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Retail_Trading_Status

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#472
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2025-06-26 13:10
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Executive Summary

In France, individual citizens and residents are legally allowed to buy, sell, and hold cryptocurrencies, but this activity is subject to a comprehensive regulatory framework. Cryptocurrencies are classified as "digital assets" and are not considered legal tender. The Autorité des Marchés Financiers (AMF) oversees Digital Asset Service Providers (PSANs) and is transitioning to the EU's MiCA regulation. Key requirements include PSAN registration/licensing, robust KYC/AML measures, and taxation on gains from cryptocurrency sales.

Key Pillars

The key regulatory pillars in France include: (1) The Autorité des Marchés Financiers (AMF) as the primary regulator, overseeing Digital Asset Service Providers (PSANs) and the transition to the EU's MiCA regulation. (2) Core compliance requirements encompass robust KYC/AML/CFT obligations, necessitating client identification, transaction monitoring, and reporting suspicious activities to TRACFIN. (3) PSANs must register with the AMF, involving checks on managers' honorability and competence, with stricter "enhanced" registration requirements since January 1, 2024. Existing PSANs have a transition period until June 2026 to comply with MiCA.

Landmark Laws

  1. PACTE Law (Law No. 2019-486 of May 22, 2019): Introduced a regime for Digital Asset Service Providers (DASPs), known as PSANs, and established mandatory registration for certain PSANs with the AMF.
  2. Markets in Crypto-Assets (MiCA) Regulation (June 2023): EU regulation aiming to harmonize the regulatory framework for crypto-assets across the EU, establishing uniform rules for issuers of crypto-assets and crypto-asset service providers (CASPs). It is progressively becoming applicable, with a transition period for existing PSANs extending up to June 2026.

Considerations

  1. Legal Classification: Cryptocurrencies are classified as "digital assets" (actifs numériques) under French law, not as legal tender.
  2. Taxation: Gains from the sale of cryptocurrencies are subject to taxation. Occasional investors are typically taxed at a flat rate of 30% (Prélèvement Forfaitaire Unique - PFU), including income tax and social levies. An exemption exists for annual sales below a threshold (e.g., €305). Accounts held on foreign cryptocurrency platforms must be declared to the tax authorities.
  3. Risks and Warnings: The AMF and ACPR regularly issue warnings about the risks associated with investing in cryptocurrencies, particularly those offered by unauthorized platforms. Advertising of very risky financial products, including certain crypto-asset services, is restricted unless offered by registered or licensed PSANs.
  4. KYC/AML: Cryptocurrency exchange platforms and custodial wallet providers must comply with KYC and AML/CFT standards.

Notes

  1. Historical Context: The PACTE Law was a significant first step in establishing a legal framework for crypto-assets in France.
  2. Future Plans: The French PSAN regime will be replaced by the MiCA regulation, with a transition period extending up to June 2026. The AMF is encouraging French crypto-asset players to prepare for this transition.
  3. Specific Dates: Since January 1, 2024, new PSANs seeking registration are subject to "enhanced" registration with stricter requirements. MiCA was published on June 9, 2023, and became applicable from December 30, 2024, except for stablecoin provisions which applied from June 30, 2024.
  4. Quotes: Hashtag Avocats (August 22, 2024) stated, "In France, cryptocurrencies are legal but strongly regulated by legislation…as digital assets." The AMF (April 15, 2024) stated a PSAN must be registered to offer services like "Custody of crypto-assets…Purchase/sale of crypto-assets against currencies…Exchange of crypto-assets…Operation of a crypto-asset trading platform."

Detailed Explanation

Individual citizens and residents in France are legally permitted to buy, sell, and hold cryptocurrencies, operating within a stringent and evolving regulatory framework. Cryptocurrencies are not considered legal tender and are classified as "digital assets" under French law. France has been proactive in establishing a legal framework, starting with the PACTE Law (Law No. 2019-486 of May 22, 2019), which introduced a regime for Digital Asset Service Providers (DASPs), known as PSANs, and mandated registration with the Autorité des Marchés Financiers (AMF) for certain services, like crypto-to-fiat exchange and custody. An optional licensing regime was also available.

