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Japan eyes 20% crypto tax rate by 2025 in major regulatory shift

Policy & Regulation·September 04, 2024, 3:50 AM

Japan’s financial sector is poised for a significant change as the Financial Services Agency (FSA) unveils new tax reform guidelines for fiscal year 2025. This marks the first time virtual currency transactions will be addressed within Japan's tax framework, signaling a pivotal shift in the country’s stance on cryptocurrency taxation.

 

Current taxation issues

Presently, Japan imposes a maximum tax rate of up to 55% on cryptocurrency revenues, a figure that has been criticized for deterring investment in the growing crypto market. Crypto profits are taxed as miscellaneous income, with the highest rate applying to earnings over 200,000 Japanese yen. Corporate holders of crypto assets face a flat 30% tax on their holdings, irrespective of their income or profits. These high tax rates contribute to Japan's relatively low cryptocurrency adoption rate, placing the country 18th in the 2023 Global Crypto Adoption Index by Chainalysis.

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In response to rising demands from both investors and businesses, there is strong advocacy for a more favorable tax structure. The new proposal suggests reducing the crypto tax rate to 20%, aligning it more closely with the tax rates applied to traditional financial assets like stocks. This reform is viewed as essential for rejuvenating the industry, especially given Japan’s increasing engagement with cryptocurrencies.

 

Japan's interest in cryptocurrencies extends beyond individual investors. Major institutions are making notable advancements in the field. Ripple, a key player in the crypto space, has teamed up with over 50 Japanese financial institutions to develop a new payment infrastructure leveraging blockchain technology. Meanwhile, private companies like Metaplanet are also expanding their crypto investments, recently securing a loan of 1 billion Japanese yen ($6.8 million) at an annual percentage rate of 0.1%. 

 

Impending tax changes

The FSA's decision to include crypto assets in the 2025 tax reform proposal represents a significant departure from previous reluctance to formally recognize the industry. The proposed changes would expand loss offset provisions, potentially aligning crypto assets with the tax treatment of public bonds and listed stocks. This adjustment could offer relief to investors by allowing them to offset losses against their crypto gains.

 

Despite these promising developments, the implementation of these proposals remains uncertain. A previous proposal to reduce the crypto tax burden has failed to produce policy changes. Nevertheless, the inclusion of crypto assets in the FSA’s reform agenda is a positive step toward a more supportive regulatory environment.

 

Japan’s current high tax rates contrast sharply with other crypto-friendly regions in Asia. For instance, the United Arab Emirates (UAE) has become a major hub for crypto businesses by imposing no taxes on crypto profits. Similarly, countries like Hong Kong, Singapore, Thailand and Indonesia have attracted significant crypto activity due to their progressive regulations and lower tax rates. Conversely, India’s 30% flat tax on crypto has prompted many companies to relocate to more favorable jurisdictions such as Dubai.

 

As Japan considers transitioning to a more crypto-friendly tax regime, there is cautious optimism about its potential impact on the industry. If successfully implemented, the proposed changes could boost adoption and growth, making Japan a more appealing location for crypto businesses and investors. The ultimate effect will depend on the government’s reception and execution of these proposals in the coming years. For now, the inclusion of crypto assets in the tax reform agenda marks a promising step toward a more balanced and supportive regulatory landscape for the cryptocurrency industry in Japan.

 

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Policy & Regulation·

Oct 18, 2023

Almost 60K Korean Crypto-Holding Households Owe $389M in Unpaid Social Insurance Premiums

Almost 60K Korean Crypto-Holding Households Owe $389M in Unpaid Social Insurance PremiumsThe National Health Insurance Service (NHIS) in South Korea is intensifying its efforts to collect overdue premiums. Many high-income individuals who can afford to pay premiums for social insurance, including health insurance, have been neglecting their dues.Photo by Hush Naidoo Jade Photography on UnsplashVirtual assets for seizureAccording to the documents submitted on October 18 by the NHIS to lawmaker Jung Choun-sook, a member of the National Assembly’s Health and Welfare Committee, the NHIS is actively identifying a range of assets, including copyrights and virtual assets, that can be seized from these individuals. The NHIS aims to recover overdue premiums through stringent measures such as confiscation and government auctions. This move is designed to deter high-income earners from neglecting their obligations, ensuring fairness for those who consistently pay their premiums.Almost 60,000 crypto-holding householdsThis year, the NHIS discovered that 59,513 households, despite owning virtual assets, had outstanding social insurance premiums amounting to KRW 525 billion ($389 million). The NHIS has initiated collection efforts. In 2021, the insurance agency identified 5,336 households with virtual assets that had unpaid social insurance premiums totaling KRW 62.2 billion. Of this, the NHIS successfully collected KRW 6.92 billion, representing 11.13% of the total arrears.On this matter, lawmaker Jung highlighted that the government should strive to bolster the NHIS’s financial health. She underscored the importance of identifying concealed income sources or assets, like cryptocurrency holdings, of premium defaulters to ensure the collection of their overdue premiums.

