The legal status of cryptocurrencies varies substantially from one jurisdiction to another, and is still undefined or changing in many of them.[1] Whereas, in the majority of countries the usage of cryptocurrency isn't in itself illegal, its status and usability as a means of payment (or a commodity) varies, with differing regulatory implications.[2]
While some states have explicitly allowed its use and trade, others have banned or restricted it. Likewise, various government agencies, departments, and courts have classified cryptocurrencies differently.
Country or territory | Legality | |
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Legal----The European Union has passed no specific legislation relative to the status of bitcoin as a currency, but has stated that VAT/GST is not applicable to the conversion between traditional (fiat) currency and bitcoin. VAT/GST and other taxes (such as income tax) still apply to transactions made using bitcoins for goods and services. In October 2015, the Court of Justice of the European Union ruled that "The exchange of traditional currencies for units of the 'bitcoin' virtual currency is exempt from VAT" and that "Member States must exempt, inter alia, transactions relating to 'currency, bank notes and coins used as legal tender, making bitcoin a currency as opposed to being a commodity.[3] [4] According to judges, the tax should not be charged because bitcoins should be treated as a means of payment.[5] According to the European Central Bank, traditional financial sector regulation is not applicable to bitcoin because it does not involve traditional financial actors.[6] Others in the EU have stated, however, that existing rules can be extended to include bitcoin and bitcoin companies. The European Central Bank classifies bitcoin as a convertible decentralized virtual currency. In July 2014 the European Banking Authority advised European banks not to deal in virtual currencies such as bitcoin until a regulatory regime was in place.[7] In 2016 the European Parliament's proposal to set up a taskforce to monitor virtual currencies to combat money laundering and terrorism, passed by 542 votes to 51, with 11 abstentions, has been sent to the European Commission for consideration.[8] In January 2022, Erik Thedéen, vice-chair of the European Securities and Markets Authority, called for an EU ban on proof of work crypto-mining to favor the proof of stake model and fight climate change.[9] | ||
G7 | Legal----In 2013 the G7's Financial Action Task Force issued the following statement in guidelines which may be applicable to companies involved in transmitting bitcoin and other currencies, "Internet-based payment services that allow third party funding from anonymous sources may face an increased risk of [money laundering/terrorist financing]." They concluded that this might "pose challenges to countries in [anti-money laundering/counter-terrorist financing] regulation and supervision".[10] |
Country or territory | Legality | |
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Algeria | Illegal----According to the official journal (28 December 2017): Art. 117. — The purchase, sale, use, and holding of so-called virtual currency is prohibited. Virtual currency is that used by internet users via the web. It is characterized by the absence of physical support such as coins, notes, payments by cheque or credit card. Any breach of this provision is punishable in accordance with the laws and regulations in force.[11] [12] | |
Egypt | Illegal----"Individuals, banks, and other financial institutions are prohibited from dealing in cryptocurrencies."[13] | |
Morocco | Illegal----On 20 November 2017 the exchange office issued a public statement in which it declared, "The Office des Changes wishes to inform the general public that the transactions via virtual currencies constitute an infringement of the exchange regulations, liable to penalties and fines provided for by [existing laws] in force." The following day, the monetary authorities also reacted in a statement issued jointly by the Ministry of Economy and Finance, Bank Al-Maghrib and the Moroccan Capital Market Authority (AMMC), warning against risks associated with bitcoin, which may be used "for illicit or criminal purposes, including money laundering and terrorist financing".[14] On 19 December 2017, Abdellatif Jouahri, governor of Bank Al-Maghrib, said at a press conference held in Rabat during the last quarterly meeting of the Bank Al-Maghrib's Board of 2017 that bitcoin is not a currency but a "financial asset". He also warned of its dangers and called for a framework to be put in place for consumer protection.[15] |
Country or territory | Legality | |
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Legal / Use discouraged by central bank----While not officially banned, the Bank of Tanzania advises not to use cryptocurrency, stressing that the Tanzanian shilling is the only acceptable legal tender.[19] [20] | ||
Central African Republic | Legal----On 22 April 2022 parliament of the Central African Republic voted for the cryptocurrency law which was promulgated on 27 April officially making Bitcoin a legal tender in the country.[21] In April 2023, the CAR agreed to repeal the adoption of Bitcoin as legal tender.[22] |
See also: BitLicense.