The French regulatory landscape is now significantly influenced by the European Union's Markets in Crypto-Assets (MiCA) Regulation, which came into effect in June 2023 and is progressively becoming applicable. MiCA aims to harmonize crypto-asset regulation across the EU, establishing uniform rules for issuers and crypto-asset service providers (CASPs). Key aspects include PSAN registration/licensing with the AMF, involving checks on the honorability and competence of managers and beneficial owners, as well as compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations. Since January 1, 2024, new PSANs face "enhanced" registration with stricter requirements; existing PSANs benefit from a grandfathering clause but must eventually comply with MiCA. France has provided a transition period up to June 2026 for PSANs to comply with MiCA.

Robust Know Your Customer (KYC) and AML/CFT obligations are imposed on PSANs/CASPs, requiring client identification, transaction monitoring, and reporting suspicious activity to TRACFIN, the French financial intelligence unit. Gains from cryptocurrency sales by individuals are subject to taxation. Occasional investors typically pay a flat rate of 30% (Prélèvement Forfaitaire Unique - PFU), including income tax and social levies, with an exemption for annual sales below a threshold (e.g., €305). Accounts on foreign cryptocurrency platforms must be declared to tax authorities. The AMF and Autorité de Contrôle Prudentiel et de Résolution (ACPR) regularly issue warnings about the risks associated with crypto investments, especially from unauthorized platforms, maintaining blacklists of unauthorized websites. Advertising of risky financial products, including certain crypto-asset services, is restricted unless offered by registered or licensed PSANs.

Specific text excerpts include Hashtag Avocats (August 22, 2024) noting cryptocurrencies are legal but strongly regulated and defined as digital assets. They also emphasize PSANs’ obligations regarding AML/CFT, including customer identification and suspicious transaction reporting to TRACFIN. The AMF (April 15, 2024) specified that PSANs must be registered to offer services such as custody, purchase/sale of crypto-assets, exchange of crypto-assets, and operation of trading platforms. Economie.gouv.fr highlights MiCA's publication on June 9, 2023, with applicability from December 30, 2024 (except for stablecoins from June 30, 2024). Le Figaro (May 27, 2025) reports MiCA aims to harmonize the regulatory framework within the EU, requiring platforms to apply for licenses, with a transition period until June 30, 2026, in France. Blockpit states a 30% flat tax rate on crypto-asset capital gains for occasional investors, with a tax exemption below €305 per year, and the requirement to declare accounts held on foreign crypto platforms. IDnow notes the AMF controls crypto exchange platforms with PSAN status, mandating KYC and AML/CFT standards.

Summary Points

## Retail Cryptocurrency Trading in France: Regulatory Status (June 2025)

**I. General Status:**

*   **Allowed-Regulated:** Individual citizens and residents are legally permitted to buy, sell, and hold cryptocurrencies.
*   **Not Legal Tender:** Cryptocurrencies are not considered legal tender; the Euro remains the official currency.
*   **Digital Assets:** Cryptocurrencies are classified as "digital assets" (actifs numériques) under French law.

**II. Key Regulatory Bodies:**

*   **Autorité des Marchés Financiers (AMF):**
    *   French financial markets regulator.
    *   Responsible for registration and oversight of Digital Asset Service Providers (PSANs).
    *   Enforces regulations and issues warnings to investors.
*   **Autorité de Contrôle Prudentiel et de Résolution (ACPR):**
    *   French banking and insurance supervisor.
    *   Issues warnings to the public about risks associated with crypto investments.
*   **Traitement du renseignement et action contre les circuits financiers clandestins (TRACFIN):**
    *   French financial intelligence unit.
    *   Receives reports of suspicious activity from PSANs/CASPs related to AML/CFT.

**III. Key Legislation and Regulations:**

*   **PACTE Law (Law No. 2019-486 of May 22, 2019):**
    *   Introduced the initial regulatory regime for Digital Asset Service Providers (PSANs).
    *   Established mandatory registration for certain PSANs with the AMF.
*   **Markets in Crypto-Assets (MiCA) Regulation (EU):**
    *   Came into effect in June 2023, progressively becoming applicable.
    *   Aims to harmonize crypto-asset regulation across the EU.
    *   Establishes uniform rules for issuers of crypto-assets and crypto-asset service providers (CASPs).
    *   Will replace the French PSAN regime.

