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What rules apply to buying crypto in big countries in October 2026?

Research question: What rules currently apply to buying and selling crypto in major markets as of October 2026, and what counts as a legally recognized trade?

In the EU, the MiCA transitional period ended on 1 July 2026, and entities providing crypto-asset services without MiCA authorisation must stop those activities 1213. In Brazil, Central Bank Resolutions 519, 520 and 521 took effect on 2 February 2026, and firms that let customers trade, hold, or send crypto must hold a license, minimum capital, and segregated client accounts by October 30, 2026 1933. In Japan, crypto-asset exchange business requires registration under the Payment Services Act and is subject to anti-money-laundering obligations 2129. In the U.S., Treasury and the IRS rejected limiting the broker definition to custodial brokers for 1099-DA reporting 8, while the SEC's "Regulation Crypto Assets" remains only a proposal 20. The records do not give a cross-market test for what counts as a legally recognized trade, though Japan defines a crypto-asset as property that can be bought and sold with unspecified parties and transferred electronically 24; the newest dated facts are from October 2026 40.

Checked 2026-10-20. Only documented and supported facts are used.
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Sources

[1] documented
The final U.S. regulations reserve the rules for non-U.S. brokers and limit the definition of a U.S. digital asset broker for applying the exempt foreign person provisions.
"As the final regulations reserve on the rules of Sec. 1.6045-1(g)(4) relating to non-U.S. brokers, the final regulations limit the definition of a U.S. digital asset broker for purposes of applying the provisions of Sec. 1.6045-1(g)(4)."
Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions (Treasury Department, Internal Revenue Service, 2024-07-09)
[2] supported
Treasury guidance T.D. 10000 addresses gross proceeds and basis reporting by brokers and how the amount realized and basis for digital assets are determined.
"Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset."
Agency Information Collection Activities; Comment Request on U.S. Information Returns and Related Forms, Schedules, Attachments, and Published Guidance (Treasury Department, Internal Revenue Service, 2026-07-13)
[3] documented
Without the proposed alternative rules, digital asset brokers would have to send 1099-DA statements on paper to any customer who does not affirmatively consent to electronic delivery.
"require brokers to furnish 1099-DA statements on paper for any customer that does not affirmatively consent (or withdraws a previously provided consent) to receiving the 1099-DA statements in an electronic format."
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[4] documented
TD 10000 also covers persons who deal with customers as counterparties, including brokers that transact as dealers in digital assets and certain issuers that regularly offer to redeem their digital assets.
"brokers that transact as dealers in digital assets, and certain issuers of digital assets who regularly offer to redeem those digital assets"
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[5] documented
Under the proposed rules, a non-U.S. digital asset broker not acting as a money services business had no reporting or backup withholding duties unless it collected information showing specified U.S. indicia about a customer.
"Under the proposed regulations, unless the broker collects certain information about a customer that shows certain specified ``U.S. indicia,'' the broker has no reporting or backup withholding requirements under the proposed regulations."
Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions (Treasury Department, Internal Revenue Service, 2024-07-09)
[6] documented
Form 1099-DA is one of the information return forms that the IRS is including in its consolidated information-reporting collection.
"These include Forms 1098, 1099-B, 1099-DA, 1099-DIV"
Agency Information Collection Activities; Comment Request on U.S. Information Returns and Related Forms, Schedules, Attachments, and Published Guidance (Treasury Department, Internal Revenue Service, 2026-07-13)
[7] supported
The Treasury and IRS said paper furnishing could be unnecessarily burdensome for digital asset brokers because some customers make a large number of transactions each year and digital asset customers almost exclusively transact electronically.
"The Treasury Department and the IRS acknowledge that the cost of furnishing 1099-DA statements on paper for customers that do not provide their consent under the existing rules may be unnecessarily burdensome for brokers that effect sales of digital assets because of the large number of digital asset transactions that some customers engage in each year"
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[8] documented
Treasury and the IRS rejected the view that the broker definition is limited to custodial brokers, noting that the statute contains no such limitation.
