Introduction:
While the BTC rate prepares for 100k, somewhere in the offices, a new 'digital reality' is being prepared — with taxes, reporting, and crypto control. The NCCPFR issued a monumental document: 'Taxation Matrix of Virtual Assets,' which has every chance of becoming the crypto-Constitution for Ukrainian traders and holders.
1. Classification of tokens (or who are you?)
Tax authorities do not like mysteries, so tokens are divided into 3 types:
EMT (e-money tokens): like USDT, FDUSD. Pegged to one currency.
ART (asset-backed tokens): for example, tokens that represent gold.
Others: decentralized currencies (BTC, ETH), NFTs, utility tokens — everything here.
Goal: each token — its own regime. So that there is no confusion like with VAT in a café, where a pie is not a pie, but 'a pastry with filling that is subject to...' well, you understand.
2. How will they calculate your income?
There are two approaches:
Net income = income – expenses. Logically. But you need to have proof of expenses. If you bought BTC through an uncle on Telegram — you will pay the maximum.
Revenue (i.e. everything that came in): simpler, but even if you have a loss — you will pay tax. This is more like a 'tax on hope.'
3. When does the tax arise?
In Ukraine, it is proposed that income arises when exchanging for fiat. This is logical and resembles the approach of Georgia, France, and Austria.
That is:
Crypto-to-crypto = NOT taxed
Crypto-to-fiat = welcome, the moment of truth has come
4. Rate (and it is not in staking)
Standard: 18% + 1.5% military tax.
Preferential: 5% or 9% — if the law finally comes into being.
Possible exceptions for EMT and ART (because they are 'currency'), but we need to wait.
5. Expenses: to be or not to be?
Expenses must be proven.
FIFO — the default method (sell what you bought first).
If you bought through DEX or airdrop — prepare for expenses = 0.
⚠️ Criticism: without clear recognition of smart contracts and screenshots from DEX as proof — chaos awaits us.
6. Losses — sacred or forbidden?
There are options:
Considered, like in securities — until full redemption.
Sometimes — only within crypto operations.
Sometimes — it cannot be carried over to the next year at all (hello, Estonia).
7. Special cases: mining, staking, airdrops
Mining: most often = entrepreneurial activity. Special regime — only with small volumes.
Staking: either an entrepreneur or just income upon token sale.
Airdrop: there may be tax immediately, or only upon sale.
A cool example from Germany: if an airdrop is without 'service' (for example, for a like) — it is not taxed. But if you did something — pay.
8. Who can be exempt from payment?
If income for the year < 600 euros (Germany) — you may not have to pay anything.
Some countries exempt income from holding > 1 year (Georgia, Germany, Portugal).
Transfers between personal wallets and gifts to relatives — tax-free.
But it may not apply to self-hosted wallets. (Because anonymously — means suspicious.)
9. Who should be the tax agent?
In most countries — you are your own agent.
In Austria, exchanges are already required to withhold 27.5%.
In Ukraine, it is proposed to place the functions of tax withholding on CASP (services) — but then Kyiv wins again, not the villages. And it will create a lot of hassle for exchanges.
10. Global reporting — CARF and DAC8
Platforms, exchanges, even DeFi will collect information about you.
Reporting will include:
number of transactions
types of assets
amounts of transfers
Even if you transferred from an exchange to MetaMask — it is already suspicious.
DeFi will not hide. If the project has 'influence' on the protocol — it will be required to report.
11. Tokens before the law: black hole
Everything bought before the adoption of the crypto law — is in the fog.
Lack of proof = tax on the full amount.
AML checks can block your transfers.
It is proposed: a temporary regime, simplified taxation (minimum turnover rate), but with AML proof.
12. What about VAT?
Exchanging crypto for fiat — no VAT.
Payment for goods/services with crypto — with VAT.
Mining and staking — not always subject to VAT, only if there is 'economic activity.'
NFT = service. If you provide access to something — you pay VAT. If it's just a JPEG — you can get away with it.
Conclusion:
This matrix is not about today's tax but about a future reality that we will remember with nostalgia when we paid 0%. It provides a framework, but real pressure will begin when it is applied.
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