Virtual Currencies: International Actions and Regulations

Perkins Coie
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Country

Current Summary

Developments Over Time

Date

Occurrence

Argentina

In addition to issuing warnings about their use, Argentina has suggested an increased interest in virtual currency transactions by requiring financial institutions and other entities to report virtual currency transactions.

 07.10.2014

The financial intelligence unit issued a resolution requiring a wide range of financial institutions as well as profit and non-profit entities to report all transactions with virtual currencies on a monthly basis.  Source.

05.29.2014

The Central Bank of Argentina issued a statement about the risks involved in the use of virtual currency, including volatility and fraud, and confirmed that it is not legal tender.  Source.

Austria

Austria has not regulated virtual currencies and has not issued a cohesive policy on how to treat virtual currency.

07.25.2014

Austrian ministers appear to have given conflicting guidance on the tax treatment of Bitcoin during a parliamentary Q&A session. The finance minister reportedly stated that Bitcoin is not a financial instrument, and that capital gains tax would apply to bitcoin holdings sold within a year of purchase, while the minister for science, research and economy reportedly referred to German policy recognizing bitcoin as a unit of account.  Source.

Australia

 

 

 

 

Virtual currency transactions are subject to goods and services, incomes, and capital gains taxes. Further regulation is unlikely for now.

 

03.30.2015

The Australian Department of Treasury issued a whitepaper listing crypto-currencies, such as bitcoin, as a challenge in determining how to appropriately tax companies and could provide a company with the ability to relocate profits to minimize their taxes.  Source.

08.20.2014

The Australia Taxation Office issued guidance on the tax treatment for Bitcoin. The ATO concluded that Bitcoin is neither money nor a foreign currency, but is an asset for capital gains tax purposes. However, capital gain or loss from using bitcoin to purchase goods or services for personal use or consumption will be disregarded, provided that cost of the bitcoin is $10,000 or less.  Source.

06.09.2014

Bank of Australia governor Glenn Stevens stated that, while virtual currencies pose regulatory questions, he believes that investors who are prepared to accept the risk in speculating in virtual currency should be allowed to do so.  Source.

 12.13.2013

Interview with Bank of Australia governor Glenn Stevens suggests that Australia sees potential risk and volatility with bitcoin, but did not, for the time being, indicate an intent to regulate.  Source.

06.24.2013

Australian Taxation Office (ATO) confirms Bitcoin transactions are subject to goods and services (GST) and income tax and says that speculators should keep records for capital gains taxes and that bitcoin is expected to be means of electronic payment or money.  Source.

Bangladesh

Bangladesh Bank issued a warning against conducting transactions in cryptocurrency, and reportedly stated that such use is punishable by up to 12 years in jail

09.15.2014

Bangladesh Bank issued a warning against conducting transactions in cryptocurrency, and reportedly stated that such use is punishable by up to 12 years in jail.  Source.

Belgium

The National Bank of Belgium has warned investors and the public of the dangers of virtual currencies and declared that they are not legal tender, but there is no current indication that regulation is forthcoming.

09.22.2014

Federal Public Service Finance reportedly issued a statement that bitcoin trading transactions are not subject to VAT, however, its position is subject to change pending the position taken by the European Committee.  Source.

01.16.2014

National Bank of Belgium (NBB) and Belgian Financial Services and Markets Authority (FSMA) warned investors that virtual currencies are not issued by a central bank; there is no current regulation; risks associated with security, hacking, and fraud; value fluctuates; exchange rate is variable; and they are not legal tender.  Source.

01.08.2014

NBB does not have plans for financial regulations to regulate Bitcoin (not an official position, but expressed in a meeting between the bank and industry reps). National Bank likely to issue warnings similar to those issued by the EBA and other European nations.  Source.

09.11.2013

Minister of Finance Koen Geens commented that Belgian National Bank does not object to Bitcoin, which was being used by only a handful of traders at this time, and that there was no indication that Bitcoin was being used for money laundering.  Source. 

Brazil

The Central Bank of Brazil has not yet regulated virtual currencies, but has issued the now-standard warnings about their use.

04.07.2014

Brazilian tax authority requires reporting of bitcoin holdings and payment of capital gains taxes for holders of bitcoin over certain value thresholds.  Source.

 02.19.2014

Central Bank of Brazil says that virtual currencies are not “electronic currency” under Brazilian law. It warned that virtual currencies are not guaranteed or issued by a central authority, are not guaranteed by real assets, may be subject to volatility and total loss of value, can be used in illegal activities, and may be insecure due to the possibility of hacking. Finally, the Bank said that it was following the evolution of virtual currencies, and would consider adopting measures.  Source.  Original Source.

10.09.2013

Brazil adopted  Law No. 12,865, which specifically referenced regulation of electronic currency.  While the definition of “electronic currency” appeared to cover virtual currency, the Central Bank of Brazil later distinguished electronic currency from virtual currency.  Source.

 Bolivia

Virtual currency has been explicitly banned.

 05.06.2014

The Central Bank of Bolivia banned any currency or coins not issued or regulated by the government, including a list of virtual currencies. The Bank’s resolution states that citizens are prohibited from denominating prices in any currency that is not previously approved by its national institutions.  Source.

 Bulgaria

Personal income from the sale or exchange of bitcoin is taxable, and will be treated as income from sale of financial assets. 

 04.02.2014

The Bulgarian Revenue Agency determined that income from the sale of bitcoin will be treated as income from sale of financial assets.  Source.