Country or territory | Legality | |
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Legal / Banking ban----Companies dealing in virtual currencies must register with the national financial intelligence agency Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), implement compliance programs, keep the required records, report suspicious or terrorist-related transactions, and determine if any of their customers are "politically exposed persons." The law applies to non-Canadian virtual currency exchanges if they have Canadian customers. Banks may not open or maintain accounts or have a correspondent banking relationship with companies dealing in virtual currencies if that company is not registered with FINTRAC. Dealers in digital currency are regulated as money services businesses.[28] The Autorité des marchés financiers (AMF), the financial regulator in the province of Quebec, has declared that some bitcoin related business models, including exchanges and ATMs, are regulated under its current MSB Act.[29] As of April 2018, the Bank of Montreal (BMO) announced that it would ban its credit and debit card customers from participating in cryptocurrency purchases with their cards.[30] This is following another banking ban in Canada from Toronto-Dominion Bank (TD).[31] | ||
United States | Legal----The U.S. Treasury classified bitcoin as a convertible decentralized virtual currency in 2013.[32] The Commodity Futures Trading Commission (CFTC), classified bitcoin as a commodity in September 2015. Per the Internal Revenue Service (IRS), bitcoin is taxed as a property.[33] Bitcoin was mentioned in a U.S. Supreme Court opinion (in the case of Wisconsin Central Ltd. v. United States) on 21 June 2018.[34] In an opinion, the U.S. Supreme Court mentioned that the definition of money has changed over time and that "perhaps one day employees will be paid in Bitcoin or some other type of cryptocurrency..." If money services businesses, including cryptocurrency exchanges, money transmitters, and anonymizing services (known as "mixers" or "tumblers") do a substantial amount of business in the U.S., according to Financial Crimes Enforcement Network (FinCEN) director Kenneth Blanco in 2018, they are required to:
, U.S. FinCEN had been receiving more than 1,500 SARs per month involving cryptocurrencies.[35] Seventeen other countries have similar AML requirements. In September 2016, in a federal court case involving a person operating an unlicensed money transmitting businesses, the U.S. District Court for the Southern District of New York ruled that "Bitcoins are funds within the plain meaning of that term. Bitcoins can be accepted as a payment for goods and services or bought directly from an exchange with a bank account. They therefore function as pecuniary resources and are used as a medium of exchange and a means of payment."[36] | |
Mexico | Legal----Bitcoin was legal in Mexico as of 2017, with plans to regulate it as a virtual asset by the FinTech Law.[37] |
Country or territory | Legality | |
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Costa Rica | Not considered currency----In October 2017, the Central Bank of Costa Rica issued a statement that Bitcoin and cryptocurrencies are not considered currencies, are not backed by law, and cannot be traded on Costa Rica's national payment system. The Central Bank emphasized that anyone who used cryptocurrency did so at their own risk.[38] | |
El Salvador | Legal---- See main article: Bitcoin in El Salvador. Bitcoin was made legal tender in the country through the Bitcoin Law, which was passed on 8 June 2021,[39] [40] and took effect on 7 September 2021.[41] [42] One month on, more Salvadorans have bitcoin wallets than traditional bank accounts, and the most popular bitcoin wallet—the government's officially-sponsored Chivo wallet—had been downloaded by three million people, approaching 46 percent of the population.[43] However, only 12 percent of Salvadoran consumers have used the cryptocurrency, and 93 percent of companies surveyed reported receiving no payments in bitcoin during the first month.[44] | |
Nicaragua | Not regulated as of 2014----As of 2014, the government had not passed any regulation on Bitcoin, nor had the central bank issued rulings or guidelines. In January 2014, El Nuevo Diario reported that an American banker had used bitcoin to purchase real estate in the country. |
Country or territory | Legality | |
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Jamaica | Legal----In 2017, The Bank of Jamaica (BoJ), issued a statement saying that it must create opportunities for the exploitation of cryptocurrency technology. The BoJ said it planned a campaign to build awareness of cryptocurrencies as part of increasing general financial literacy.[45] [46] | |
Trinidad and Tobago | Legal----In 2018, the Central Bank of Trinidad and Tobago issued a statement that it was willing to work with companies that provided Fintech and virtual currencies, while also cautioning that virtual currencies were risky, could be used to facilitate criminal activities, and lacked insurance and regulator recourse in case of problems.[47] |
