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What rules have governments made or planned for buying, holding, and taxing bitcoin?

Research question: What rules have governments introduced or proposed for buying, holding, and taxing bitcoin?

The records show the U.S. issued final regulations (TD 10000) on July 9, 2024, requiring certain digital asset brokers to report information and setting how basis is determined 10, and a March 2026 proposal would let brokers stop sending paper tax forms to customers who do not consent to electronic delivery 5. Where a broker could not treat a customer as an exempt foreign person and lacked a valid Form W-9, backup withholding applied to the customer's digital asset sale proceeds 8. For tax purposes, the IRS treats digital assets as property 13, and it treats new coins from a hard fork as ordinary income 27, while India imposes a flat income tax rate and a 1% TDS on crypto sales 30. The EU's MiCA regulation, which fully took effect on December 30, 2024, sets uniform rules for issuing, trading, and custodying crypto-assets 1820, but the records do not show how these rules apply specifically to buying or holding bitcoin, and China's 2021 notice declared all crypto-related business illegal 21, so the picture is only partly answered; the newest fact is from March 6, 2026, about seven months before October 2026 5.

Checked 2026-10-21. Only documented and supported facts are used.
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Sources

[1] documented
Under the first approach identified in the study, cryptocurrencies are recognized as a convertible virtual currency that can be used as a means of payment, but for tax purposes they are treated as property.
"the first approach is based on the recognition of cryptocurrencies as a type of convertible virtual currency that can be used as a means of payment. At the same time, in this approach, for tax purposes, cryptocurrencies are considered as property"
Foreign experience in legal regulation of cryptocurrency taxation (2023)
[2] supported
The Treasury Department and the IRS proposed regulations (REG-122793-19) on information reporting by brokers under section 6045, covering brokers that act as agents and dealers in digital asset transactions with customers.
"On August 29, 2023, the Treasury Department and the IRS published in the Federal Register (88 FR 59576) proposed regulations (REG-122793-19) (proposed regulations) relating to information reporting under section 6045 by brokers."
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[3] supported
Under the second approach, governments do not recognize cryptocurrencies as legal tender, and they are treated as property for tax purposes.
"under the second approach, cryptocurrencies are not recognized as legal tender. In the second approach, cryptocurrencies are treated as property for tax purposes"
Foreign experience in legal regulation of cryptocurrency taxation (2023)
[4] documented
The final regulations add digital asset brokers to the list of exempt recipients for digital asset sales, but only for U.S. digital asset brokers.
"final Sec. 1.6045-1(c)(3)(i)(B)(12) adds digital asset brokers to the list of exempt recipients for sales of digital assets, but limits such application to only U.S. digital asset brokers"
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)
[5] documented
Proposed rules would let digital asset brokers avoid sending paper tax forms to customers who do not consent to electronic delivery, and would allow those brokers to end the customer relationship instead.
"The rules proposed in these proposed regulations would not require the broker to furnish paper payee statements if the customer does not consent but, instead, would specifically permit brokers to terminate their business relationship with these customers."
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[6] documented
Digital assets are defined generally as any digital representation of value that is not cash and is recorded on a cryptographically secured distributed ledger or similar technology.
"digital assets, which are defined generally as any digital representation of value that is not cash and is recorded on a cryptographically secured distributed ledger"
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[7] documented
The third approach is a complete ban on using cryptocurrencies in the state, and under it no taxation of cryptocurrency transactions is established.
"the third approach is based on a complete ban on the use of cryptocurrencies in the state, taxation of transactions with cryptocurrencies is not established"
Foreign experience in legal regulation of cryptocurrency taxation (2023)
[8] documented
If a U.S. digital asset broker could not treat a customer as an exempt foreign person and did not obtain a valid Form W-9 when required, backup withholding applied to proceeds from the customer's digital asset sales.
"If a U.S. digital asset broker was not permitted to treat a customer as an exempt foreign person and failed to obtain a valid Form W-9 for the customer when required under Sec. 1.6045-1(c), backup withholding under section 3406 applied to proceeds from digital assets sales made on behalf of the customer."
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)
[9] documented
Unlike existing rules, the proposal would not require digital asset brokers to let customers withdraw a consent to electronic delivery once given.