Canada

 

 

 

Virtual currencies are not legal tender in Canada and, reportedly, virtual currency exchanges are not subject to money laundering regulations. Virtual currencies, however, are subject to goods and services and capital gains taxes, and money laundering and terrorist financing laws.

 

 

 

06.19.2015

The Canadian Standing Senate Committee on Banking, Trade and Commerce released a report calling for limited regulatory control over digital currencies.  Source.

08.20.2014

The Canadian central bank released a working paper examining the effects of competition between different cryptocurrencies and the exchanges.  The authors conclude that there is no clear evidence that Bitcoin will keep its dominant position in the market, and that exchanges will be able to coexist and possibly compete on fees.  Source.

03.28.2014

The Canadian parliament passed a bill amending its money laundering and terrorist financing act.  The act now applies to persons in Canada engaged in the business of dealing in virtual currencies, as well as persons outside of Canada that provide such services to customers in Canada.  Source.

02.14.2014

The Canadian Federal Budget included a reference to intended legislation regarding anti-money laundering and anti-terrorist financing that would apply to virtual currencies.  Source.

01.16.2014

Official from the Office of the Superintendent of Financial Institutions says that virtual currencies are not “legal tender.”  Source.

05.20.2013

Financial Transactions and Reports Analysis Centre (FinTRAC) reportedly wrote to several prominent Bitcoin exchanges that they are exempt from Canadian money laundering laws.  Source.

04.26.2013

Canada Revenue Agency says barter transaction rules apply to use of Bitcoin for goods or services and are subject to tax. Also, Bitcoin bought or sold as a commodity is subject to capital gains taxes.  Source.

China

Financial institutions and third-party payment providers are banned from accepting, using, or selling virtual currencies. Although its use remains legal, the People’ s Bank of China has required exchanges to register with the appropriate regulatory authorities and has suggested it will closely watch the markets. The People’s Bank of China has allegedly warned banks from working with virtual currency-related businesses.

04.25.2014

Reports from a meeting with the People’s Bank of China (PBOC) indicate that PBOC has warned banks to cease doing business with virtual-currency-related businesses.  Source.

12.17.2013
12.18.2013

In wake of 12.5.13 PBOC statement, BTC China no longer accepts yuan. PBOC extends ban on accepting, using, or selling bitcoin to third party payment providers. Bitcoin remains legal, however, for individuals to use but without providers, is effectively impossible.  Source.

12.05.2013

PBOC says that bitcoin is not currency, that financial institutions and payment institutions cannot be involved in bitcoin-related transactions, websites.exchanges that deal in bitcoin-related services need to register with appropriate regulatory agencies, PBOC will pay close attention to potential uses of bitcoin for money laundering, and PBOC will educate the public about the risks of using, trading, or dealing in bitcoin (specifically, the lack of a central authority that administers or provides redress).  Source.

Colombia

Colombia’s financial regulatory body (SFC) has prohibited banks from working with virtual currency. The SFC and the Central Bank have also indicated that bitcoin is not a currency.

 04.01.2014

In a press release, the Colombian Central Bank indicates that bitcoin is not a currency, and cannot be used in connection with Colombia’s exchange rate regime.  Source.

 03.26.2014

Colombia’s financial regulatory body issued a resolution prohibiting financial institutions from holding virtual currency. The release also discussed a number of risks associated with virtual currency.  Source.

Croatia

Informal statements by the Croatian National Bank are favorable regarding the legality of bitcoin.

12.16.2013

The Croatian National Bank indicated in an informal discussion that the use and sale of virtual currency would not be unlawful in Croatia.  Source.

Cyprus

Virtual currencies are not illegal in Cyprus, but Central Bank has warned about their use.

02.25.2014

Central Bank acknowledged that virtual currencies are not illegal, but reiterated earlier warnings about their use and exchange.  Source.

02.07.2014

Central Bank issues warnings like those of the EBA and Bank of France that virtual currencies have no guarantee of reimbursement, are inherently speculative, pose money laundering and other criminal activity risks, and are risky speculative investment vehicles.  Source.

Czech Republic

Czech Ministry of Finance has indicated that virtual currency transactions are subject to anti-money-laundering laws and reporting requirements.

09.16.2013

A guidance note from the Ministry of Finance of the Czech Republic’s Financial Analytical Unit indicates that purchase and sale of virtual currencies in excess of 1,000 euros is subject to suspicious activities reporting under the Czech Republic’s anti-money-laundering laws.  Source.

Denmark

Financial Supervisory Authority has issued warnings about the risks of virtual currencies, similar to other European nations, and has suggested there may be amendments to regulations regarding virtual currencies. Currently, it does not appear that virtual currencies are regulated, at least under money laundering or financial institution regulations. They may be subject, however, to capital gains taxes.

12.18.2013

Chief Legal Advisor to FSA says that most likely development will be to amend existing financial regulations to cover exchanges and to have money laundering regulations cover cryptocurrency transactions. A member of Parliament suggested, however, that this would be done on a European-wide basis, not just in Denmark.  Source.

12.17.2013

Financial Supervisory Authority (FSA) releases statement re: risks for cryptocurrencies: (1) losing money to exchanges, (2) theft from virtual wallets, (3) might not be able to exchange it for fiat currency, (4) rapid price fluctuation, (5) links to criminal activity and (6) taxes. FSA also provides that cryptocurrencies are not covered by existing regulatory framework for electronic money, currency exchanges, brokerages, or deposit services. They are unregulated electronic money and there is no permission needed to run an exchange there.  Source.

