Vybrané otázky k osvobození úplatného převodu kryptoaktiv

Selected Questions on the Exemption of Sale of Crypto Assets

You may have noticed that on February 14 (effective from February 15), an amendment to the Income Tax Act was published in the Collection of Laws, introducing the tax exemption of sale of crypto assets under certain conditions (similarly to the paid transfer of securities). We last informed you about this topic HERE.

However, the amendment also brings several questions that are currently being addressed within the professional community, and a discussion is being prepared within the so-called Coordination Committee between representatives of the financial administration and the Chamber of Tax Advisors. Examples of these areas include:

• The text of the law does not clearly define what is considered a crypto asset;
• The absence of transitional provisions and the related timing impact of the new regulation (given the law's effective date during the tax period);
• What is meant by the merger or amalgamation of a crypto asset;
• The lack of sufficient interpretation of the term "exchange of a crypto asset by its issuer for another crypto asset."

We will continue to monitor developments in this area.

For any questions or comments, please contact the author of the article or the EY team with whom you collaborate.

Author:

Adam Linek