"Additionally, unlike the existing rules, the rules proposed in these proposed regulations would not require brokers to permit customers to withdraw a previously provided consent."
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[10] supported
The Treasury and IRS issued final regulations (TD 10000) on July 9, 2024, requiring information reporting by certain digital asset brokers and setting how amount realized and basis are determined for digital asset sales and exchanges.
"On July 9, 2024, the Treasury Department and the IRS published in the Federal Register (89 FR 56480) final regulations (REG-122793-19) (TD 10000) regarding information reporting by certain brokers and the determination of amount realized and basis for certain digital asset sales and exchanges."
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[11] documented
The proposed rules would have allocated one-half of a taxpayer's digital asset transaction costs to the acquisition of received digital assets when exchanged for materially different digital assets, for determining basis.
"allocating one-half of the total digital asset transaction costs paid by the taxpayer to the acquisition of the received digital assets for purposes of determining the basis of those received digital assets."
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] supported
Brokers that operate only through kiosks, and payment processors whose digital assets sit at another custodial broker, would have to send the initial disclosure statement by email or mail within five business days after the customer explicitly consents.
"within five business days of the customer's explicit action to provide positive consent"
Electronic Furnishing of Payee Statements Regarding Digital Asset Sales by Brokers (Treasury Department, Internal Revenue Service, 2026-03-06)
[13] documented
For federal income tax purposes, digital assets are treated as property, and before TD 10000 many digital asset transactions fell outside information reporting rules.
"Prior to TD 10000, many transactions involving digital assets were outside the scope of information reporting rules. Digital assets are treated as property for Federal income tax purposes."
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[14] supported
The international CARF framework requires reporting of digital asset acquisitions and transfers, aggregate reporting, and different stablecoin rules than the U.S. final regulations.
"the CARF requires reporting of acquisitions and transfers of digital assets, requires all reporting to take place on an aggregate basis, and has different rules for reporting of stablecoins than the final 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)
[15] supported
The IRS's 2019 tax gap analysis estimated net misreporting at 55 percent for income with little to no third-party information reporting, versus 17 percent for capital gains and five percent for dividend and interest income.
"The IRS estimated in its 2019 tax gap analysis that net misreporting as a percent of income for income with little to no third party information reporting is 55 percent."
Gross Proceeds Reporting by Brokers That Regularly Provide Services Effectuating Digital Asset Sales (Treasury Department, Internal Revenue Service, 2024-12-30)
[16] supported
The EU's MiCA regulation requires Crypto-Asset Service Providers (CASPs) to hold a minimum of €50,000 in qualifying own funds, depending on the service class.
"CASPs must hold the higher of the Annex IV minimum (€50,000 / €125,000 / €150,000 by service class) or 25 % of the preceding year’s fixed overheads, in qualifying own funds."
MiCA Crypto Regulations in the EU: Complete 2026 Compliance Guide
[17] supported
The EU's Transfer of Funds Regulation extends the Travel Rule to crypto-asset transfers, requiring originator and beneficiary information to accompany transfers handled by CASPs.
"Transfer of Funds Regulation: Regulation (EU) 2023/1113 extends the Travel Rule to crypto-asset transfers. It requires relevant originator and beneficiary information to accompany transfers handled by CASPs."
MiCA Crypto Regulations in the EU: Complete 2026 Compliance Guide
[18] supported
The EU's Markets in Crypto-Assets (MiCA) regulation fully came into effect on December 30, 2024, initiating a transitional period for existing service providers.
"On December 30, 2024, MiCA fully came into effect, and the transitional grandfathering period began."
MiCA Regulation and EU Crypto Rules: What Changes in 2026
[19] supported
Existing crypto-asset service providers (CASPs) have until July 1, 2026, to obtain authorization or cease operations in the EU, depending on the member state's specific transitional window.
"Depending on the member state, this grandfathering period can last until July 1, 2026, or until a provider is granted or denied authorization, whichever comes first."
MiCA Regulation and EU Crypto Rules: What Changes in 2026
[20] supported
MiCA establishes uniform rules across all EU member states for the issuance, trading, and custody of crypto-assets, replacing previously fragmented national laws.