"there is no custodial broker limitation in the definition of broker in section 6045(c)(1)"
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[9] supported
Commenters argued that purely blockchain-based digital assets such as cryptocurrencies or governance tokens should be excluded from securities or commodities reporting rules because their legal treatment as securities or commodities may be uncertain.
"one comment recommended that the reporting rules for sales of securities and commodities apply to any digital asset representing readily ascertainable securities or commodities and not purely blockchain-based digital assets, such as cryptocurrencies or governance tokens, for which treatment as securities or commodities may be uncertain."
Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions (Treasury Department, Internal Revenue Service, 2024-07-09)
[10] supported
The proposed rules would let digital asset brokers obtain customer consent to electronic 1099-DA furnishing without offering customers a paper option, but would require enhanced electronic notice and longer access periods.
"these proposed regulations propose alternative rules that would allow digital asset brokers to obtain customer consent to the electronic furnishing of 1099-DA statements without having to offer customers the choice of receiving the 1099-DA statements on paper."
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[11] documented
The IRS deferred comments specific to non-U.S. brokers to future regulations rather than addressing them in this rule.
"Comments specific to non-U.S. brokers will be addressed as part of future regulations."
Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions (Treasury Department, Internal Revenue Service, 2024-07-09)
[12] documented
From 1 July 2026, any entity providing crypto-asset services to EU clients without MiCA authorisation must stop those activities, as the EU transitional period ends.
"On that date, any entity providing crypto-asset services to clients in the European Union without being authorised under the MICA Regulation must cease such activities."
End of the MiCA transitional period: ESMA sets out its expectations of professionals and warns retail investors
[13] supported
The MiCA transitional period for crypto firms ends on 1 July 2026, serving as the EU-wide backstop for grandfathered crypto firms.
"The MiCA transitional period ends 1 July 2026, the EU-wide backstop for grandfathered crypto firms."
MiCA transitional period ends for CASPs 1 July 2026
[14] documented
Entities established outside the EU may not provide crypto-asset services to EU clients, except under a limited reverse solicitation exemption.
"Entities established outside the European Union may not provide crypto-asset services to EU clients (apart from the limited exemption for reverse solicitation)."
End of the MiCA transitional period: ESMA sets out its expectations of professionals and warns retail investors
[15] supported
Under Article 143(3) of MiCA, crypto-asset service providers that operated before 30 December 2024 may continue until 1 July 2026 or until they are granted or refused authorisation, whichever is sooner.
"provided their services in accordance with applicable law before 30 December 2024, may continue to do so until 1 July 2026 or until they are granted or refused an authorisation pursuant to Article 63, whichever is sooner."
MiCA transitional period ends for CASPs 1 July 2026
[16] documented
CASPs may not outsource certain services, notably crypto-asset custody, to unauthorised firms.
"Furthermore, CASPs may not outsource certain services to unauthorised firms, in particular the custody of crypto-assets."
End of the MiCA transitional period: ESMA sets out its expectations of professionals and warns retail investors
[17] supported
MiCA investor protections apply only to the EU-authorised legal entity, not to affiliated entities or firms authorised outside the EU, so investors must check which entity they contracted with.
"MiCA protections only apply to the legal entity authorised in the European Union and not to affiliated entities or those authorised outside the European Union."
End of the MiCA transitional period: ESMA sets out its expectations of professionals and warns retail investors
[18] supported
Investors are advised to confirm their provider is listed as an authorised CASP on the AMF website, and to move crypto-assets to an authorised CASP or self-hosted wallet if it is not.
"please check that your provider is listed as an authorised CASP on the AMF website."
End of the MiCA transitional period: ESMA sets out its expectations of professionals and warns retail investors
[19] supported
Brazil's Central Bank Resolutions 519, 520 and 521 took effect on 2 February 2026, requiring virtual asset service providers to obtain authorisation.
"Central Bank Resolutions 519, 520 and 521 took effect on 2 February 2026, requiring virtual asset service providers to obtain authorisation and meet strict governance rules."
