Background

EU Expands Crypto-Asset Tax Reporting with DAC8 Directive

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EU Adopts DAC8 Expanding Tax Reporting to Crypto Assets
Key Points:
  • EU adopts DAC8, effective January 2026 across crypto markets.
  • Crypto transactions now reportable events.
  • Impacts service providers and users.

The EUโ€™s DAC8 rules, set to take effect on January 1, 2026, mandate reporting of crypto-asset transactions by service providers, including withdrawals to self-custody wallets as reportable tax events, without banning self-custody. Providers must report interactions with unhosted wallets, increasing tax transparency for EU residents.

The DAC8 regulation marks a significant step in EU efforts to enhance tax compliance and address crypto-market opacity. The directive imposes extensive reporting duties on transactions involving self-custody wallet withdrawals.

Expansion of the EU Tax Framework

The European Commission and the EU Council have formulated Directive (EU) 2023/2226, also known as DAC8, incorporating crypto-assets into the EU tax framework. Starting January 2026, crypto transactions, including those involving self-custody wallets, will become reportable.

DAC8 aims to extend automatic exchange of information (AEOI) to crypto-assets and e-money and applies from 1 January 2026.

The decision affects crypto-asset service providers operating in the EU, requiring them to report all transactions involving withdrawals to self-custody wallets. These measures are designed to track crypto activities, increasing tax transparency in the EU.

DAC8 is expected to generate โ‚ฌ1โ€“2.4 billion annually in additional tax revenue for EU member states. It entails an estimated โ‚ฌ259 million in implementation costs and up to โ‚ฌ24 million yearly maintenance expenses for service providers.

Impact on Self-Custody and Compliance

With DAC8 in force, self-custody isnโ€™t banned, but withdrawals to unhosted wallets will become reportable events. This regulatory change aims to provide tax authorities a clearer view of assets beyond the regulated perimeter.

Service providers must adopt new KYC measures, including collecting Tax Identification Numbers (TINs). Non-compliant users may face account restrictions, ensuring the integrity of DAC8โ€™s implementation by January 2026.

Affected crypto assets include BTC, ETH, stablecoins, DeFi tokens, and NFTs, regarded as โ€œcrypto-assetsโ€ under DAC8. Users might explore non-custodial options to avoid centralized scrutiny, potentially altering EU crypto market dynamics.

Global Alignment and Compliance Challenges

DAC8 aligns with global frameworks like the OECD CARF and FATF Travel Rule, suggesting initial compliance struggles but eventual market adaptation, following patterns observed with past regulatory initiatives.

The adoption of DAC8 highlights the EUโ€™s intention to strengthen crypto-market oversight while mandating cross-border transaction transparency, significantly impacting strategies of service providers, investors, and policymakers.

Read more on CryptoRank.

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