Philippines is ranked second in the world in Chainalysis’s Global Crypto Adoption index, only behind its ASEAN neighbour Vietnam. There are two main reasons for this:

1. High remittance payments and the lack of an easily accessible financial infrastructure

2. A tech-savvy population and the government’s positive outlook on crypto

The Philippines recently welcomed its new president Ferdinand Marcos Jr. who is an ardent crypto supporter and is a firm believer in the potential of crypto and the future of blockchain-based businesses in the region. A crypto-friendly leader at the helm with a vision of transforming the Philippines into the Asian crypto valley is one of the primary reasons why crypto adoption has seen a huge uptick towards the end of 2022 and the trend has continued ever since.

However, despite the mass adoption of crypto, the subject of crypto taxation is still a grey area in the Philippines as there’s no concrete regulatory framework in place. The authorities have released a few guidelines and rules dictating the tax implications of simple crypto transactions, but there are still no guidelines dictating the taxation of gains from complex transactions like ICOs, DeFi, and DAOs.

This article aims to summarise the current regulatory landscape while also offering a first-hand view of the future crypto regulations in the region.

Latest Updates/Guidelines

Advisory on Virtual Currencies

BSP Circular No. 944 

Advisory on the Use of Virtual Currencies

Draft Rules on Consumer Protection Law

Is Crypto Legal in the Philippines?

Cryptocurrency is not explicitly illegal in the Philippines. The country does not have specific laws that declare cryptocurrencies illegal. Instead, the regulatory approach in the Philippines is to define and regulate cryptocurrencies, primarily categorising them as securities or "tokenized securities products."

The Securities and Exchange Commission (SEC) of the Philippines has issued advisories and draft rules related to cryptocurrencies and digital financial products. These rules aim to enforce regulations and provide consumer protection within the crypto space. In the absence of comprehensive cryptocurrency legislation, the SEC's guidelines and the Financial Products and Services Consumer Protection Act play a significant role in shaping the regulatory landscape.

Individuals and businesses involved in cryptocurrency activities in the Philippines must adhere to the SEC's regulations and use regulated exchanges to ensure compliance with the evolving regulatory framework.

Can the Authorities Track Crypto?

In the Philippines, government agencies have established a robust regulatory framework to oversee cryptocurrencies, ensuring their safe and lawful usage. The Bangko Sentral ng Pilipinas (BSP), the country's central bank, has taken the lead in issuing circulars and guidelines aimed at promoting the secure use of cryptocurrencies. These guidelines are crucial in providing users with confidence in the crypto ecosystem.

The Securities and Exchange Commission (SEC) plays a significant role in this regulatory landscape. As the authority responsible for monitoring and regulating securities, investments, and financial instruments, including cryptocurrencies, the SEC ensures that crypto activities comply with existing rules and regulations. 

One notable aspect of the regulatory framework is the comprehensive oversight of cryptocurrency exchanges. Under the recently issued Virtual Currency Exchange (VCE) rules, any cryptocurrency exchange operating within the country must obtain prior approval from the BSP. These regulations also mandate that crypto exchanges implement Know Your Customer (KYC) processes, adding an extra layer of security and accountability to the crypto ecosystem.

Moreover, the Philippines has introduced tax reporting requirements for its citizens involved in cryptocurrency transactions. Filipino crypto owners and traders are obligated to report their capital gains during their annual tax filings. This move aims to bring crypto transactions into the formal financial system, ensuring that they are subject to appropriate taxation. 

To bolster efforts in combating illegal activities related to cryptocurrencies, the Philippines has also implemented AML and CFT measures that apply to cryptocurrency exchanges. These measures necessitate exchanges to establish robust AML/CFT programs, conduct customer due diligence, and report suspicious transactions to authorities.

This comprehensive approach significantly reduces the risk of illegal financial activities associated with cryptocurrencies.

Furthermore, international cooperation is a key component of the Philippines' strategy to combat crypto-related illegal activities. By collaborating with global organisations and foreign In counterparts, authorities can share critical information and coordinate efforts to address cross-border issues like money laundering and fraud. 

How is Crypto Taxed in the Philippines?

