The tax regime of cryptocurrencies should be simplified with the new measures which come into force on January 1, 2023.
Gone is the very convoluted distinction between occasional seller and habitual seller, the majority of holders of crypto-assets will now have to be able to get away with a flat tax.
The end of a gray area
In the world of cryptocurrencies, the possible taxation of capital gains has always led to endless discussions. It must be said that the states, and particularly France, do not always offer clear frameworks that would allow you to know exactly what to expect.
Thus, until December 31, 2022, an investor who resells his crypto-assets with a capital gain at the end of the day must ask himself the following question: am I an occasional or habitual seller? The questioning is by no means idle, since the administration relies on criteria such as the volumes involved, the frequency of transactions or the amounts involved to characterize the taxed person. All without indicating numerical thresholds that objectively establish distinctions.
And the difference is size. Occasional sellers benefit from a tax at the flat rate of 12.8% (excluding social security contributions) while regular sellers are taxed under the industrial and commercial profits (BIC) system, i.e. the progressive scale of the tax.
A flat tax for all amateurs
But in a few days, things change. The new separation will be between private sellers and professional sellers. Thus, no matter how you manage your private assets and the transactions you carry out, you will be considered as a private seller, and will benefit from the flat tax applied to income from movable capital. The latter includes a flat rate of 12.8%, to which are added 17.2% of social security contributions, or 30% of the capital gain which falls into the purse of the state.
Only investors who carry out sophisticated operations and use the tools and techniques of traders will be considered professionals, and therefore placed under the non-trading profits (BNC) regime. This category will thus have to submit to the progressive tax system.
The status of miners, who produce coins and tokens themselves, is also clear with this reform. The tax authorities consider them all to be professionals.
Source : What to choose
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