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Changes in Italy's Crypto Tax Law

by
Deepak Pareek
3
min read

Recently, the Deputy Economy Minister Maurizio Leo has proposed to increase the capital gain tax rate on Bitcoin from 26% to 42%. The move coincides with the European Union’s preparation to implement its Markets in Crypto-Assets Regulation (MiCA), which aims to create a unified regulatory framework for cryptocurrencies across the EU.

Currently, Italy taxes capital gains from cryptocurrencies over €2,000 ($2,171) at 26%, classifying them as “miscellaneous income.” The proposed hike is one of measures taken by the Italian government to stabilize the country’s economy. In the recent past, Italy has seen huge upsurge in adoption of Bitcoin.

Apart from the above increase, the Italian government is also preparing to introduce MiCA regulations in Italy. The legislative decree of September 5, 2024, No. 129, published in Official Gazette No. 215 on September 13, 2024, implements the provisions of the European Regulation 2023/1114, into Italian law. The new rules primarily focus on the regulation of crypto-assets, market transparency, investor protection, and the proper management of financial assets. Correspondingly, amendments were also made Italian Banking law.

The MiCAR Regulation will come into full effect on December 30, 2024, while the provisions for issuance, public offering, and trading admission of EMT and ART have been in effect since June 30, 2024.

Links for reference -

https://www.boccadutri.com/crypto-assets-micar-regulation/#:~:text=The%20new%20rules%20primarily%20focus,Legislative%20Decree%2058%2F98

https://decrypt.co/286630/italy-increase-bitcoin-capital-gains-tax

https://btctimes.com/italy-considers-raising-bitcoin-capital-gains-tax-to-42-from-26/#:~:text=Italy%20plans%20to%20raise%20the,for%20the%20Digital%20Services%20Tax.

DateEvent/Requirement
January 1, 2025Brokers begin tracking and reporting digital asset transactions.
February 2026Brokers issue Form 1099-DA for the 2025 tax year to taxpayers.
April 15, 2026Deadline for taxpayers to file their 2025 tax returns with IRS data.
Timeline EventDescription
Before January 1, 2025Taxpayers must identify wallets and accounts containing digital assets and document unused basis.
January 1, 2025Snapshot date for confirming remaining digital assets in wallets and accounts.
March 2025Brokers begin issuing Form 1099-DA, reflecting a wallet-specific basis.
Before Filing 2025 Tax ReturnsTaxpayers must finalize their Safe Harbor Allocation to ensure compliance and avoid penalties.
FeatureUse Case ScenarioTechnical  Details
Automated Monitoring of TransactionsAlice uses staking on Ethereum 2.0 and yield farming on Uniswap. Kryptos automates tracking of her staking rewards and LP tokens across platforms.Integrates with Ethereum and Uniswap APIs for real-time tracking and monitoring of transactions.
Comprehensive Data CollectionBob switches between liquidity pools and staking protocols. Kryptos aggregates all transactions, including historical data.Pulls and consolidates data from multiple sources and supports historical data imports.
Advanced Tax CategorizationCarol earns from staking Polkadot and yield farming on Aave. Kryptos categorizes her rewards as ordinary income and investment income.Uses jurisdiction-specific rules to categorize rewards and guarantee compliance with local tax regulations.
Dynamic FMV CalculationDave redeems LP tokens for Ethereum and stablecoins. Kryptos calculates the fair market value (FMV) at redemption and during sales.Updates FMV based on market data and accurately calculates capital gains for transactions.
Handling Complex DeFi TransactionsEve engages in multi-step DeFi transactions. Kryptos tracks value changes and tax implications throughout these processes.Manages multi-step transactions, including swaps and staking, for comprehensive tax reporting.
Real-Time Alerts and UpdatesFrank receives alerts on contemporary tax regulations affecting DeFi. Kryptos keeps him updated on relevant changes in tax laws.Observe regulatory updates and provide real-time alerts about changes in tax regulations.
Seamless Tax Reporting IntegrationGrace files taxes using TurboTax. Kryptos integrates with TurboTax to import staking and yield farming data easily.Direct integration with tax software like TurboTax for smooth data import and multi-jurisdictional reporting.
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