Brazil Tightens School Phone Rules and Crypto Oversight (riotimesonline.com, 2026-08)
[20] supported
The SEC has only proposed a new framework called "Regulation Crypto Assets" for crypto capital raising, so it is not yet an adopted rule.
"The U.S. Securities and Exchange Commission has proposed a new framework, “Regulation Crypto Assets,” specifically designed to enable cryptocurrency projects to raise capital."
U . S . Securities and Exchange Commission Proposes Allowing Crypto Projects to Raise Up to $75 Mln Under Special Rules (fixygen.ua, 2026-09)
[21] supported
Crypto-asset exchange business in Japan requires registration with the Prime Minister (Cabinet Office) under the Payment Services Act, which introduced a registration system for these exchanges.
"暗号資産交換業について内閣総理大臣の登録制を導入し(第63条の2)"
資金決済に関する法律
[22] supported
Japan renamed 'virtual currency' to 'crypto-asset' through an amended Payment Services Act that took effect in 2020.
"日本では2020年施行の改正 資金決済法 により暗号資産へと変更された"
暗号資産
[23] supported
The amendment that brought crypto-asset exchange rules into the Payment Services Act was passed on 25 May 2016 and took effect on 1 April 2017.
"改正法 [ 4 ] は、2016年(平成28年)5月25日に成立し、2017年(平成29年)4月1日に施行した。"
資金決済に関する法律
[24] supported
Japan's Payment Services Act defines a crypto-asset as property of value that can be used to pay for goods with unspecified parties and can be bought and sold with unspecified parties, and that can be transferred electronically.
"不特定の者を相手方として購入及び売却を行うことができる財産的価値"
暗号資産
[25] supported
Issuers under the proposal must still disclose information to investors and remain subject to anti-fraud and market manipulation laws.
"At the same time, issuers must disclose information to investors and will continue to be subject to laws regarding fraud and market manipulation."
U . S . Securities and Exchange Commission Proposes Allowing Crypto Projects to Raise Up to $75 Mln Under Special Rules (fixygen.ua, 2026-09)
[26] supported
The amended Japanese Payment Services Act and Financial Instruments and Exchange Act changes took effect on 1 May 2020.
"この改正資金決済法・改正金融商品取引法は、2020年5月1日に施行された"
暗号資産
[27] supported
Existing virtual asset service providers had to apply for authorisation by 29 October 2026, and from 30 October 2026 licensed banks and payment firms can no longer deal with unauthorised VASPs.
"Existing virtual asset service providers must apply for authorisation between 2 February and 29 October 2026. From 30 October 2026, licensed banks and payment firms can no longer deal with unauthorised VASPs, effectively cutting them off from the financial system."
Brazil Tightens School Phone Rules and Crypto Oversight (riotimesonline.com, 2026-08)
[28] supported
The SEC proposes a safe harbor that, if certain requirements are met, lets the crypto asset be separated from the initial investment contract.
"The SEC is also proposing a safe harbor mechanism that, subject to meeting a number of requirements, allows the crypto asset itself to be separated from the initial investment contract."
U . S . Securities and Exchange Commission Proposes Allowing Crypto Projects to Raise Up to $75 Mln Under Special Rules (fixygen.ua, 2026-09)
[29] supported
Crypto-asset exchanges are designated business operators under the Act on Prevention of Transfer of Criminal Proceeds, so they are subject to anti-money-laundering obligations.
"暗号資産交換業も犯罪収益移転防止法における特定事業者となる(犯罪収益移転防止法2条2項32号)。"
資金決済に関する法律
[30] supported
Japan's 2016 amendment to the Payment Services Act, effective 1 April 2017, first wrote 'virtual currency' such as Bitcoin into Japanese law.
"ビットコインなどの「仮想通貨」が日本の法律に定められた"
暗号資産
[31] supported
Brazil's Legal Framework for Virtual Assets passed in 2022 gave the Central Bank authority over the crypto sector.
"Brazil passed its Legal Framework for Virtual Assets in 2022, handing the Central Bank authority over the sector, and three resolutions the bank published in November 2025 gave that authority teeth."
