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Japan mulls unrealized crypto gains tax exemption

Policy & Regulation·December 07, 2023, 12:52 AM

Japanese lawmakers are currently in discussions about a proposal that could exempt companies from paying taxes on unrealized cryptocurrency gains.

Photo by Joshua Tan on Unsplash

 

Reforming aggressive crypto tax policy

The plan is anticipated to be incorporated into the fiscal 2024 tax reform agenda, according to a report published by Nikkei Asia on Wednesday.

Up until now, Japan has had some of the most aggressive tax rates where cryptocurrencies are concerned when compared internationally. At the moment, corporations have to pay a 30% tax on crypto holdings regardless of whether they’ve sold those digital assets or not. The policy has been criticized broadly by crypto sector participants in Japan. It is seen as inequitable, considering that Japan taxes profits from stocks at a flat 20%.

 

Corporate tax exemption

The proposal, currently under deliberation by Japan’s ruling coalition, specifically targets Japanese companies holding digital assets for purposes other than short-term trading. If approved, these firms may be granted an exemption from corporate tax, contingent on mark-to-market valuations at the close of the fiscal year.

Mark-to-market valuations involve assessing the fair values of assets with periodic fluctuations, such as cryptocurrencies. This exemption is expected to benefit various entities, including venture capital (VC) firms, non-fungible token (NFT) businesses and other blockchain companies holding cryptocurrencies for payment purposes. Additionally, crypto issuers, who are also crypto holders, would not be subjected to these taxes.

Policymakers from the Liberal Democratic Party and the ruling coalition partner Komeito engaged in discussions on Tuesday regarding these potential tax exemptions.

 

Bringing clarity to crypto taxation

This move is part of Japan’s ongoing efforts to bring clarity to crypto taxation. In June, the National Tax Agency clarified that crypto issuers in the country would not be liable to pay capital gains taxes on unrealized gains, fostering a more conducive environment for crypto-related businesses.

Japan has been actively reviewing its crypto tax policies since last year, aiming to incentivize companies to stay in the country. This initiative follows the departure of several startups due to heavy tax burdens.

 

Industry reaction

With news of this potential Japanese crypto tax reform breaking, crypto community members haven’t wasted any time in providing their thoughts. Taking to the X social media platform, Sota Watanabe, the founder of the Astar Network multichain dApp hub, wrote:

”Good move. This is what I requested multiple times to the government over years. Once this issue is solved this year, all companies, especially big enterprises, can hodl crypto like ASTR much easier. Japan weighs ending tax on some corporate crypto holdings.”

Former Goldman Sachs Portfolio Manager and Web3 investor, Steve Lee, said that this is “another big move in Japan that would help enterprises push their crypto business.”

The Financial Services Agency (FSA), Japan’s top financial regulator, recently submitted legislation-change requests to the government, seeking alterations to the taxation of domestic crypto firms. Critics argue that the existing rule has impeded innovation in the crypto-asset and blockchain sectors, placing an undue burden on companies.

On Oct. 16, major businesses in Japan, through the Japan Association of New Economy (JANE), urged the government to implement crypto tax reforms in 2024. Their appeal emphasizes the potential for reduced tax rates to stimulate growth and increase tax revenue.

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Policy & Regulation·

Sep 30, 2024

MiCA may force crypto firms into Middle East relocation

The European Union (EU) introduced its Markets in Crypto Assets (MiCA) regulation in June of last year, refining the EU bloc’s stance relative to digital assets. However, one crypto sector entrepreneur believes that the regulatory framework may force crypto startups to relocate to the Middle East. In an interview with Cointelegraph, Anastasija Plotnikova, co-founder and CEO of Fideum, a blockchain infrastructure company geared towards institutions, outlined that the application of this regulatory framework by EU member states may have some unintended consequences.Photo by Christian Lue on UnsplashCentralization concernsWhile Plotnikova welcomes the legitimization of crypto through regulation as a net positive for the sector, she warns that this particular regulatory framework could lead to consolidation among crypto firms. That would mean a reduction in the overall number of Web3 enterprises in Europe and as a consequence, increased risk of centralization in an industry that is supposed to be all about decentralization. Whilst the regulatory framework was introduced last year, it's not due to go into full effect until Dec. 30, 2024. Plotnikova believes that the framework doesn’t give crypto startups the wriggle room to scale whereas in the case of larger entities with much more assets under management, they will find it much easier to scale. French multinational financial services company Societe Generale, an entity with around $160 billion worth of assets under management and 126,000 employees, stands out as an example. It recently announced that SG Forge, a subsidiary company, would partner with Austrian crypto exchange Bitpanda to issue and list its EUR ConVertible (EURCV) euro-denominated stablecoin. Another European TradFi behemoth, Landesbank, Germany’s largest federal bank, announced earlier this year that it will launch crypto custody services. Global competitionSpeaking to the publication on the margins of the European Blockchain Convention in Barcelona earlier this week, Plotnikova stated: “I'm afraid it will lead to consolidation between European and American companies, and they will just move somewhere to the Middle East. The European Union had has done amazing things in harmonising legislation, but enforcement comes down to local and national authorities and they vary greatly.” There’s no doubt that various world centers and regions have been competing to varying extents to become innovative hubs relative to the development of blockchain-based enterprises. Plotnikova alluded to Europe losing out to the Middle East in this instance and principal among those nations in the region vying for a share of the business has been the United Arab Emirates (UAE).  The UAE itself, together with individual emirates such as Abu Dhabi and Dubai, has been putting in place a regulatory framework relative to crypto that has been broadly praised by the crypto sector. As recently as earlier last week, the Dubai regulator continues to fine tune its regulatory framework, tightening up requirements related to the marketing of crypto products and services. A recent report by Chainalysis found that the Middle East region accounted for 7.5% of global crypto trading volume, with the UAE and Saudi Arabia having been found to demonstrate a strong interest in decentralized platforms. 

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