Cryptocurrency taxation in the Philippines encompasses various considerations and depends on the categorization and use of these digital assets. The primary form of taxation applied to cryptocurrency transactions is the capital gains tax (CGT), which can reach up to 15 per cent, though the specific rate may vary based on the type of transaction. Filipino citizens engaged in cryptocurrency ownership or trading are obligated to report their capital gains during their annual tax filings, making it imperative for individuals to include these profits in their income tax returns.

For individuals or entities actively trading cryptocurrency with the intent of short-term resale, these digital assets could be classified as inventory. Consequently, any income generated from the sale or exchange of cryptocurrency could potentially be subject to value-added tax (VAT) if it meets the applicable threshold, typically set at 12 per cent in the Philippines.

In contrast, cryptocurrency held for investment purposes, such as capital appreciation over an extended period, is more likely to be considered an intangible asset. Under this classification, cryptocurrency becomes a capital asset for tax purposes. Gains resulting from the sale or exchange of such assets would then be subject to ordinary income tax. 

It's important to note that the landscape of cryptocurrency taxation in the Philippines is dynamic. The government has expressed its intention to implement further regulations and potentially introduce new taxes on cryptocurrency transactions in the near future. As such, individuals and entities involved in cryptocurrency activities should remain vigilant regarding changes in tax regulations and seek professional guidance to ensure compliance with evolving tax laws. The lack of precise guidelines can lead to varying interpretations, making professional tax advice crucial for those navigating the cryptocurrency tax landscape in the Philippines.

Future of Crypto Regulations in the Philippines

The future of crypto regulations in the Philippines appears to be evolving with a cautious but proactive approach. While the country has taken significant steps to develop a comprehensive regulatory framework for cryptocurrencies, several key indicators suggest what the future might hold.

The Philippines' financial regulator, the Securities and Exchange Commission (SEC), has demonstrated its commitment to a well-thought-out approach by partnering with the University of the Philippines Law Center (UPLC) to develop guidelines for digital assets. This collaboration indicates a concerted effort to ensure that regulations are not only robust but also well-informed.

The fact that the Implementing Rules and Regulations of Republic Act No. 11765 were opened for public comment shows a commitment to transparency and stakeholder involvement in shaping regulations. This inclusive approach is likely to continue in the future, ensuring that the crypto community and businesses have a say in the development of the regulatory framework.

The Philippines has emphasised investor protection as a priority in its regulatory approach. The delayed release of the crypto framework to study the reasons behind market failures, like the collapse of the FTX exchange, underscores the commitment to safeguarding investor interests.

Despite the absence of explicit references to "crypto" or "blockchain" in the legislation, the regulator's willingness to work on guidelines for digital assets indicates an adaptable regulatory environment. 

Frequently Asked Questions (FAQs)

1. Is cryptocurrency legal in the Philippines? 

Yes, cryptocurrency is not explicitly illegal in the Philippines. The country does not have specific laws that declare cryptocurrencies illegal. Instead, the regulatory approach is to define and regulate cryptocurrencies, primarily categorising them as securities or "tokenized securities products."

2. What are the key regulatory bodies overseeing cryptocurrency in the Philippines? 

The key regulatory bodies overseeing cryptocurrency in the Philippines include the Securities and Exchange Commission (SEC) and the Bangko Sentral ng Pilipinas (BSP). The SEC monitors and regulates securities, investments, and financial instruments, including cryptocurrencies, while the BSP, as the central bank, plays a crucial role in issuing guidelines to promote the secure use of cryptocurrencies.

3. How is cryptocurrency taxed in the Philippines? 

Cryptocurrency taxation in the Philippines includes considerations such as capital gains tax (CGT), which can reach up to 15 per cent. Filipino citizens involved in cryptocurrency ownership or trading are required to report their capital gains during their annual tax filings. Depending on the classification of cryptocurrency as either inventory or an intangible asset, it may be subject to value-added tax (VAT) or ordinary income tax.

4. How can individuals and businesses stay compliant with cryptocurrency regulations in the Philippines?

To stay compliant with cryptocurrency regulations in the Philippines, individuals and businesses should adhere to guidelines issued by the SEC and BSP. This includes using regulated exchanges, implementing Know Your Customer (KYC) processes, and reporting capital gains during annual tax filings. Given the dynamic nature of crypto taxation, seeking professional tax advice and staying informed about regulatory changes is crucial.

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