EU Opens Infringement Notices Over Crypto Tax Rules and MiCA Breaches

CN
3 hours ago

The European Commission has issued letters of formal notice to 12 European Union member states—Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, Cyprus, Luxembourg, Malta, the Netherlands, Poland and Portugal—for failing to fully transpose Directive, which amends the Directive on administrative cooperation to enable tax transparency and information exchange on crypto‑assets and financial accounts; those states have two months to reply and complete transposition.

Separately, the Commission has opened an infringement procedure against Hungary for enacting an act which creates an authorization regime for “exchange validation services” with criminal liability that conflicts with Regulation on markets in crypto‑assets (MiCA); Hungary has two months to address the Commission’s concerns or face a possible reasoned opinion, and any further action would follow EU infringement procedures.

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Which EU member states received letters on crypto tax rule transposition? Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, Cyprus, Luxembourg, Malta, the Netherlands, Poland and Portugal.
What EU law must those member states implement? They must transpose Directive (EU) 2023/2226 amending Directive 2011/16/EU on tax information exchange for crypto‑assets.
Why was Hungary sent a formal notice under MiCA? Hungary’s Act LXVII of 2025 introduced an authorization and criminal regime for exchange validation services that conflicts with MiCA.
What deadline do the countries have to respond to the Commission? Each Member State has two months to respond and correct transposition or compliance issues under EU procedures.

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