Hong Kong Setting High Bar on Crypto Rules

Mammoth Foundation signs deal with the Philippines’ AFAB for blockchain business collaborationThe Mammoth Foundation, a blockchain research and development company, announced on Thursday that it has signed a memorandum of understanding (MOU) with the Authority of the Freeport Area of Bataan (AFAB) of the Philippines to establish business partnerships in the blockchain field. Under this agreement, the Mammoth Foundation intends to bring its blockchain technology to the Philippines as a part of efforts to expand its global business.Photo by Sean Yoro on UnsplashFostering innovation in the PhilippinesAFAB is a free economic zone in the Philippines dedicated to pushing development, economic growth and sustainability through creating jobs and establishing technologically-relevant infrastructure systems. In particular, it is focusing on the adoption of cutting-edge technologies such as blockchain, artificial intelligence (AI) and fintech. As one of the oldest free economic zones in Asia, companies residing in the zone are granted preferential measures such as tax exemptions and special visas. Firms that operate innovative businesses can also receive licenses to support the development of the global IT industry — the Mammoth Foundation being one of these.Global expansion and daily engagementHeadquartered in Singapore with offices in the United Kingdom and several Asian countries, the Mammoth Foundation offers dApps in a range of fields such as healthcare, e-commerce, entertainment and gaming through its mainnet Giant Mammoth Chain (GMMT). GMMT is built on the BNB Chain Application Sidechain and is fully compatible with the Ethereum virtual machine (EVM).Participants in GMMT can acquire token rewards through Play-to-Earn (P2E) and Life-to-Earn (L2E) mechanisms by participating in everyday activities and hobbies like walking, shopping, gaming and reading comics. These tokens can then be used within the Mammoth ecosystem.“The Philippines’ market for advanced technologies such as AI and blockchain is expected to grow in the future,” said John Baek, Chairman of the Mammoth Foundation. “We will strive to expand GMMT globally.”

HKX management has advised Hong Kong resident users of the platform to withdraw assets following the company’s decision to halt operations in Hong Kong.  The company publicized its decision on July 18, making the following statement on its website: “We would like to inform you that our management team has, after careful consideration, decided to withdraw our application for the Type 1 and Type 7 licenses under the Securities and Futures Ordinance (Cap. 571) and the virtual asset service provider license under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615).”Photo by Zhe ZHANG on UnsplashCompliance strugglesHKX’s exit from Hong Kong is the latest in a series of crypto exchange withdrawals from the Chinese autonomous territory. Other exchanges such as OKX, KuCoin, Gate.io and Binance had all bowed out back in May.  HKX initially applied for a Hong Kong license in February. However, like many others, the exchange failed to comply with Hong Kong’s regulatory requirements. While Hong Kong has been making a concerted effort to establish a regulatory framework and licensing system in order to create the conditions for it to become a crypto hub, it has also been grappling with making regulations strict enough to stamp out fraud in the wake of the JPEX exchange scandal. With that, it appears that many exchanges are finding the regulatory requirements difficult to live with. Originally, 24 exchanges had applied for a virtual asset trading platform (VATP) license. As it stands today, 12 of those original applicants have dropped out, with one more having its application returned with no clarity emerging as to the reason why. HKX has suspended new user registrations. The company’s management has not suggested that they will reapply for a license and reboot the service at a later stage. The company had flagged its intentions back in May, suspending trading and deposit services on May 29. OKX announced on May 24 that it was withdrawing from the Hong Kong market, citing a review of its business strategy. Around the same timeframe, Gate.io withdrew from the market in Hong Kong having failed to achieve compliance in accordance with the new licensing requirements.  Notwithstanding that outcome, the firm suggested that it planned to revamp its platform in line with the Chinese autonomous territory’s licensing requirements, and return to the market once that had been achieved. In a notice posted to its website on May 22, it stated: “Gate.HK is actively working on the aforementioned overhaul. We plan to resume our business in Hong Kong in the future and contribute to the virtual asset ecosystem after obtaining the relevant licenses.” That overhaul has yet to be completed as right now, the platform only allows the withdrawal of funds by its previous Hong Kong-based customers. Back in May 2023, Eddie Yue, the CEO of the Hong Kong Monetary Authority, suggested that there would be no light touch regulation in Hong Kong. HashKey Exchange, alongside OSL, was the first business to secure licensing under the new framework. In April, HasKey CEO Livio Weng told the Financial Times that these regulations block access to overseas investors while the local market in Hong Kong isn’t very big. It emerged in recent weeks that Hong Kong regulators are reviewing whether crypto regulation is “excessively stringent.” 

While Indonesia has been recognized as one of the world's swiftest embracers of cryptocurrencies, it has faced a notable setback more recently, with a 60% decline in transaction volumes on local exchanges compared to the preceding year. High taxesIn a recent report by CoinDesk Indonesia, the publication speculates that the imposition of high taxes may be a pivotal factor dissuading traders and impacting the overall market dynamics. Indonesia’s tax system treats crypto assets as commodities, with the burdensome taxes arising as a direct consequence of that classification. The tax framework in Indonesia subjects crypto assets to both income tax and value-added tax (VAT), treating them akin to commodities. Leading crypto exchanges in the country reveal that the cumulative tax load on each transaction could surpass the trading fees imposed by exchanges, potentially discouraging users from engaging in crypto transactions. Oscar Darmawan, the CEO of the leading Indonesian crypto exchange INDODAX, told CoinDesk that users bear an income tax of 0.1% and a VAT of 0.11% on every crypto transaction. Additionally, exchanges are required to remit a 0.04% fee to the recently established national crypto bourse. Darmawan clarified that “this places a significant financial burden on the domestic crypto industry." expresses Darmawan in an interview with CoinDesk Indonesia, underscoring the challenges faced by the industry due to the current tax structure.Photo by Nataliya Vaitkevich on PexelsAn international issueThe tax treatment of digital assets has been a bugbear for the crypto space on an international basis. In Japan, it arose last month that the country’s lawmakers were considering applying an exemption for companies from paying taxes on unrealized cryptocurrency gains. It has since transpired that such an amendment will be applied to its fiscal 2024 tax reform plan. India has applied a heavy tax burden where crypto is concerned, with a 30% tax applied to capital gains relative to the sale of crypto assets. Additionally, 1% taxation applies by way of a tax deducted at source (TDS) on crypto transactions. The use of cryptocurrency for the purchase of goods and services in the United States remains a stumbling block, given that the current tax code treats such a scenario as a taxable event. Last year, two U.S. senators attempted to address that issue, by including a $200 exemption for purchases made with cryptocurrency. Calls for crypto asset reclassificationIn response to this dilemma in Indonesia, some stakeholders within the local crypto industry advocate for a paradigm shift in the classification of crypto assets. They propose treating crypto as securities instead of commodities, anticipating that this alteration could alleviate the tax burden on users. Yudhono Rawis, the CEO of the exchange platform Tokocrypto, asserts: "Both stocks and crypto are tradable assets with profit potential … Thus, implementing the same tax regime for both these investment instruments would be more equitable and consistent." The industry anticipates regulatory changes in the near future, as crypto oversight in Indonesia is set to transition from the commodities regulator to the Financial Services Authority (OJK) in January 2025.