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Belgium vs United States

Crypto regulation comparison

Belgium

Belgium

United States

United States

Legal
Legal

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.

The United States has the world's most complex crypto regulatory landscape, with overlapping federal and state jurisdictions. The SEC regulates crypto securities and has pursued enforcement actions against exchanges and token issuers. The CFTC oversees crypto derivatives and considers Bitcoin a commodity. FinCEN applies BSA requirements to crypto exchanges as money service businesses. The IRS taxes crypto as property: short-term gains at income tax rates (10-37%), long-term gains at 0-20%. New 1099-DA broker reporting rules take effect from 2025. Multiple states have their own requirements, with New York's BitLicense being the most stringent.

Tax Type Varies
Tax Type Capital gains
Tax Rate 0-33%
Tax Rate 0-37%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator FSMA (Financial Services and Markets Authority)
Regulator SEC, CFTC, FinCEN, OCC, IRS, State regulators
Stablecoin Rules Regulated under EU MiCA framework
Stablecoin Rules Stablecoin legislation actively being developed in Congress; existing oversight by SEC, CFTC, state regulators
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
Key Points
  • SEC regulates crypto as securities under Howey test; major enforcement actions (Ripple, Coinbase, Binance)
  • CFTC classifies Bitcoin and Ether as commodities; oversees derivatives markets
  • IRS treats crypto as property: short-term gains taxed at 10-37%, long-term (1yr+) at 0-20%
  • FinCEN requires exchanges to register as MSBs and comply with BSA/AML requirements
  • 1099-DA broker reporting for centralized exchanges effective from tax year 2025