The legal features of the taxation of cryptocurrencies have several key aspects that distinguish them from traditional financial instruments. In Ukraine, despite progress in regulation, the system still has its gaps and causes controversy among the crypto community.
1. Tax rates:
For individuals, the tax on cryptocurrency income is 24.5% (19.5% income tax + 5% military levy), which is equivalent to the taxation of income from traditional financial assets such as stocks or deposits
Legal entities engaged only in cryptocurrency activities pay a tax of 5%. However, if the crypto activity is only part of the company's activities, the standard rate of 18% is applied.
2. Features of accounting: Unlike traditional assets, only the difference between the purchase and sale of an asset is taxed in crypto. For example, if you bought a token for UAH 10,000 and sold it for UAH 11,000, tax is paid only on UAH 1,000 of profit. But how to correctly calculate mining costs or transaction fees is still an open question.
3. International context: Ukraine takes an example from EU practice and implements elements of the MiCA regulation aimed at protecting investors and preventing fraud. Also under discussion is the integration of OECD standards for the automatic exchange of information on cryptocurrency assets to avoid tax evasion.
4. Problems and criticism:
Lack of clear mechanisms of control and verification of income. The state actually depends on the honesty of taxpayers.
High rates compared to other countries, such as Portugal or Singapore, make Ukraine less competitive for crypto investors. This may encourage them to withdraw assets to "friendlier" jurisdiction.
The irony of the situation: Despite all attempts to establish the "rules of the game", cryptocurrency by its very nature remains outside the full control of governments. It turns out that the taxation system seems to exist, but its compliance is based more on the enthusiasm of users than on real control.
If the state can reach a compromise between protecting its interests and attracting investors, the Ukrainian cryptocurrency market can become a regional center. So far, it's more like a game of chess without a king.