Ecuador

 

Ecuador has banned issuance, promotion, or circulation of virtual currencies, and plans to issue its own digital currency for use as legal tender.

 

05.26.2015

Ecuador has mandated that all banks and “entities of the public, private, and cooperative financial sectors” must accept the country’s digital currency within the next 360 days. Ecuador’s official fiat currency is the U.S. dollar, and the digital currency under Ecuador’s Electronic Currency System will be “equivalent and convertible to US dollars.”  Source.  Source. 

08.11.2014

Congress reportedly approved legislation to issue a digital currency for use alongside the U.S. dollar, which is currently the only legal tender in Ecuador. A monetary authority will be established to regulate the digital currency, which will be backed by liquid assets. Source.

07.23.2014

Ecuador’s Congress reportedly approved extensive reforms to its financial system providing for, among other things, the creation of a digital currency and financial regulation system controlled by the executive. In connection therewith, it reportedly also banned the issuance, promotion or circulation of all digital currencies.  Source.

Estonia

Informal cautions regarding use of bitcoin in response to email inquiries; bitcoin income is treated as capital gains.

03.2014

The Estonian Tax Authority stated that income derived from Bitcoin transactions constitutes capital gain subject to taxation.  Source.

 01.31.2014

Head of the Estonian central bank payment and settlement system expresses concerns in an email about risks associated with bitcoin, including the nature of the decentralized system and the potential for a Ponzi scheme.  Source.

EU

European Banking Authority issued warnings to the public about the risks associated with virtual currencies, and recently indicated it will apply anti-money laundering and anti-terrorist financing rules to virtual currencies.

11.01.2015

European Court of Justice ruled that the value-added tax (VAT) will not apply to purchases of bitcoin through exchanges. This ruling flows from a VAT provision for excepts related to currency, bank notes and legal tender.  Source.

10.01.2014

Europol issued an internet organized crime threat assessment, which examines the various technologies and services used by cybercrime organizations. The assessment includes a discussion of the use of virtual currencies, including Bitcoin, in laundering the proceeds of cybercrimes.  Source.

07.28.2014

The European Commission indicated that it will impose anti-money laundering and anti-terrorist financing rules on virtual currencies.  Source. 

07.22.2014

Sweden reportedly asked the European Union to provide definitive rules on the VAT treatment of cryptocurrencies, expressing concern over the inconsistencies in approach among member states.  Source.

12.12.2013

European Banking Authority (EBA) warns consumers on virtual currencies because (1) consumers can lose value, (2) can be stolen from virtual wallets, (3) EU refund rights do not protect, (4) value can change quickly, (5) can be used for criminal activity, including money laundering, and (6) consumers may be subject to tax liability.  Source.

10.29.2012

The European Central Bank releases a detailed report regarding virtual currency and its potential for regulation under EU regimes.  Source.

Financial Action Task Force

N/A

06.2014

FATF issued a report defining key terms associated with virtual currencies and describing the AML and terrorist financing risks associated with them.  The report also provides examples of key law enforcement actions involving virtual currency.  Source.

Finland

 

 

Based on informal interviews, the best indication is that virtual currencies are treated as commodities in Finland.

 

 

11.19.2014

The Finnish Central Board of Taxes judged Bitcoin to be a financial service in ruling 034/2014, making Bitcoin exempt under the EU VAT directive.  Source.

1.19.2014

Bank of Finland says, through interview with head of oversight Paeivi Heikkinene, that Bitcoin is not “currency” or a “payment instrument,” but is “more comparable to a commodity.”  Source.

08.28.2013

The Finnish Tax Authority released tax interpretations regarding bitcoin, indicating that capital gains treatment would be given to an exchange of bitcoin for another currency, but that losses would not be deductible.  Source.

09.12.2012

In television interview, Finnish Central Bank says that bitcoins are legal and can be invested in and used however people would like. There are no guarantees, however, that unregulated virtual currencies can be exchanged back into traditional money.  Source.

France

Bank of France has issued warnings similar to other European nations. There were informal indications that France might have been willing to allow virtual currency companies to operate as payment service providers under French law, and France has now indicated it will implement customer identity verification rules for virtual currency platforms.

07.11.2014

The finance ministry reportedly announced that it plans to implement customer identity verification rules for bitcoin distributors and other platforms by the end of the year.  It also reportedly implemented tax rules classifying bitcoins as property subject to capital gains and asset taxes.  Source.

07.07.2014

Police reportedly shut down a bitcoin exchange operating illegally in France, seizing 388 bitcoins in the process.  The site’s operators are reportedly being examined on potential charges of illegal banking, money laundering and operating an illegal gambling website.  Source.

06.23.2014

The senate committee on finance heard testimony on the issues raised by the development of Bitcoin and other virtual currencies.  The committee concluded that the rise of virtual currencies is a long-term trend that can no longer be disregarded by public authorities.  It further noted that despite its risks, bitcoin offers multiple opportunities for the future and that public authorities should work on a balanced regulatory framework.  Source.

04.25.2014

The French Ministry of Economy stated that revenue from sales of virtual currency is taxable income. The French Banking Federation indicates that wiring revenue from the sale of virtual currency to a personal bank account may require the bank to file a declaration with the French anti-money-laundering agency.  Source.

 12.05.2013

Bank of France warns about risks associated with virtual currencies: (1) security risks, (2) absence of central regulatory authority, (3) speculation and huge volatility, (4) legal risk, and (5) use of currencies for illegal and illicit activities.  Source.

