EU opens notices over crypto tax and MiCA breaches
The European Commission has launched formal infringement proceedings against multiple EU member states for failing to correctly implement new crypto tax transparency and regulatory requirements.
The action focuses on delays and incompatibilities linked to amendments to the Directive on administrative cooperation covering crypto-assets and certain financial accounts.
According to the Commission, these rules aim to strengthen tax transparency and improve information sharing between national authorities across the bloc.
Letters of formal notice were sent to Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, Cyprus, Luxembourg, Malta, the Netherlands, Poland and Portugal.
The Commission said these countries have not fully transposed the updated directive into national law within the required timeframe.
Under EU procedures, the affected member states now have two months to respond to the notices and complete the transposition process.
Failure to act within this period could lead to further escalation, including a reasoned opinion from the Commission.
The directive seeks to close gaps in tax reporting by expanding cooperation on crypto-asset transactions and related financial activities.
EU officials have stressed that consistent implementation is critical to preventing tax evasion and regulatory arbitrage in the crypto sector.
In a separate move, the Commission has also opened an infringement procedure against Hungary over its domestic crypto legislation.
The case centres on a Hungarian act that introduces an authorisation regime for so-called “exchange validation services”.
The Commission argues that this national framework conflicts with the EU’s Regulation on Markets in Crypto-Assets, commonly known as MiCA.
Concerns include the introduction of criminal liability provisions that the Commission says are incompatible with MiCA’s harmonised rules.
The Commission warned that national measures must not undermine the uniform application of EU-wide crypto regulations.
Hungary has also been given a two-month deadline to address the Commission’s concerns and amend its legislation accordingly.
If Hungary fails to comply, the Commission may issue a reasoned opinion as the next step in the infringement process.
Further non-compliance could ultimately lead to referral to the Court of Justice of the European Union.
MiCA is designed to create a single regulatory framework for crypto-assets across the EU, reducing fragmentation between member states.
The Commission said inconsistent national regimes risk weakening investor protection and legal certainty in the crypto market.
EU officials have reiterated that timely and accurate transposition of both MiCA and related tax rules remains a priority for market stability.