Brazilian Banks Expand Crypto Offerings as Regulation Takes Hold (finance.yahoo.com, 2026-09)
[32] supported
Regulators have confirmed that banks may provide and outsource crypto custody and execution services, according to State Street's March regulatory update.
"According to State Street's March regulatory update, regulators have confirmed that banks may provide and outsource crypto custody and execution services."
Deutsche Bank Is Weeks From Holding Bitcoin and Ethereum for Clients . Could Other Big Banks Follow ? (aol.com, 2026-10)
[33] supported
Any firm letting customers trade, hold, or send crypto in Brazil must now have a license, a minimum capital cushion, and segregated client accounts, with an October 30 compliance deadline.
"Any firm that lets customers trade, hold, or send crypto now needs a license, a minimum capital cushion, and segregated client accounts, with an October 30 deadline to comply."
Brazilian Banks Expand Crypto Offerings as Regulation Takes Hold (finance.yahoo.com, 2026-09)
[34] supported
The Basel Committee, which sets global bank capital rules, discussed reviewing its crypto regulations, and easing those standards could make it more financially viable for banks to enter crypto.
"The Basel Committee, which develops global bank capital rules, discussed reviewing its crypto regulations in February, suggesting that easing these standards could make it more financially viable for banks to enter the crypto market."
Deutsche Bank Is Weeks From Holding Bitcoin and Ethereum for Clients . Could Other Big Banks Follow ? (aol.com, 2026-10)
[35] supported
Under Resolution 521, buying or exchanging a dollar-pegged token is treated as a foreign exchange operation, subject to the same reporting requirement as sending money abroad.
"One of those rules, Resolution 521, treats any purchase or exchange of a dollar-pegged token as a foreign exchange operation , the same reporting bar applied to sending money abroad."
Brazilian Banks Expand Crypto Offerings as Regulation Takes Hold (finance.yahoo.com, 2026-09)
[36] supported
BNY became a pioneer of crypto custody after receiving approval from New York's financial regulator, starting Bitcoin and Ether custody services.
"BNY ( NYSE:BK ) has pioneered crypto custody, starting services for Bitcoin and Ether in October 2022 after receiving approval from New York's financial regulator."
Deutsche Bank Is Weeks From Holding Bitcoin and Ethereum for Clients . Could Other Big Banks Follow ? (aol.com, 2026-10)
[37] supported
Banks selling crypto to clients is distinct from proprietary holding; none of Brazil's banks had crossed into proprietary crypto ownership as of the report.
"Proprietary exposure only exists, he said, when a bank buys crypto with its own money and absorbs the price, liquidity, and credit risk that comes with it. By that standard, none of Brazil's banks have crossed into ownership yet."
Brazilian Banks Expand Crypto Offerings as Regulation Takes Hold (finance.yahoo.com, 2026-09)
[38] supported
Deutsche Bank's custody service was pledged to give European institutional and corporate clients regulated crypto custody by the end of 2026, subject to pending regulatory approvals.
"Deutsche Bank first announced its custody service on September 16, pledging that European institutional and corporate clients would have access to regulated custody by the end of 2026, pending regulatory approvals."
Deutsche Bank Is Weeks From Holding Bitcoin and Ethereum for Clients . Could Other Big Banks Follow ? (aol.com, 2026-10)
[39] supported
Central Bank filings from March 2026 showed zero virtual asset holdings on Brazilian banks' books, even though banks can custody and process crypto for clients.
"Central Bank filings dated March 2026 and reviewed by Folha show zero holdings of virtual assets on the books of Brazilian banks, even though institutions can custody and process crypto on clients' behalf."
Brazilian Banks Expand Crypto Offerings as Regulation Takes Hold (finance.yahoo.com, 2026-09)
[40] supported
Deutsche Bank's crypto custody service targets institutions and corporations, so individual account holders cannot use it to store cryptocurrencies.
"This service targets institutions and corporations, so individual account holders will not be able to use it to store cryptocurrencies."
Deutsche Bank Is Weeks From Holding Bitcoin and Ethereum for Clients . Could Other Big Banks Follow ? (aol.com, 2026-10)