12.07.2012

Bitcoin Central, an exchange operating through a partnership with Aqoba, reportedly was approved by French regulators to operate as a “bank” (actually a payment services provider) under French law.  Source.

Germany

Virtual currencies are financial instruments under German law and, more specifically, are a form of “private money” that can be taxed as capital.  Certain uses may also require a license or permit.  Earlier guidance from the German financial supervisory authority also suggested virtual currencies are commodities, and are subject to taxation both upon sale of bitcoin and sale of goods in exchange for bitcoin.

05.23.2014

The German Ministry of Finance has reportedly published a letter ruling that the commercial sale of bitcoin is a “miscellaneous service.” Retailers accepting bitcoin would be taxed on the sale of goods and upon selling any bitcoins they accept in purchases.  Source.

 12.19.2013

BaFin releases an overview of risks related to virtual currency, and indicates that commercial use of BTC may require licensure and permitting in certain circumstances.  Source.

08.19.2013

German Finance Ministry says that virtual currency is not e-money or foreign currency but is still a financial instrument under German banking rules. Virtual currency is therefore more akin to “private money” that can be used in “multilateral clearing circles” (suggesting that virtual currency would be taxed as capital).  Source.

12.22.2011

BaFin (German financial supervisory authority) says that Bitcoins are exempt from definition of e-money because they are not tied to legal tender currency. Instead, it is a commodity subject to taxation.  Source.

Greece

The Bank of Greece has adopted the EBA warnings regarding virtual currencies.

02.11.2014

Bank of Greece adopted the EBA’s warnings to consumers regarding virtual currencies.  Source.

Greenland

See Denmark, above; autonomous country but under Kingdom of Denmark

Hong Kong

Informal guidance suggests that regulatory authorities are monitoring virtual currencies, particularly with regard to money laundering. Virtual currency considered a virtual commodity and not legal tender.

02.11.2015

The Hong Kong Monetary Authority issued a statement warning the public about the risks involved in virtual currency trading after a a bitcoin exchange allegedly stole its clients’ funds. The statement also stated that Bitcoin is a virtual “commodity” and not legal tender.  Source.

01.09.2014

Secretary for Financial Services and the Treasury says that there are high risks in exchanging, trading, and holding bitcoin; there are no physical currency guarantees; and its value is highly speculative. Also suggested that Hong Kong was monitoring the virtual currency market and was particularly concerned about money laundering.  Source.

Hungary

The National Bank of Hungary has issued warnings similar to those of other countries.

02.19.2014

National Bank of Hungary warns about the use of virtual currencies, including that they are not issued or guaranteed by a central authority, the possibility of loss of value or theft, their volatility, and the inability to seek recourse or refund.  Source.

Iceland

Regulates virtual currencies as electronic currency through the Icelandic Exchange Act, which effectively prohibits entities from engaging in the exchange of virtual currency.

12.19.2013

Icelandic Exchange Act applies to bitcoin exchanges, and bitcoin is not exempt as a good or service. Therefore, one cannot engage in foreign exchange that involves the electronic currency, bitcoin.  Source.

India

Reserve Bank of India has issued warnings to the public about the risks associated with virtual currencies and has suggested it is examining virtual currencies under India’s existing legal framework.

12.24.2013

Reserve Bank of India issues warnings to customers who buy, sell or trade in virtual currencies about security risks, absence of regulatory authority, speculation and volatility, legal risk, and use of currencies for illegal activities. Also says it is “presently examining” issues associated with using, holding, and trading VCs, including regulations for foreign exchanges and payments systems laws.  Source.

12.27.2013

India’s Enforcement Directorate raided the offices a virtual currency exchange, reportedly in response to violations of India’s Foreign Exchange Management Act.  Source.

Indonesia

Virtual currencies are not legal tender, and using virtual currencies violates the country’s information and electronic transaction laws and currency laws.

02.06.2014

Bank Indonesia issued a statement on virtual currencies stating that these are not considered to be currency or legal payment instruments in Indonesia, and warned the public that the user/owner of bitcoins bears all risks related to their ownership/use.  Source.

 01.16.2014

Deputy Governor of Indonesian Central Bank says that using bitcoin violates information and electronic transaction laws and currency laws. DG also strongly urged Indonesians not to use bitcoin as a means of payment, and highlighted security risks of bitcoin too.  Source.

Ireland

The Central Bank of Ireland does not regulate bitcoin.  Ireland’s Revenue Commissioners are monitoring bitcoin for tax-related developments.

12.10.2013

The Central Bank of Ireland was cited by the Minster for Finance as stating that it does not regulate bitcoin or consider it to be legal tender.  The Minister for Finance also referenced a statement by the Revenue Commissioners that they are monitoring development of virtual currency and its tax implications, although they do not believe virtual currency represents a significant risk for tax evasion.  Currently, implications for taxation are varied, as bitcoin has elements both of a commodity and a currency.  Source.

Isle of Man

The government intends to put in place a regime promoting virtual currency business, subject to anti-money-laundering requirements.

 

 

05.07.2015

The Isle of Man Department of Economic Development announced plans to run a trial of the first government-owned blockchain project.  Source.

03.26.2015

Effective April 1, 2015, virtual currency businesses, including those that exchange, sell, buy, or store virtual currency, must comply with the Isle of Man's anti-money laundering laws.  Source.