Country or territory | Legality | |
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Afghanistan | Illegal----In August 2022 Taliban banned trading in cryptocurrencies.[57] | |
Kyrgyzstan | Legal----Bitcoin is considered a commodity,[58] not a security or currency under the laws of the Kyrgyz Republic and may be legally mined, bought, sold and traded on a local commodity exchange.[59] The use of bitcoin as a currency in domestic settlements is restricted.[60] | |
Uzbekistan | Legal----On 2 September 2018, a decree legalizing crypto trading — also making it tax-free — and mining in the country came into force, making Uzbekistan a crypto-friendly state.[61] |
Country or territory | Legality | |
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Belgium | Legal----In July 2013, the Minister of Finance expressed concerns over the use of Bitcoin for money laundering, but indicated that government intervention did not yet appear necessary. | |
France | Legal----The French Ministry of Finance issued regulations on 11 July 2014 pertaining to the operation of virtual currency professionals, exchanges, and taxation.[192] | |
Ireland | Not regulated by central bank----The Central Bank of Ireland was quoted in Dáil Éireann in December 2013 as stating that it does not regulate bitcoin, and that bitcoin is not legal tender in the European Union. | |
Luxembourg | Legal----The Commission de Surveillance du Secteur Financier has issued a communication in February 2014 acknowledging the status of currency to the bitcoin and other cryptocurrencies.[193] The first BitLicence was issued in October 2015.[194] | |
Netherlands | Legal----, "alternative virtual currencies" such as bitcoin are not classified as money and do not fall within the scope of the Act on Financial Supervision of the Netherlands. When dealing with cryptocurrencies one must declare them and pay taxes to the Dutch Tax and Customs Administration.[195] | |
United Kingdom | Legal----, the government of the United Kingdom has stated that bitcoin is unregulated and that it is treated as a 'foreign currency' for most purposes, including VAT/GST. Bitcoin is treated as 'private money'. When bitcoin is exchanged for sterling or for foreign currencies, such as euro or dollar, no VAT will be due on the value of the bitcoins themselves. However, in all instances, VAT will be due in the normal way from suppliers of any goods or services sold in exchange for bitcoin or other similar cryptocurrency. Profits and losses on cryptocurrencies are subject to capital gains tax.[196] In March 2022, the Financial Conduct Authority (FCA) declared that all cryptocurrency ATMs in the country were illegal, as none of the ATM's operators had successfully registered with the agency. The FCA cited a failure to comply with know your customer laws, as well as the high risk to customers, due to a lack of regulation and protection.[197] [198] |
Country or territory | Legality | |
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Australia | Legal----In December 2013, the governor of the Reserve Bank of Australia (RBA) indicated in an interview about bitcoin legality stating, "There would be nothing to stop people in this country deciding to transact in some other currency in a shop if they wanted to. There's no law against that, so we do have competing currencies."[199] Beginning in April 2018, Australian digital currency exchanges must register with the Australian Transaction Reports and Analysis Centre and implement "know your customer" policies to comply with new anti-money laundering legislation.[200] | |
New Zealand | Legal----The Reserve Bank of New Zealand states: "Non-banks do not need our approval for schemes that involve the storage and/or transfer of value (such as 'bitcoin') – so long as they do not involve the issuance of physical circulating currency (notes and coins)." |
Country or territory | Legality | |
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Legal----Prime Minister Sitiveni Rabuka is a proponent of cryptocurrencies and has even planned to make bitcoin legal tender as soon as 2023. | ||
Legal----The government officially supports the use of blockchain technologies, including cryptocurrencies.[201] | ||
Legal----Legalised in 2021.[202] |
Country or territory | Legality | |
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Legal----Decentralised autonomous organisations (DAOs), which are blockchain-based, are considered legal entities in the Marshall Islands. | ||
Legal----The use of cryptocurrencies is officially supported by the government.[203] |
Country or territory | Legality | |
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Legal----The use of cryptocurrencies in Samoa is legal but discouraged by the Central Bank of Samoa. | ||
Legal----Tonga plans to make bitcoin legal tender by the end of 2023. This has been planned since late 2021.[204] |