Korean tax agency’s move hints at approving corporate crypto accounts

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.

Newly founded bankruptcy claim trading platform OPNX has provided further details about the entities backing the fledgling startup. Taking to Twitter on Friday, Open Exchange CEO Leslie Lamb outlined a number of venture capital backers, with a mixture of international and Asia-centric firms among them. Global backersLamb’s tweet via the firm’s official Twitter account, together with a similar announcement published to the firm’s website, outlined AppWorks, a leading Taiwanese venture capital firm and startup accelerator, as an investor in the company. Other Asian backers include Hong Kong-based crypto fund, Token Bay Capital and the Hong Kong-based arm of one of China’s largest banks, China Merchant Bank International.With the firm based in Dubai, Middle-Eastern interest is represented through the involvement of Saudi digital asset fund, Tuwaiq Limited. Otherwise, the company lists a number of other international backers, including US equity options exchange MIAX Group, DeFi-focused venture and trading firm Nascent, top tier global venture capital firm Susquehanna and the investment arm of market maker and early stage investor, DRW. Questionable founding teamOnly hours after the disclosure by Open Exchange, DRW reached out to CoinDesk to confirm that it is not an investor in the bankruptcy claims exchange. Nascent and Susquehanna also denied that they are involved. The companies are still being listed by OPNX as backers of the project on its website.The launch of OPNX has been mired in controversy from the outset as its founding team includes the founders of the former crypto hedge fund Three Arrows Capital (3AC) which failed spectacularly in 2022. Su Zhu and Kyle Davies, the founders of 3AC are now the founders behind OPNX. Before their involvement, OPNX was preceded by Seychelles-based crypto yield platform CoinFLEX. That business also failed during the 2022 crypto bear market. It entered into a restructuring process with the consent of the courts in the Seychelles. Emerging from it is OPNX with the 3AC duo of Zhu and Davies having gotten involved at that point. Industry push-backMany in the crypto space have been highly critical of the development of OPNX on the basis of the involvement of both Zhu and Davies. The duo are being blamed for the collapse of the crypto hedge fund due to mismanagement and the knock on effects the firm’s demise had on other entities within crypto. Many of the series of crypto lenders who failed at a later stage in 2022 had major exposure to the wayward hedge fund.There had been some speculation as to who was backing the new project. Earlier this month, BitMEX co-founder and former CEO Arthur Hayes claimed that the 3AC duo had received substantial funding from Bahrain’s sovereign wealth fund to establish the project. In February, Hayes suggested that the crypto bull market must be starting based on news of Zhu and Davies wanting to launch the OPNX platform.Crypto-focused venture capitalist Michael Arrington also spoke out around that time, stating on Twitter, that 3AC founders successfully raising capital for their latest venture was “the saddest bulls**t I’ve heard in a long time.”Upon its launch earlier this month, industry commentators quickly declared the project a flop citing a trading volume of $13.64 on its first day of trading. Five days in, OPNX made light of the situation, declaring a win on the basis that it had progressed to $12,398 in trading volume, representing a 90,000% increase in trading.Dubai’s Virtual Assets Regulatory Authority (VARA) issued an investor and marketplace alert on April 12 stating that while OPNX may be Dubai-based, it is not regulated by VARA and instead operates on an unregulated basis. It warned investors against using any unregulated crypto entity.

Thailand’s Ministry of Finance has announced a new tax measure that will mean tax exemptions on crypto trading gains over a five-year period in an effort to promote the Southeast Asian country as a global crypto hub. According to a statement published to a government website publicizing the introduction of the measure, Deputy Finance Minister Julapun Amornvivat said that the tax break will apply to market participants in Thailand who trade digital assets through exchanges, brokers and dealers licensed under the Digital Assets Business B.E. 2561 legislation, from Jan. 1, 2025 through Dec. 31, 2029. The deputy minister believes that the new measure will put Thailand on the right footing in developing the crypto sector, while that sectoral development will be monitored all the while by the Thai regulator, the Securities and Exchange Commission (SEC).  Amornvivat is conscious of a need to balance nurturing the crypto sector with full compliance in terms of anti-money laundering (AML) policies, in line with international practice as set out by the Financial Action Task Force (FATF).Photo by Kaboompics.com on PexelsGreater transparencyThe deputy minister also confirmed upcoming changes that would lead to greater transparency. He stated:”The Revenue Department is in the process of implementing the OECD’s Crypto-Asset Reporting Framework (CARF), which is an exchange of digital asset data with countries around the world, which will make digital asset transactions more transparent.” Taking to X, Amornvivat claimed that the policy aligns with OECD standards, and said it "is another important step in raising the economic potential of [Thailand] and is an opportunity for Thai entrepreneurs to grow on the world stage." This is not the first time the Thai authorities have looked at crypto-related taxation. Back in March the government approved a tax break targeting investors who generated capital gains from holding investment tokens. At that time, it was outlined that the government wanted to incentivize the use of investment tokens for fundraising purposes. In the medium term, Amornvivat believes that these measures will lead to growth in the overall Thai economy and an increase in tax revenue by approximately one billion baht ($30.6 million). Bitkub, Thailand’s largest crypto exchange, didn’t waste any time in responding to the development. On X, it advised its user base that “the wait is over,” with tax-free trading now possible on the platform. Competing global centersAssad Dar, a founder of Dubai-based Web3 gaming startups OYA Play and MoonGaming, took to social media to draw attention to the development in the context of initiatives being taken elsewhere to drive crypto. He described Thailand’s five-year tax break as a “big move,” while considering incentives offered in places like Dubai and Pakistan recently. He added:”Each place is trying to support crypto in its own way.” While competition around the world heats up to attract more crypto-related development and business activity, some fear getting left behind. Indian crypto influencer Rananjay Singh noted this latest development in Thailand while pointing out that crypto market participants in India still have to pay 30% tax on crypto-related capital gains as well as 1% tax deducted at source (TDS).