 06.10.2014

The Isle of Man Department of Economic Development announced that it intends to take action in the coming months to implement a regime that promotes business opportunities in digital currency but also applies appropriate anti-money laundering requirements.  Source.

Israel

The Israeli central bank and Finance Ministry has issued warnings to the public about the risks associated with virtual currencies.

02.19.2014

Central Bank and Finance Ministry warns against the use of virtual currencies, similar to those of the European Banking Authority. It warned that virtual currencies are not legal tender, may be subject to volatility, can be used for money laundering or terrorist financing, and are subject to loss via a technical attacks by hacking.  Source.

01.16.2014

Reportedly, the Bank of Israel and the Israel Securities Authorities, and justice and finance ministries are waiting to see how other countries address virtual currencies before taking action.  Source.

Italy

A law requiring identification of parties in bitcoin transactions has been proposed in the Italian Parliament, but no regulation yet.

02.02.2015

The Central Bank of Italy issues a directive warning that virtual currency could be used for money laundering and terrorist financing, but that businesses that store and exchange virtual currency for fiat currency, among other virtual currency-related businesses, are not required to comply with AML/KYC requirements.  Source.

01.30.2015

The Central Bank of Italy issues two directives warning about the use of virtual currency and agreeing with the EBA’s stance that financial institutions should not buy or invest in virtual currency until a formal legal framework is established.  Source.

07.11.2014

The attorney general of Rome and an officer of the Italian financial police reportedly warned in separate interviews that Bitcoin could be abused by criminals, and called for regulations to combat criminal activity involving virtual currency.  Source.

01.18.2014

A law is proposed in the Italian Parliament to require identification of a sender in a transaction involving more than 1,000 euros.  Source.

 Japan

Virtual currencies are not specifically regulated, and Japan’s governing party does not anticipate regulating them in the near future.

 06.19.2014

Japan’s Liberal Democratic Party reportedly stated that Japan has decided against regulating bitcoin for now, but will continue to assess the possibility of regulation.  Source.

Jersey

 

Virtual Currencies under threshold amount are subject to “light touch” regulatory scheme.

 

11.01.2015

The States of Jersey government released a regulatory scheme for virtual currency exchangers. As companies grow, regulatory requirements increase, with those companies exceeding 150,000 GBP facing higher reporting and registration requirements.  Source.

07.09.2015

The Government of Jersey is seeking public comment on whether it should regulate decentralized virtual currencies. The deadline to submit a comment is August 7, 2015.  Source.

Jordan

Virtual currencies are not legal tender in Jordan and the Central Bank has warned against their use. Banks, currency exchanges, financial companies, and payment service providers operating in Jordan are prohibited from dealing in virtual currencies.

02.22.2014

Reportedly, the Central Bank of Jordan warned against the use of virtual currencies and said they are not legal tender. The warnings were similar to those issued by other countries: that there is a high risk of devaluation, that their value is highly volatile, that virtual currencies can be used for criminal activities, and that there is a risk of total loss because it is not backed by a central authority. Further, the Central Bank reportedly told all banks, currency exchange companies, financial companies, and payment service providers, that they are prohibited from dealing in virtual currencies.  Source.

Kyrgyzstan

Krygyzstan’s central bank has stated that the use of virtual currency is illegal.

08.26.2014

The central bank issued a press release stating that the only legal tender in Kyrgyzstan is its national currency, the som, and that the use of virtual currency as a means of payment is illegal.  The press release further warns of the risks of holding or transacting in virtual currency.  Source.

Lebanon

Bank of Lebanon has issued warnings to the public about the risks associated with virtual currencies, and has said that financial institutions and exchanges cannot, be decree, deal in virtual currencies as “e-money.”

12.19.2013

Bank of Lebanon has warned about risks of digital currencies, including that transactions made through unregulated networks cannot be guaranteed and losses not recoded; transactions may be irreversible; the currencies are highly speculative and volatile; and can be used for criminal activities. It also reminded financial institutions and exchanges that “e-money” is prohibited by decree.  Source.

Lithuania

Central Bank of Lithuania has issued the standard EBA warnings but is holding off on further regulations for now.

02.10.2014

Central Bank of Lithuania clarifies that regulation of virtual currencies is under discussion but that it is likely to wait until further action from EU countries before pursuing regulation.  Source.

01.31.2014

Additional warnings issued regarding virtual currency and fluctuations in value of virtual currency.  Source.

12.xx.2013

Central Bank of Lithuania adopts the EBA warnings to consumers.  Source.

Luxembourg

The issuance of virtual currency is not regulated “from a monetary point of view.” Financial services providers, which could include virtual currency businesses, must receive authorization from the Minister of Finance.

 

 02.14.2014

The Luxembourg financial regulatory commission (CSSF) has issued a statement concludes that virtual currencies are not legal tender. It warns that virtual currencies entail risks for their holders, and reminds financial services providers that carrying out activities of the financial sector requires an authorization by the Minister of Finance and subjecting themselves to CSSF supervision.  Source.

Malaysia

Virtual currencies are not legal tender, are unregulated, and are risky.

01.02.2014

Central Bank of Malaysia has said that “The bitcoin” is not legal tender in Malaysia, that is does not regulate the operations of bitcoin, and that the public is advised to be cautious of the risks associated with the use of digital currencies.  Source.

Mexico

Virtual currencies are not legal tender currency, and the Bank of Mexico has warned of risks of using virtual currencies.

