EU Parliament Backs DAC8 Crypto Tax Reporting Rule

The EU Parliament overwhelmingly approved the DAC8 crypto tax reporting rule, aiming to enhance oversight and curb tax evasion.

The European Parliament showcased significant backing for the Directive on Administrative Cooperation (DAC8) during their recent plenary session held in Strasbourg, France. Out of the votes cast, 535 members of the EU Parliament supported the crypto tax reporting rule, with only 57 voting against. Additionally, 60 members chose to abstain.

This crucial voting session on September 13 stands as a testament to the EU’s commitment to strengthening the oversight of cryptocurrency transactions. With the DAC8 rule, the European Union seeks to provide tax authorities with enhanced tools to effectively monitor and assess cryptocurrency dealings, whether by businesses or individuals, within the EU states.

DAC8’s Role in Curbing Tax Fraud and Evasion

Proposed by the European Commission on December 8, 2022, DAC8’s objective centers around setting a standardized reporting framework. Under this structure, service providers dealing with crypto assets are mandated to disclose transactions carried out by EU clients. Such measures are integral in ensuring tax authorities have clear visibility into the trading of crypto-assets. By doing so, it significantly minimizes opportunities for tax evasion and fraud.

Following the September 13 vote, the European Union has laid out a clear roadmap. Member states are expected to adopt and implement DAC8 rules by December 31, 2025. Once this milestone is achieved, the rule is set to be officially enforced starting January 1, 2026.

The path to DAC8 began with the approval of the Markets in Crypto-Assets (MiCA) legislation in May 2023. The title DAC8 denotes the rule’s progression, as the “8” signifies its eighth version. Each preceding directive catered to diverse aspects of financial regulation.

In its evolved version, DAC8 aligns seamlessly with the Crypto-Asset Reporting Framework (CARF) and the foundational principles stipulated in MiCA. Essentially, DAC8 casts its regulatory net over all cryptocurrency transactions taking place within the EU.

Addressing Concerns Surrounding DAC8

However, DAC8 isn’t without its critics. A segment of industry insiders suggests that DAC8 doesn’t significantly distinguish itself from CARF. They believe that the new rule potentially diminishes the regulatory autonomy of individual EU states.

Max Bernt, the top legal mind at Blockpit, earlier shared insights pointing to potential challenges. A pressing issue highlighted by Bernt involves the obligation of reporting crypto asset service providers (RCASPs) to ascertain the reportability of a transferred crypto-asset, requiring evaluations on an individual basis. Bernt also voiced apprehensions about “double reporting”, hinting at complexities as legislators juggle current rules with the upcoming ones.

While the EU Parliament’s overwhelming support for DAC8 underscores the importance placed on regulating cryptocurrency transactions, the coming years will be pivotal in addressing concerns and ensuring a smooth transition for all stakeholders involved.