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Crypto Regulation in Austria
Legal
Austria regulates crypto under FMA oversight and EU MiCA. Crypto assets are treated as intangible assets for tax purposes. The FMA has been proactive in licensing CASPs and enforcing compliance with EU regulations.
Region: EuropeCurrency: EURAdoption Rank: #30Risk Score: 25/100
Frequently Asked Questions
Is crypto legal in Austria?
Cryptocurrency is currently classified as "Legal" in Austria. Austria regulates crypto under FMA oversight and EU MiCA. Crypto assets are treated as intangible assets for tax purposes. The FMA has been proactive in licensing CASPs and enforcing compliance with EU regulations.
What is the crypto tax rate in Austria?
In Austria, the personal capital gains tax on crypto is 27.5% flat tax on crypto capital gains (KESt) since March 2022, and the corporate tax rate is 23% corporate tax (reduced from 25%) on crypto gains. Since the eco-social tax reform effective March 2022, Austria treats crypto as financial assets subject to a 27.5% flat withholding tax (KESt) on gains. The previous 1-year holding period exemption was eliminated. Crypto-to-crypto swaps are generally not taxable events. Mining and staking income is also subject to the 27.5% rate.
Do I need a crypto license in Austria?
Yes, a crypto license is required in Austria. The regulator is Finanzmarktaufsicht (Financial Market Authority) under Markets in Crypto-Assets Regulation (MiCA); Austrian FM-GwG. Estimated licensing cost: $30,000 - $200,000.
Is crypto mining legal in Austria?
Yes, crypto mining is legal in Austria. Electricity costs approximately $0.15/kWh. Mining income is taxed at: 23% corporate tax (reduced from 25%) on crypto gains.
What are the AML/KYC requirements for crypto in Austria?
Yes, crypto businesses in Austria must comply with KYC (Know Your Customer) requirements. The FATF Travel Rule is implemented. FATF compliance status: compliant.