09.29.2015

Mexico’s Secretariat of Finance and Public Credit clarified its stance on bitcoin, stating that virtual currencies will be included in the prohibitions of article 32 of Mexico’s LFPIORPI, its federal law that is meant to prevent and identify operations transacted with illicit goods. Source.

 03.12.2014

The Bank of Mexico has issued a press release warning of the risks of using virtual currencies, which also indicates that virtual currency is not legal tender. The release notes that currently virtual currencies do not currently have significant penetration in Mexico, however, the Bank in coordination with other authorities is monitoring their development and will issue regulations if necessary.  Source.

Netherlands

 

 

The Netherlands do not regulate bitcoin under its Act on Financial Supervision, but its national bank has released consumer warnings regarding the use of virtual currency.  One court has ruled that it is a “medium of exchange” but not electronic money and another court has classified virtual currency as an “object” subject to seizure.

 

 

09.26.2014

Dutch prosecutors released a document describing their response to Project ITOM, which involves collaboration between EU and U.S. law enforcement, financial intelligence and monetary agencies to tackle illegal trade on the dark web. The Dutch prosecutors identified cryptocurrencies as one of their priorities for deterrent action, and emphasized the need for law enforcement to be able to obtain more information on Bitcoin transactions.  Source.

08.24.2014

Courts reportedly ruled that bitcoins are objects, and the public prosecution department can therefore legally seize virtual currency from criminals and place them in its own digital purse.  Source.

05.14.2014

A district court in a civil suit involving an uncompleted bitcoin transaction between two parties ruled that bitcoin is a medium of exchange that is an acceptable form of payment in the country but that cannot be defined as legal tender, common money, or electronic money.  Source.

 

 05.08.2014

The Dutch Central Bank issues additional warnings relating to use of virtual currency, including statements that virtual currencies are not a viable alternative for legal tender.  Source.

 12.20.2013

Virtual currencies such as bitcoins currently do not fall within the scope of the Act on Financial Supervision of the Netherlands, as the Dutch Minister of Finance recently emphasized.  Source.

12.03.2013

The Dutch Central Bank released a warning listing risks of usage of virtual currency and stated that it does not supervise virtual currencies.  Source.

06.07.2013

A transcript of a question and answer section with the Dutch Minister of Finance regarding risks of using bitcoin. The Q&A indicates that bitcoin is not a financial product for the purposes of the Act on Financial Supervision and that bitcoin transactions are taxable on an as-converted to legal tender basis.  Source.

New Zealand

Informal warnings about the risks associated with virtual currencies; suggestion from Commerce Commission that virtual currency may be regulated.

12.11.2013

Reserve Bank of New Zealand Gov. John McDermott warned people to “tread carefully” because of supply, controls, and monitoring. Also warned of risks from volatility in pricing and speculation.  Source.

12.28.2013

New Zealand’s Commerce Commission reported as stating that bitcoin is covered by New Zealand’s Fair Trading Act and Commerce Act.  Source.

Norway

Indications are that virtual currencies are not “money” or “currency” but are assets subject to capital gains taxes.

12.13.2013

Norwegian Director of General Taxation says that virtual currencies are not “money” or “currency” (a widely accepted and agreed upon method of exchange for goods and services). Virtual currencies are, however, assets subject to capital gains taxes.  Source.

Philippines

Exchanges are not regulated by the Philippines Central Bank or other regulatory authorities in the country.

 03.06.2014

The Central Bank of the Philippines has issued a press release describing virtual currencies and the risks of buying, holding or trading virtual currencies. The release indicates that the Central Bank is monitoring developments and may adopt appropriate regulatory measures as needed.  Source.

Poland

Virtual currencies are not illegal, but are also not legal tender. They are subject to capital gains taxes and value-added tax.

07.09.2014

The deputy finance minister reportedly released a statement that options and futures contracts based on bitcoin can be considered as financial instruments.  The statement also concluded that Bitcoin is not legal tender in Poland or elsewhere.  Source.

05.27.2014

The Lodz provincial office of the Polish Tax Administration issued an opinion stating that the sale of mined bitcoins is subject to Polish value-added tax of 23%, based on the rationale that bitcoin mining is a service with a set service fee, and mined bitcoins will be subject to VAT as a result.  Source.

 12.20.2013

Ministry of Finance announces that it does not consider bitcoin illegal, although it is not a legal currency either. Also clarified that profits from virtual currencies are subject to taxation as gains.  Source.

Portugal

 

Informal warnings from the Bank of Portugal about the risks of virtual currency, while clarifying that the Bank does not monitor bitcoin.

 

10.03.2014

The Bank of Portugal issued a consumer alert warning of the risks of use of virtual currencies such as Bitcoin. The warning states that virtual currencies are not safe, and cautions that users bear the risks of using virtual currencies due to their lack of legal tender status and consumer protection regulation.  Source.

11.22.2013

The Bank of Portugal issued a press release highlighting the risks of using bitcoin and stating that the Bank of Portugal does not oversee or supervise the issuance or use of bitcoin.  The Bank concluded the release by indicating that banks are aware of the need to monitor and may eventually recognize and act on bitcoin.  Source.

Russia

 

 

 

 

Virtual currencies are banned as money surrogates under the federal law “On the Central Bank of the Russian Federation.” Stiff criminal penalties have been proposed for conversion of virtual currencies into rubles

11.01.2015

The Ministry of Finance has proposed amendments to the criminal code that would result in prison terms for those found guilty of converting virtual currencies into rubles.  Source.

