New bill in Singapore could broaden MAS regulatory oversight of crypto

In a move aimed at boosting the Web3 sector, the adoption of investment tokens and the enhancement of startup financing, the Thai government recently approved a tax break for individuals holding such tokens.Photo by Nataliya Vaitkevich on PexelsIncentivizing crypto-based fundraisingThe decision, reported by local media as having been made on March 12, signifies a significant step towards incentivizing the use of investment tokens for fundraising purposes. Under the new regulations, capital gains derived from holding investment tokens will be exempt from personal income tax calculations. This exemption applies even if a 15% withholding tax had previously been deducted. The endorsement of this tax break by Thailand's cabinet underscores the government's interest in fostering economic growth and enhancing investment opportunities in the region. Kulaya Tantitemit, Director-General of Thailand's Revenue Department, emphasized the strategic importance of these tax measures, which have been made retrospectively effective from Jan. 1. The initiative is expected to stimulate fundraising activities through investment tokens, injecting vitality into the economy and paving the way for increased investment and job creation. However, it's worth noting that the tax break will only apply to individuals who refrain from seeking full or partial refunds of the deducted tax or claiming a deducted tax credit. Additionally, the government has extended tax incentives to investment token issuers, waiving corporate income tax as announced on March 7.Last month, the Thai Finance Ministry announced the exemption of digital asset trading activity from value-added tax (VAT). The VAT exemption is similarly designed to encourage the use of digital assets as an alternative fundraising mechanism. Potential $3.7B boostDeputy Government Spokesman Rachada Dhnadirek highlighted the significance of this move in diversifying fundraising avenues for firms, complementing traditional methods. The government anticipates that investment tokens will contribute approximately $3.7 billion to the economy over the next two years. While the recent tax break signals a positive step towards fostering a crypto-friendly environment in Thailand, the country's approach to crypto taxation has faced scrutiny from industry stakeholders in the past. Efforts by the Thai Revenue Department to tighten oversight and impose taxes on cryptocurrency trading were met with resistance from industry players concerned about the potential stifling effect on the sector's growth. In January 2022, the government's proposal to impose a 15% capital gains tax on crypto traders drew significant public backlash, leading to its suspension on Feb. 1 of the same year. Despite these challenges, Thailand has demonstrated a willingness to adapt its regulatory framework to accommodate the burgeoning crypto industry. Measures such as exempting traders on authorized exchanges from a 7% value-added tax (VAT) on crypto transactions, announced on March 8, 2022, underscore the government's efforts to create a conducive environment for crypto-related activities. The political backdrop in Thailand more recently is likely to be aiding the country in taking a more progressive stance where crypto is concerned. Last year, the country elected Srettha Thavisin as Prime Minister. In a prior role as CEO of real estate developer Sansiri, Thavisin oversaw the company’s involvement in digital asset-related activities. In January, Thailand’s Securities and Exchange Commission (SEC) removed the investment ceiling imposed on retail investors relative to participation in initial coin offerings (ICOs).

Korean Banks Impose Crypto Exchanges to Maintain a Reserve of at Least 3B KRWIn a significant step towards regulating the cryptocurrency market and ensuring the safety of virtual asset users, South Korea’s Federation of Banks (KFB) has collaborated with financial authorities and virtual asset exchanges to establish the “Guidelines for the Operation of Real Name Accounts for Virtual Assets.” The KFB, as a group of banks and financial institutions, facilitates cooperation between its members and promotes the development of the financial industry.Photo by rc.xyz NFT gallery on UnsplashThe guidelines come as a response to the increasing need for stronger money laundering prevention measures and standardization in the crypto industry. The first step towards this was taken in 2018 when crypto exchanges became obliged to establish a real name account at a bank in order to provide Korean Won (KRW) deposit and withdrawal services to their customers. Currently, the exchanges that won such bank accounts are Upbit, Bithumb, Coinone, Korbit, and Gopax.However, this policy brought with it a set of challenges, including differing practices among various cryptocurrency exchanges, leading to inconveniences for users. Additionally, varying user protection measures, such as reserve requirements, caused confusion in the market.3 billion KRW in reservesTo address these issues, the new guidelines aim to clarify how banks operate cryptocurrency real-name accounts and bolster overall security. One of the key changes is the requirement for crypto exchanges to maintain a reserve of at least 3 billion KRW ($2.36 million). This reserve fund serves as a precautionary measure to address potential financial losses resulting from hacking incidents or system failures at crypto exchanges.Furthermore, the guidelines mandate banks to manage deposit and withdrawal limits by categorizing user accounts into limited and normal accounts. A limited account will not be converted to a normal account, which grants higher deposit and withdrawal limits, until the user’s transaction purpose and the source of funds are verified.Enhanced due diligenceIn addition, banks will perform annual enhanced due diligence (EDD) for individual account holders. This thorough review will encompass users’ identification, transaction purposes, and the origin of funds.User asset segregationTo safeguard users’ funds, crypto exchanges will be required to ensure that customer deposits are held separately or placed in trust. Regular due diligence at crypto exchanges will also be conducted by banks, with mandatory visits occurring at least once a month. Moreover, third-party services will be engaged to perform independent due diligence every quarter on crypto exchanges, providing an additional assessment of their operations.The official launch of these new guidelines is scheduled for January of next year. However, the requirement of depositing at least 3 billion KRW will come into effect earlier, starting in September of this year. Additionally, the implementation of guidelines for expanding deposit and withdrawal limits is anticipated in March of next year.

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.