European Commission Accuses 12 EU Countries of Failing to Implement Crypto Tax Directive
The European Commission sent formal notices to 12 EU member states over the incomplete implementation of new rules on tax transparency and information exchange for crypto-assets, as set out in the Directive on Administrative Cooperation (DAC8).
The European Commission announced the launch of infringement procedures against Belgium, Bulgaria, the Czech Republic, Estonia, Greece, Spain, Cyprus, Luxembourg, Malta, the Netherlands, Poland, and Portugal for the late and incomplete transposition of the DAC8, which amends the existing framework for administrative cooperation in taxation.
The directive expands tax transparency in the EU by introducing mandatory exchange of information on crypto-assets and strengthening reporting requirements for financial accounts. In particular, it requires crypto-asset service providers to submit data on clients and transactions to tax authorities in order to combat tax evasion and tax fraud related to investment income. The directive’s approach is aligned with the global crypto-asset taxation framework developed by the Organisation for Economic Co-operation and Development (OECD).
The countries that received formal notice letters were given two months to respond, complete the transposition of the directive into national law, and notify the European Commission. If no satisfactory response is provided, the regulator may proceed to the next stage of the infringement procedure and issue a reasoned opinion.
In the same package of notices, the European Commission also pointed to inconsistencies between Hungary’s national legislative amendments and the requirements of the MiCA regulation. The Commission noted that changes to Hungarian legislation affecting so-called “exchange validation services” led to the suspension or termination of some crypto company services and go beyond what’s permitted under EU regulation. Hungary was also given two months to provide explanations and adjust its approach.
Starting January 1, 2026, crypto services in 48 countries and jurisdictions began collecting data on user transactions ahead of the official launch of the Crypto-Asset Reporting Framework (CARF) initiated by the OECD.
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