12.03.2014

The Ministry of Finance revised its proposed legislation banning virtual currency activity, reducing the applicable fines by approximately 20-50%.  Source.

09.13.2014

Deputy Finance Minister reportedly announced that a law will be passed by next spring banning transactions in virtual currencies. The law will reportedly provide for criminal penalties against miners of virtual currency, and ban access to exchanges and online stores accepting bitcoin.  Source.

08.01.2014

The finance ministry is reportedly preparing a bill prohibiting transactions with “money substitutes,” including cryptocurrency.  The ministry reportedly believes that virtual currencies are attractive to the shadow economy due to their lack of regulation.  Source.

02.07.2014

Central Bank of Russia says that, under existing regulations, virtual currencies are a money surrogate, not an official currency, and are prohibited. Entities that use or exchanges that trade in virtual currencies will be subject to suspicion based on the potential use of virtual currencies for money laundering or other criminal activities.  Source.

01.24.2014

Former economy minister and current chief of state-run OAO Sberbank Herman Gref says that banning virtual currencies in Russia would be a “colossal step backward” and had sent letter to the Kremlin, central bank, and Finance Ministry regarding the same.  Source.

01.15.2014

The Security Committee in the lower house of parliament, the State Duma, approved a draft counterterrorism bill that included restrictions on anonymous transactions, including virtual currencies.  Source.

Serbia

Warning from the National Bank of Serbia that Bitcoin is not legal tender and cannot be subject to sale and purchase by banks and licensed exchange dealers. Warning that lack of legal protections over Bitcoin constitutes a risk and may result in financial losses.

10.02.2014

The National Bank of Serbia issued a statement that Bitcoin is not legal tender in Serbia or any other country, and cannot be subject to sale and purchase by banks and licensed exchange dealers. The statement further warns that due to the lack of legal protections, investing in bitcoin and other similar virtual currencies not issued or backed by a central bank constitutes a risk and may result in financial losses.  Source.

Singapore

Virtual currencies are not “money” or “currency.” However, virtual currency businesses may be subject to anti-money-laundering regulations. Informal reporting suggests that virtual currency sales are taxed as income, investments are taxed as capital gains, and may be subject to goods and services tax.

03.13.2014

Monetary Authority of Singapore states that it will regulate virtual currency intermediaries to address money laundering and terrorist financing risks. Planned regulations include requirements to verify customer identities and reporting suspicious transactions.  Source.

01.09.2014

Inland Revenue Authority of Singapore (IRAS) reportedly  responds to request about taxation. Companies will be taxed on income based on virtual currency sales. When used as an investment, taxed as capital gains. Further, GST could vary depending on the level of services. Reminded that virtual currencies are not “money” or “currency” so they are a good or service for taxation.  Source.

09.22.2013

Monetary Authority of Singapore cautions consumers regarding risks of trading in bitcoin.  Source.

Slovenia

Bank of Slovenia has issued warnings to the public about the risks associated with virtual currencies.  Slovenia has also indicated that certain activities, including mining, would be subject to taxation.

12.24.2013

The Slovenian Ministry of Finance indicated that individuals selling bitcoin for capital gains would not pay income tax, but bitcoin miners would pay income tax.  Overall, Slovenia intends to review bitcoin taxation on a case-by-case basis.  Source.

12.12.2013

Bank of Slovenia reiterated EBA warnings about virtual currencies: (1) can lose money, (2) money may be stolen from virtual wallet, (3) EU refund rights do not protect when VC for payment, (4) value can change quickly, (5) can be used for criminal activity, including money laundering, and (6) consumers may be subject to tax liability.  Source.

South Africa

South African Reserve Bank has warned that virtual currencies have no legal status and are subject to lack of security, may lose value, and may not be convertible to legal tender.

02.20.2014

South African Reserve Bank issues warning similar to those of other countries that virtual currencies have no legal statute and cannot guarantee “security, convertibility, or value.”  Source.

South Korea

Virtual currencies are not legal currency, are volatile and risky, and have no intrinsic value.

12.10.2013

Ministry of Strategy and Finance, Bank of Korea, Financial Services Commission, and Financial Supervisory Service said that “cyber currency” is not a “real legal currency” and does not meet the standard regulations governing currency transactions, either via the Internet or commercial institutions. Also warned about the high volatility in the value of bitcoin, and about its lack of intrinsic value.  Source.

Spain

Virtual currencies are reportedly taxable as an electronic payment system under gambling law, but its treatment under other areas of law is unclear.

04.23.2015

The Ministry of Treasury confirmed that cryptocurrency is exempt from VAT in Spain.  Source.

09.11.2014

Ministry of Treasury and General Government reportedly issued a ruling that it will treat Bitcoin as an electronic payment system for purposes of gambling law. It is unclear whether the Ministry’s interpretation is applicable to other areas of laws.  Source.

Sweden

Informal statement from a tax official suggests that virtual currencies are not currencies in Sweden but instead will be treated as assets.

04.24.2015

Sweden announced that it will treat income generated from certain bitcoin mining activity as income from employment.  Source.

09.18.2014

The Swedish central bank published an article in its biannual economic review journal describing Bitcoin and other virtual currencies, their benefits and risks, use in Sweden and future outlook.  Source.

06.18.2014 

The Swedish Central Bank issued a commentary analyzing whether virtual currencies have affected the retail payments market, which noted that there are significant risks associated with virtual currency, as it is not subject to regulation.  Source.