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Policy & Regulation·

Jul 27, 2023

Korean Banks Impose Crypto Exchanges to Maintain a Reserve of at Least 3B KRW

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.

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Policy & Regulation·

Oct 23, 2023

Bithumb Live Files for Bankruptcy

Bithumb Live Files for BankruptcySouth Korean cryptocurrency exchange Bithumb’s live commerce platform Bithumb Live — an attempt at business diversification — has filed for bankruptcy. The platform entered bankruptcy proceedings last year, brought on by business difficulties and various suspicions of embezzlement involving its CEO.Photo by Melinda Gimpel on UnsplashAccording to legal sources on Monday, the Seoul Bankruptcy Court declared Bithumb Live’s bankruptcy last Monday. The court plans to hold creditor meetings and inspections on November 28 to incorporate creditors’ opinions into the bankruptcy proceedings and assess the status of the company. Major companies like LG Uplus, SK Telecom, SK Magic, and Lotte Card are among the platform’s creditors.Bithumb Live’s backgroundBithumb Live was founded in September 2021 by Bithumb and Bucket Studio, who each invested KRW 6 billion (approximately $4.4 million). Bucket Studio is a content distribution company that gained considerable attention with the global success of the Netflix original series “Squid Game” last year because it holds a 15% stake in Artist Company, an entertainment planning agency co-founded by “Squid Game” lead actor Lee Jung-jae and actor Jung Woo-sung. In particular, Bucket Studio’s CEO Kang Ji-yeon is the sister of Kang Jong-hyun, who is embroiled in allegations related to the ownership of Bithumb.Bithumb and Bucket Studio each hold a 37.5% share of Bithumb Live, making a combined ownership of over 75%. Bithumb Live, led by Kang Ji-yeon, had been established with the intent to create a commerce platform with various features like a metaverse, non-fungible tokens (NFTs), and cryptocurrency payments. After its establishment, it announced that it would challenge its key competitor Naver’s prominent live shopping platform by preparing to sign deals with 15 different companies.Financial hardshipsHowever, the platform hit a roadblock just one year after its establishment and found itself unable to escape financial difficulties. According to last year’s business report, Bithumb Live’s liabilities exceeded its assets by approximately KRW 248 million and the platform recorded a net loss of KRW 10.2 billion. Unable to withstand such losses, it announced an indefinite temporary closure via its internal messenger to employees in October of last year. The employees ended up working only four hours a day, resulting in a more than 50% reduction in working hours. Subsequently, the number of employees, which was 73 in September, plummeted to just four in January of this year, essentially signaling a total stop to business operations. In the first half of this year, Bithumb Live’s net loss amounted to almost KRW 1.1 billion.Management entanglementsOn top of these financial strains, the company was also plagued by Kang Ji-yeon and her brother Kang Jong-hyun’s owner’s risk, which encompassed allegations of embezzlement and misappropriation. In July of this year, Kang Ji-yeon was sent to trial on charges of embezzlement and misappropriation at Bucket Studio. Along with her brother and former Chorokbaem (CRB) Group Chairman Won Young-sik, she was accused of granting call options on convertible bonds held by Bithumb affiliates Vidente and Bucket Studio for free to companies controlled by Won’s children between December 2021 and July 2022, inciting damages worth approximately KRW 58.7 billion to the respective companies. In the process, she was also found to have received KRW 32.2 billion in acquisition payments. Kang Jong-hyun had been detained and on trial since February of this year.Bithumb Live’s largest shareholder, Bucket Studio, is also in a tight spot. Back in June, the Korea Exchange imposed a penalty of three points on Bucket Studio for reversing its disclosure. The company had been penalized five points the previous month after withdrawing its decision to issue convertible bonds. In particular, the studio also recorded an operating loss of KRW 7 billion and a net loss of KRW 195.6 billion last year based on consolidated financial statements. In the first half of this year alone, it suffered an operating loss of KRW 896 million, raising red flags for its management.

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