**IV. Requirements for Compliance:**

*   **PSAN Registration/Licensing (Transitioning to CASP under MiCA):**
    *   Entities providing services related to digital assets (exchanges, custodians, etc.) must register with the AMF (currently).
    *   Registration involves checks on managers' honorability and competence, and beneficial owners.
    *   Compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations.
    *   "Enhanced" registration with stricter requirements for new PSANs since January 1, 2024.
    *   Existing PSANs have a transition period (until June 2026) to comply with MiCA and obtain authorization as CASPs.
*   **Know Your Customer (KYC) and Anti-Money Laundering (AML/CFT):**
    *   Robust KYC/AML/CFT obligations are imposed on PSANs/CASPs.
    *   Required to identify clients, monitor transactions for suspicious activity, and report to TRACFIN.

**V. Taxation:**

*   **Taxable Gains:** Gains from the sale of cryptocurrencies by individuals are subject to taxation.
*   **Flat Tax Rate:** Typically taxed at a flat rate (Prélèvement Forfaitaire Unique - PFU) of 30% (includes income tax and social levies).
*   **Progressive Income Tax:** Option to be taxed under the progressive income tax scale if more favorable.
*   **Exemption Threshold:** Exemption for annual sales below a certain threshold (e.g., €305).
*   **Foreign Account Declaration:** Accounts held on foreign cryptocurrency platforms must be declared to the tax authorities (using Form No. 3916 / Cerfa-3916).

**VI. Restrictions and Limitations:**

*   **Warnings to Investors:** AMF and ACPR regularly issue warnings about the risks of investing in cryptocurrencies, especially from unauthorized platforms.
*   **Blacklists:** Authorities maintain blacklists of unauthorized websites and entities.
*   **Advertising Restrictions:** Advertising of very risky financial products, including certain crypto-asset services, is restricted unless offered by registered or licensed PSANs.

**VII. Recent Developments and Changes:**

*   **MiCA Implementation:** Ongoing transition from the national PSAN regime to the EU-wide MiCA regulation.
*   **Enhanced PSAN Registration:** Stricter requirements for new PSAN registrations since January 1, 2024.
*   **Transition Period for MiCA Compliance:** Existing PSANs have until June 2026 to comply with MiCA.
*   **AMF Encouragement:** The AMF is actively encouraging crypto-asset players to prepare for the MiCA transition.

Full Analysis Report

Report on the Current Status of Retail Cryptocurrency Trading in France

Date: 2025-06-26

Topic: Retail_Trading_Status

Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).

Identified Status: Allowed-Regulated

Detailed Narrative Explanation:

Individual citizens and residents in France are legally permitted to buy, sell, and hold cryptocurrencies. However, this activity is subject to a comprehensive and evolving regulatory framework. Cryptocurrencies are not considered legal tender in France, which remains the Euro. Instead, they are generally classified as "digital assets" (actifs numériques) under French law.

Historical Background and Regulatory Evolution:

France has been proactive in establishing a legal framework for crypto-assets. The PACTE Law (Law No. 2019-486 of May 22, 2019, relative to the growth and transformation of companies) was a significant first step, introducing a regime for Digital Asset Service Providers (DASPs), known in French as Prestataires de Services sur Actifs Numériques (PSAN). This law established mandatory registration for certain PSANs with the Autorité des Marchés Financiers (AMF), the French financial markets regulator.

Initially, the PSAN regime included a mandatory registration for entities providing services such as crypto-to-fiat exchange and custody of digital assets for third parties. An optional licensing regime was also available for other services, offering a higher level of regulatory scrutiny and investor protection.

Current Regulatory Landscape (as of June 2025):

The French regulatory landscape is now significantly influenced by the European Union's Markets in Crypto-Assets (MiCA) Regulation, which came into effect in June 2023 and is progressively becoming applicable. MiCA aims to harmonize the regulatory framework for crypto-assets across the EU, establishing uniform rules for issuers of crypto-assets and crypto-asset service providers (CASPs, the EU equivalent of PSANs).

Key aspects of the current regulatory environment in France include:

  • PSAN Registration/Licensing: Entities providing services related to digital assets, such as exchanges and custodians, must register with the AMF. This registration involves checks on the honorability and competence of their managers and beneficial owners, as well as compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations. Since January 1, 2024, new PSANs seeking registration are subject to an "enhanced" registration with stricter requirements. Existing PSANs registered before this date benefit from a grandfathering clause but will eventually need to comply with MiCA.
  • Transition to MiCA: The French PSAN regime will be replaced by the MiCA regulation. PSANs will need to obtain authorization as CASPs under MiCA to continue operating within the EU. France has provided a transition period for existing PSANs to comply with MiCA, extending up to June 2026. The AMF is actively encouraging French crypto-asset players to prepare for this transition and not delay their compliance efforts.
  • KYC/AML Requirements: Robust Know Your Customer (KYC) and AML/CFT obligations are imposed on PSANs/CASPs. These platforms are required to identify their clients, monitor transactions for suspicious activity, and report such activities to TRACFIN (Traitement du renseignement et action contre les circuits financiers clandestins), the French financial intelligence unit. These measures aim to prevent the use of cryptocurrencies for illicit purposes.
  • Taxation: Gains from the sale of cryptocurrencies by individuals are subject to taxation. For occasional investors, these gains are typically taxed at a flat rate (Prélèvement Forfaitaire Unique - PFU) of 30%, which includes income tax and social levies. There is an option to be taxed under the progressive income tax scale if it is more favorable. An exemption exists for annual sales below a certain threshold (e.g., €305). Accounts held on foreign cryptocurrency platforms must be declared to the tax authorities.
  • Investor Protection and Warnings: The AMF and the Autorité de Contrôle Prudentiel et de Résolution (ACPR), the French banking and insurance supervisor, regularly issue warnings to the public about the risks associated with investing in cryptocurrencies, particularly those offered by unauthorized platforms. They maintain blacklists of unauthorized websites and entities. The authorities emphasize that investments in highly speculative and unregulated products are extremely risky. Advertising of very risky financial products, including certain crypto-asset services unless offered by registered or licensed PSANs, is restricted.

Conclusion:

Retail trading of cryptocurrencies in France is permitted but operates within a stringent and evolving regulatory framework. The national PSAN regime is transitioning towards the harmonized European MiCA regulation, which will further strengthen requirements for service providers. KYC/AML obligations are central to the French approach, and tax authorities have established clear rules for declaring and paying taxes on crypto-asset gains. Regulators actively monitor the market and issue warnings to protect investors from potential scams and the inherent risks of cryptocurrency investments.

Specific, Relevant Text Excerpts:

  • Hashtag Avocats (August 22, 2024): "In France, cryptocurrencies are legal but strongly regulated by legislation. The Monetary and Financial Code does not directly define cryptocurrencies as legal currencies, but rather as digital assets."
  • Hashtag Avocats (August 22, 2024): "Digital asset service providers (PSAN) are subject to a registration regime with the Autorité des Marchés Financiers (AMF). This registration is mandatory for any company offering services related to digital assets, such as the custody, purchase, sale, or management of cryptocurrency portfolios."
  • Hashtag Avocats (August 22, 2024): "PSANs must also comply with obligations regarding the fight against money laundering and terrorist financing (LCB-FT). They must identify their customers, monitor suspicious transactions, and report these transactions to TRACFIN (Traitement du renseignement et action contre les circuits financiers clandestins)."
  • Autorité des Marchés Financiers (AMF) (April 15, 2024): "A PSAN must obligatorily be registered with the Autorité des Marchés Financiers (AMF) to be able to offer in France the services of: Custody of crypto-assets or access to crypto-assets; Purchase/sale of crypto-assets against currencies having legal tender; Exchange of crypto-assets against other crypto-assets; Operation of a crypto-asset trading platform."
  • Economie.gouv.fr (French Ministry of Economy, Finance and Industrial and Digital Sovereignty): "The European regulation on crypto-asset markets (Markets in Crypto-Assets, or MiCA) was published in the Official Journal of the European Union on June 9, 2023. It will be applicable from December 30, 2024, with the exception of provisions on stablecoins which came into application on June 30, 2024."
  • Le Figaro (May 27, 2025): "Effective since late December, the European regulation on crypto-assets, called MiCA, aims to harmonize the regulatory framework for this criticized sector within the European Union. It requires platforms operating on the continent to apply for a license to continue their activity. A transitional period to validate this license has been granted in France, until June 30, 2026."
  • Blockpit (referring to French tax authorities - DGFiP): "Occasional investors pay a flat tax rate of 30% on crypto-asset capital gains. Capital gains below €305 per year are tax-exempt. You must declare every account held on a crypto platform located outside of France using Form No. 3916 / Cerfa-3916."
  • IDnow (referring to French AML/CFT measures): "In France, it is the AMF (Autorités des Marchés Financiers) which controls crypto exchange platforms with the PSAN (digital asset service provider) status. The new regulations adopted now require cryptocurrency exchange platforms and custodial wallet providers to comply with KYC 'Know Your Customer' and AML/CFT standards to better guard against money laundering."

Direct, Accessible URL Links to Specific Sources:

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