 01.22.2014

Swedish Tax Agency official says that Sweden is likely to view virtual currencies as an asset, like art or antiques, and not a currency.  Source.

 Switzerland

Swiss financial regulator has defined licensing requirements for bitcoin kiosk operators and said that virtual currency platforms are subject to anti-money laundering act, but other regulation unlikely because virtual currencies are perceived as a marginal phenomenon.

06.16.2015

The Swiss Federal Tax Administration confirmed that bitcoin is exempt from Value Added Tax (VAT) in Switzerland.  Source.

06.25.2014

The Swiss federal council issued a report on virtual currencies examining the economic significance, legal treatment and risks of virtual currencies. The report concludes that there is no present need for legislative measures to be taken given that virtual currencies are a marginal phenomenon and many of their applications are covered by existing financial, criminal and contract laws.  Source.

06.25.2014

The Swiss Financial Market Supervisory Authority issued a fact sheet clarifying that the purchase and sale of bitcoins on a commercial basis, and the operation of trading platforms used to transfer money or bitcoins from a platform’s users to other users, are subject to Switzerland’s anti-money laundering act.  Notably however, a banking license is required by providers who accept bitcoins from clients and administer bitcoin holdings for clients.  Source.

06.20.2014

The Swiss financial market regulator gave its approval for a bitcoin kiosk operator to operate a kiosk network, two weeks after delaying the launch of a different bitcoin kiosk. The regulator’s response also set forth the money transmitter licensing and self-regulatory organization membership requirements for operating a Bitcoin kiosk network in Switzerland.  Source.

Taiwan

 

Central Bank and Financial Supervisory Commission warned that virtual currencies have no legal protection. Both plan to regulate virtual currencies.

 

11.02.2015

Taiwan’s Financial Supervisory Commission Chairman recently stated at a legislative hearing the opinion that virtual currencies were illegal. Commission plans to work with the Central Bank to regulate virtual currencies.  Source.

12.31.2013

Central Bank and Financial Supervisory Commission warned against use because virtual currencies do not have legal protection. Suggested they may regulate virtual currencies if country financial institutions begin to engage with virtual currencies.  Source.

Thailand

 

Thai law probably does not regulate virtual currencies, but that does not mean that exchanges are free to operate in Thailand.

 

08.18.2014

A senior director of the Bank of Thailand reportedly stated that a company providing bitcoin exchange against the baht does not require approval or a license from the central bank. However, exchanging bitcoin for foreign currency would require an operating license granted by the central bank. The official also stated that exchanges also have to comply with related commercial, consumer and anti-money laundering laws.  Source.

02.20.2014

Reportedly, the Bank of Thailand concluded that Thai law does not regulate virtual currencies, but that exchanges still cannot operate to the extent that they cannot prevent virtual currencies from being exchanged for currencies other than the bhat.  Source.

07.29.2013

Bank of Thailand reportedly said, in a meeting with a Bitcoin company, that there is an absence of applicable laws and capital controls and that, buying or selling bitcoin, buying or selling goods or service for bitcoin, or receiving bitcoin from outside Thailand is illegal.  Source.

Turkey

Turkey’s recently enacted law on payment services and electronic money does not apply to bitcoin.

11.25.2013

Turkey’s Banking Regulation and Supervision Agency announced in a press release that bitcoin is not covered by Turkey’s “Law on Payment and Securities Reconciliation Systems, Payment Services and Electronic Money Institutions” and is therefore not subject to regulation under the Law. The Agency cautioned bitcoin users about risks associated with volatility and anonymity within the bitcoin system. No apparent changes in this position as of April 2015.  Source.

United Kingdom

 

 

Reportedly, exchanges do not have to register under money laundering regulations. Virtual currencies are taxed under goods and services taxes based on profits from a sale.

 

 

03.2015

In a Treasury report released in late March, the UK Government announced plans to regulate bitcoin exchanges with anti-money laundering regulations, while at the same time committing significant funds to research and study of Bitcoin technology.  Source.

09.01.2014

Bank of England issued a report assessing the macroeconomic effects of digital currencies. The report concludes that digital currencies do not currently pose a material risk to monetary or financial stability in the U.K.  Source.

01.13.2014

HMRC reportedly considering categorizing virtual currencies as a “private currency,” which would eliminate profits taxes.  Source.

07.08.2013

HMRC reportedly wrote to FYB-UK that there is no requirement for an exchange to register under UK money laundering regulations.  Source.

06.19.2013

Her Majesty’s Revenue & Customs (HMRC) says that digital currencies are covered by the UK tax system and, when used to pay someone for goods and services, the profits are taxable.  Source.

United States

Please refer to the Perkins Coie Virtual Currency Report for analysis of U.S. law.

 

Source.

Vietnam

Virtual currencies are not money nor legal tender in Vietnam and the State Bank of Vietnam warns against investing in, holding, or transacting in virtual currencies.

02.27.2014

State Bank of Vietnam recommends not investing in, holding, or transacting in virtual currencies because of harm and risks of use for criminal purposes, lack of technical security and vulnerability to hacking, price volatility, and lack of a central government authority. It also determined that virtual currencies are not money nor are they a form of legal payment in Vietnam.  Source.

Swiss financial regulator has defined licensing requirements for bitcoin kiosk operators.  A district court in a civil suit involving an uncompleted bitcoin transaction between two parties ruled that bitcoin is a medium of exchange that is an acceptable form of payment in the country but that cannot be defined as legal tender, common money, or electronic money.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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