Thailand vs United States
Crypto regulation comparison
Thailand
United States
Thailand has a comprehensive crypto regulatory framework under the Digital Asset Business Emergency Decree (2018). The SEC Thailand licenses digital asset exchanges, brokers, and dealers. Crypto gains are taxed at 15% withholding tax, though the government exempted VAT on crypto trading on authorized exchanges from 2022. Thailand has a well-developed exchange ecosystem with Bitkub as the dominant platform.
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.
Key Points
- Digital Asset Business Emergency Decree B.E. 2561 (2018) provides comprehensive regulation
- SEC Thailand licenses exchanges, brokers, dealers, and fund managers for digital assets
- 15% withholding tax on crypto gains; VAT exempted on authorized exchange trades since 2022
- BOT restricts crypto for payments but allows it as an investment asset
- Bitkub is the dominant exchange (~90% market share domestically)
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
Sources
Sources
- IRS - Digital Assets
- CFTC - Digital Assets
- SEC - Crypto Task Force
- Congress - GENIUS Act (S.1582)
- FinCEN - Mining Ruling (FIN-2014-R001)
- IRS - FAQ on Digital Asset Transactions
- IRS - Capital Gains and Losses Topic 409
- FinCEN - Virtual Currency Guidance (FIN-2013-G001)
- IRS - Digital Asset Reporting and Tax Requirements