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Fintech Market Overview

This article does not constitute legal advice.

Cryptocurrencies in Austria

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The EU Crowdfunding Regulation applies since 10 November 2021 and opens up new fundraising opportunities without the need for a full capital markets prospectus, including crowdfunding via a single European passport. In spite of the fact that they are not specifically aimed at fintechs or fintech start-ups, these new opportunities will be useful to fintechs as well.1

For income tax purposes, cryptocurrencies and tokens are considered immaterial and non-consumable assets, and their interest and gains are subject to capital gains tax. Gains from trading cryptocurrencies are tax-free if they are held for private assets for over one year.1

As with trading cryptocurrencies or operating a Bitcoin ATM, mining cryptocurrencies is a commercial activity subject to income tax.1

In accordance with Case C-254/14 of the European Court of Justice (Hedqvist), the Austrian Ministry of Finance states that exchanging fiat currency (e.g., the euro) against cryptocurrencies is not subject to VAT.1

If goods and services are delivered in exchange for Bitcoin or other cryptocurrencies, the goods and services are taxed the same way as payments effected in fiat currency (e.g., the euro). At the time of the exchange, the cryptocurrency value determines the amount of tax.1

Virtual currencies in Austria

Fintech in Austria

Fintech in other countries

Let's introduce you

Austrian Fintech Lawyers

Silvia Calls

Silvia Calls

We work for international SMEs, startups and Telco's

Kristina Berkes

Kristina Berkes

Participation as a lawyer at investment venture funds, leading venture M&A deals in IT, supporting iGaming and business assets

Viacheslav Losev

Viacheslav Losev

Legal support for FinTech and Blockchain projects

Notes
  1. https://thelawreviews.co.uk/title/the-financial-technology-law-review/austria
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