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Austria vs Belgium

Crypto regulation comparison

Austria

Austria

Belgium

Belgium

Legal
Legal

Cryptocurrency is legal in Austria and regulated under the EU's MiCA framework. Since March 2022, crypto assets are taxed at a flat 27.5% rate on capital gains, aligned with other investment income. The FMA supervises crypto service providers.

Cryptocurrency is legal in Belgium and regulated under the EU's MiCA framework. Tax treatment depends on whether gains are considered normal management of private assets (tax-free), speculative (33% misc income), or professional income (progressive rates). The FSMA has banned distribution of crypto derivatives to consumers.

Tax Type Capital gains
Tax Type Varies
Tax Rate 27.5%
Tax Rate 0-33%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator FMA (Finanzmarktaufsicht)
Regulator FSMA (Financial Services and Markets Authority)
Stablecoin Rules Regulated under EU MiCA framework
Stablecoin Rules Regulated under EU MiCA framework
Key Points
  • Flat 27.5% tax on crypto capital gains since the 2022 eco-social tax reform
  • Crypto held before February 28, 2021 is subject to legacy rules (tax-free after 1 year)
  • FMA regulates VASPs under Austrian and EU law including MiCA
  • Exchanges must register and comply with AML/KYC obligations under FM-GwG
  • MiCA framework fully applicable from December 2024
Key Points
  • Tax treatment depends on classification: normal portfolio management (0%), speculation (33%), or professional (up to 50%)
  • FSMA banned advertising of crypto derivatives and certain crypto products to consumers in 2022
  • VASPs must register with FSMA and comply with AML/KYC requirements
  • MiCA regulation fully applicable from December 2024
  • Belgium has a relatively active crypto community and blockchain ecosystem