders scrutinized, as they fall under analogous regulations.Fraud and manipulation allegationsThe heightened scrutiny is also thought to have been sparked by recent allegations of fraud and market manipulation involving some majority shareholders of Korean exchanges. For instance, Mr. Kang Jong-hyun, a majority shareholder of Bithumb, is currently facing a criminal trial for allegations of fraudulent and unfair trade activities under the Capital Markets Act. Additionally, Song Chi-hyung, the majority shareholder of Upbit and chairman of Dunamu, is facing a Supreme Court trial over alleged price manipulation through wash trading.Moves to amend legislationMeanwhile, efforts are underway in the National Assembly to amend the existing legislation. Yun Chang-hyun, a lawmaker from the ruling People Power Party and a member of the National Policy Committee, has recently proposed a bill to revise the Financial Transaction Reports Act. The amendment seeks to implement a majority shareholder screening system for VASPs.The proposed amendments would obligate VASPs, including crypto exchanges, to disclose information about their majority shareholders in their reports, thereby enabling the FIU to scrutinize any past financial crimes or economic offenses committed by these majority shareholders.

Indian Supreme Court Scolds Government over Crypto Regulation DelayThe Indian Supreme Court did not mince words recently as it criticized the Union government for its failure to establish clear cryptocurrency regulations in the country.Photo by Studio Art Smile on PexelsLack of crypto clarityThat’s according to a report published by local media outlet, the Hindustan Times, on Friday. It’s understood that the Supreme Court is frustrated with regard to the lack of guidelines surrounding cryptocurrencies. That frustration has arisen as crypto is increasingly coming to the attention of the courts due to it being associated with a rising number of criminal activities.The court directed the government to provide information about any plans to set up a dedicated federal agency to investigate crypto-related crimes. During the proceedings, Justices Surya Kant and Dipankar Datta expressed their disappointment, pointing out the absence of any concrete laws pertaining to cryptocurrencies.Crypto bill failingsThe context for the court’s remarks was the ongoing hearing of petitions related to cryptocurrency fraud cases across different states in India. In light of the gravity of these cases, the court demanded a response from the government regarding its capability to establish an effective mechanism to investigate crypto-related crimes.The struggle for clear and comprehensive crypto regulations in India has been long-standing. As far back as 2018, the government was instructed by the Supreme Court to draft a crypto bill, but progress has been slow. The government has continually promised to provide legislative clarity over the past few years. Despite this, the final draft of the crypto bill has not been produced.Crypto taxesGovernments may drag their feet when it comes to regulatory clarity relative to unfolding innovations but they’re far more responsive when it comes to taxes. The Indian government acted swiftly to impose crypto taxation laws, which took effect in April 2022.During that bull market period, India emerged as one of the leading crypto markets, witnessing the rise of several crypto unicorns and significant trading volumes amounting to billions of dollars. However, the introduction of tax laws had an adverse impact on the thriving crypto industry. Added to that, the lack of regulatory clarity caused many established firms to relocate from India, seeking more favorable environments for their operations.Market potentialDespite the government’s lethargic legislative response and heavy-handed tax policy, there are still reasons for optimism with regard to the development of crypto in India. India’s fintech sector is the third largest in the world, driven more recently by rapid digital adoption, together with efforts to bring about financial inclusion.Last month, Xapo Bank, a Gibraltar-based crypto bank, was sufficiently encouraged by the potential offered in India to enter the Indian market. Earlier this week, the world’s largest asset manager, BlackRock, announced that it was partnering with Jio Financial and re-entering the Indian market after a six-year hiatus.The move could have implications for crypto in India given that BlackRock has changed its tack on crypto, having recently filed an application to launch a bitcoin exchange-traded fund (ETF) in the United States.Notwithstanding these developments, concrete regulatory guidelines will not only protect against criminal activities but also foster a conducive environment for legitimate innovation and growth in the cryptocurrency space.