Malawi vs South Africa
Crypto regulation comparison
Malawi
South Africa
Malawi has no specific cryptocurrency regulation. The Reserve Bank of Malawi has issued warnings about crypto risks but has not banned it.
South Africa has embraced crypto regulation. In 2022, the FSCA declared crypto assets as financial products under the Financial Advisory and Intermediary Services (FAIS) Act, requiring crypto service providers to obtain FSCA licenses. SARS taxes crypto gains under capital gains tax (up to 18% effective rate for individuals) or income tax depending on trading frequency. South Africa is the largest crypto market in Africa.
Key Points
- No specific cryptocurrency legislation
- Reserve Bank of Malawi warns about crypto risks
- Crypto not recognized as legal tender
- Limited crypto infrastructure and adoption
- No licensing framework for crypto services
Key Points
- Crypto declared a financial product under FAIS Act (2022); service providers must be FSCA-licensed
- FSCA began licensing crypto asset service providers (CASPs) in 2023
- Capital gains taxed at effective rate up to 18% (45% max marginal rate × 40% inclusion)
- Frequent trading may be classified as income and taxed at marginal rates (up to 45%)
- SARB regulates cross-border crypto transactions under exchange control regulations