"Formally known as Regulation (EU) 2023/1114 , MiCA establishes uniform rules across all EU member states for the issuance, trading, and custody of crypto-assets that were previously governed by fragmented national laws."
MiCA Regulation and EU Crypto Rules: What Changes in 2026
[21] supported
China's 2021 regulatory notice declared all crypto-related business activities, including exchange services and token issuance, illegal.
"The 2021 notice by ten agencies (PBoC at the front) declared all crypto-related business activities illegal: exchange services, order matching, token issuance, derivatives, and providing such services to mainland residents from offshore."
China's Crypto Ban Explained: What Is Actually Illegal in 2026 ...
[22] documented
The Grayscale Bitcoin Mini Trust ETF is not registered under the Investment Company Act of 1940, so it is not subject to the same regulations and protections as 1940 Act registered ETFs and mutual funds.
"Grayscale Bitcoin Mini Trust ETF ("ETH" or the "Fund"), an exchange traded product, is not registered under the Investment Company Act of 1940 (or the ’40 Act) and therefore is not subject to the same regulations and protections as 1940 Act registered ETFs and mutual funds."
FWP Grayscale Bitcoin Mini Trust ETF (BTC) (CIK 0002015034) 2025-09-23
[23] supported
For federal tax purposes, the IRS treats virtual currency as property, similar to stock, rather than as a currency that can generate foreign currency gain or loss.
"notified that for federal tax purposes, virtual currency is treated as property which is similar to saying that it is treated like a stock and not as a currency that could generate foreign currency gain or loss."
A COMPARATIVE REVIEW OF TAXATION POLICIES REGARDING CRYPTOCURRENCIES (2023)
[24] documented
The Trust that holds the bitcoin is subject to the rules and regulations of the Securities Act of 1933.
"The Trust is subject to the rules and regulations of the Securities Act of 1933."
FWP Grayscale Bitcoin Mini Trust ETF (BTC) (CIK 0002015034) 2025-09-23
[25] supported
Under the described regime, crypto held for less than one year is taxed at a short-term capital gains rate equal to the ordinary income tax rate, up to 37%.
"якщо криптовалютою володіли менше ніж рік, застосовується ставка короткострокового капітального податку, яка відповідає ставці звичайного податку на дохід (у межах 37%);"
GLOBAL EXPERIENCE IN CRYPTOCURRENCY TAXATION (2024)
[26] supported
There is still no unified European approach to defining what cryptocurrencies are or to creating a common policy for taxing them, partly because of user anonymity and the aim of virtual currencies to bypass traditional financial institutions.
"The author notices that there is still no unified approach to defining what cryptocurrencies are, and how countries can develop a common policy for taxing them."
Legal Regulation Of Cryptocurrency Taxation in European Countries (2019)
[27] supported
The IRS treats new cryptocurrency received from a hard fork as ordinary taxable income, valued at the coins' value.
"The IRS confirmed that new cryptocurrency received due to a hard fork, a permanent change to the rules of a digital currency's blockchain, is ordinary, taxable income."
A COMPARATIVE REVIEW OF TAXATION POLICIES REGARDING CRYPTOCURRENCIES (2023)
[28] supported
Crypto holders must pay income tax when they receive cryptocurrency as payment for goods or services, or when they receive it from mining or staking.
"Крім того, криптоентузіасти зобов’язані сплачувати податки на прибуток у разі: отримання криптовалюти як оплати за товари або послуги, отримання криптовалюти за майнінг і стейкінг."
GLOBAL EXPERIENCE IN CRYPTOCURRENCY TAXATION (2024)
[29] supported
Germany treats Bitcoin as a financial instrument and exempts it from VAT, while a German federal court has recently ruled that crypto profits are taxable.
"recognizing Bitcoin as a financial instrument and exempting it from VAT. However, the German Federal Fiscal Court has recently ruled that crypto profits are taxable"
A COMPARATIVE REVIEW OF TAXATION POLICIES REGARDING CRYPTOCURRENCIES (2023)
[30] supported
India imposes a flat income tax rate and a 1% TDS tax on cryptocurrency asset sales.
"India imposes a flat income tax rate and a 1% TDS tax on cryptocurrency asset sales."
A COMPARATIVE REVIEW OF TAXATION POLICIES REGARDING CRYPTOCURRENCIES (2023)