Netherlands - Crypto penetration

intro

The Netherlands is one of the world leaders in crypto regulation. It has a detailed crypto regulation framework, which is becoming more strict. For instance, the local regulator has recently refused Binance to get a license.

Security level

According to our rating, the Netherlands is a safe place. The country has 73.8 points (from 100) for safety level in Numbeo crime rating(1). Homicide level(2) is 0,6 per 100,000 a year. Level of firearm-related death (3) 0,42 per 100,000 a year.

Crypto Payments

According to the crypto guide (4) of the local tax authority, it’s legally allowed to pay for goods and services in crypto.

Quote

If your company is paid for its services or deliveries in cryptocurrencies, you must convert the cryptocurrencies into euros. You add the converted amount to your turnover. When exchanging the crypto currency, the company can make a profit or a loss. This is reflected in the profit and loss account. Does your company own cryptocurrencies on the balance sheet date? If so, value it at cost price or lower market value.

Crypto Salaries

The Dutch Customs Administration confirms the legal status of the crypto payroll. Wages paid by an employer via cryptocurrency are regarded as wages and are subject to tax and social payments. You may check more details here (5)

Legal

The DNB (DeNiederlandishenBank) is the primary crypto regulator in the country. Its position regarding crypto licenses is published on the official website (6).

On the basis of the Act implementing amendments to the Fourth Anti-Money Laundering Directive, crypto service providers, i.e. firms offering services for the exchange between virtual and regular currencies, and providers of custodian wallets for virtual currencies must request registration with DNB.

The DNB separates crypto companies that need its registration into two groups:

Services for the exchange between virtual and regular currencies (7)

B enefits for the provision of custodian wallets (8)

Providers of such exchange services only need to register if they provide these services in a professional capacity or on a commercial basis in or from the Netherlands.

At the same time, providers of crypto-to-crypto exchange services do not need to register with DNB (9)

Moreover, DNB also licenses other crypto operations (10).

Institutions that hold a licence from DNB or the AFM, for example under the Financial Supervision Act (Wet financieel toezicht – Wft) or the Act on the Supervision of Trust Offices (Wet toezicht trustkantoren – Wtt), must still register.

Tokensales and ICOs need special licenses only in case they are securities. In this case, they are regulated (11) by the local Financial Market Authority under the Financial Supervision Act.

Current DNB’s register of crypto service providers includes (12) 67 companies.

If you would like to read policies, you can look at the brief of the Dutch Finance Minister about crypto regulation. According to the letter (13), the government plans to regulate DeFi NFT within a year of MiCA implementation. Notes that there are problems with trading/exchanges and that MiCA will solve them by increasing capital requirements.

There's also information on the regulation of Stablecoins. Now, they are discussing how to keep young people 13-25 years old from investing in cryptocurrencies under the influence of advertising and bloggers. The government is funding an education campaign against it.

Taxation

Tax name	Rate
PIT tax Min	9.28
PIT tax Max	49.5
Min Individual CGT (for crypto)	0
Max Individual CGT tax (for crypto)	31
Corporate tax (CIT)	25.8
Wealth tax Min	0
Wealth tax Max	5,69
Mining tax
TDS tax

WT and CGT

There is no capital gain tax in the Netherlands, according to Koinly (14). Unfortunately, cryptocurrency is “taxed on the presumed increase in value of assets based on the fair market value on 1 January”. The value of assets under €50,000 is tax-free. If it’s between €50,001 to €100,000, you pay 1,898%, and 4,501% for a value between €100,001 to €950,001, and 5,69% if it’s more than €950,001. However, crypto gains may be a subject of 31% CGT in some cases.

PIT tax

Crypto salaries, staking rewards, and DeFi interest are subject to income tax. Tax rates (15) are between 9,28% and 49,5% for profits up to 73,031 euro. If profitable, mining revenue is subject to income tax(16) between 37.07% and 49.50%.

CIT tax

According to PWC (17), the CIT tax rate in the Netherlands is 25.8%.

Links

1) Crime Index by Country 2023 Mid-Year

2)List of countries by intentional homicide rate.

3)List of countries by firearm-related death rate. This is a historical list of countries by firearm-related death rate per 100,000 population in the listed year

4 and 5)Cryptovaluta (zoals bitcoins). Cryptocurrency (like bitcoins).

6)Registration of crypto service providers

7)Services for the exchange between virtual and regular currencies.

8)Services for the provision of custodian wallets

9)Providers of crypto-to-crypto exchange services need not register with DNB

10)Duty to register for institutions already subject to financial supervision under legislation other than the Wwft

11)Cryptocurrency Regulation in the Netherlands—How Companies Can Stay Compliant in 2023

12) Register of crypto service providers

14 and 16)Crypto Tax Netherlands: Ultimate Guide 2023

13) Stand van zaken omtrent de regulering van crypto's. State of affairs regarding the regulation of crypto’s.

15)PWC Netherlands.

17)PWC Overview Netherlands