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Retail_Trading_Status

Allowed-Regulated High Confidence
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2025-12-12 04:06
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Executive Summary

Cryptocurrency activities in Cyprus are legal and formally regulated by the Cyprus Securities and Exchange Commission (CySEC). A national registration regime for Crypto-Asset Service Providers (CASPs) has been in force since 2021, requiring compliance with strict AML/KYC standards. As of late 2024, Cyprus is transitioning to the EU-wide Markets in Crypto-Assets (MiCA) regulation; CySEC has ceased accepting new applications under the national regime and has begun the preliminary assessment process for MiCA authorizations. Retail trading is permitted, and tax treatment currently depends on whether activity is classified as active trading (income tax) or passive holding (capital gains, often tax-exempt).

Key Pillars

Cyprus Securities and Exchange Commission (CySEC) as the primary regulator
Mandatory CASP Registration (National Regime, now transitioning to MiCA)
Compliance with the Prevention and Suppression of Money Laundering Law (AML Law)
Adherence to FATF Travel Rule and EU AML directives
Prudential requirements for Investment Firms dealing in crypto (Circular C417)

Landmark Laws

Prevention and Suppression of Money Laundering and Terrorist Financing Law (Amending Law L.13(I)/2021) (L.188(I)/2007 (Amended)) - Enacted: 2021-02-18
- Amended the existing AML law to transpose AMLD5, formally defining 'Crypto-Asset Service Providers' (CASPs) and requiring them to register with CySEC.
- Source

Directive for the Register of Crypto Asset Service Providers (R.A.A. 269/2021) - Enacted: 2021-06-25
- Established the specific operational requirements, capital standards, and registration procedures for CASPs operating in or from Cyprus.
- Source

Circular C417 (C417) - Enacted: 2020-11-25
- Guidance for Cyprus Investment Firms (CIFs) on the prudential treatment of crypto assets, calculating capital adequacy, and risk management.
- Source

Markets in Crypto-Assets Regulation (MiCA) (Regulation (EU) 2023/1114) - Enacted: 2023-05-31
- EU-wide regulation fully applicable from December 30, 2024. Replaces the national CASP regime; CySEC is the designated competent authority for implementation.
- Source

Considerations

MiCA Transition: CySEC stopped accepting new national CASP applications on October 17, 2024. New entrants must now apply directly for MiCA authorization.
Grandfathering: Existing registered CASPs can continue operating under the national regime during a transitional period until July 1, 2026, or until they receive MiCA authorization.
Taxation: No specific crypto tax law exists yet. Profits from active trading are taxed as Income Tax (up to 35%), while passive long-term gains are generally treated as tax-exempt Capital Gains (0%), though this distinction is based on 'badges of trade' tests.
Derivatives: Crypto derivatives (CFDs) are regulated as financial instruments under MiFID II rules, distinct from spot crypto trading.

Notes

Cyprus is a popular hub for forex and investment firms (CIFs). Many of these firms have expanded into crypto derivatives. The distinction between a 'CASP' (spot/custody) and a 'CIF' (derivatives/financial instruments) is crucial for regulatory compliance.

Remaining Uncertainties

  • The final enactment date and details of the proposed 8% flat tax on crypto gains.
  • Specific procedural delays for new MiCA applicants during the transition phase in early 2025.

Detailed Explanation

Cryptocurrency activities in Cyprus are legal and formally regulated, with the country currently in a transitional phase towards a harmonized European Union framework. The primary regulatory authority is the Cyprus Securities and Exchange Commission (CySEC). Since 2021, a national registration regime for Crypto-Asset Service Providers (CASPs) has been in force, established by the Prevention and Suppression of Money Laundering and Terrorist Financing Law (Amending Law L.13(I)/2021) enacted on February 18, 2021, and the subsequent Directive for the Register of Crypto Asset Service Providers (R.A.A. 269/2021) enacted on June 25, 2021. This regime mandated CASP registration with CySEC and strict compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) standards, including adherence to the FATF Travel Rule. For Cyprus Investment Firms (CIFs) dealing in crypto assets, prudential guidance is provided under Circular C417, issued on November 25, 2020. As of late 2024, Cyprus is transitioning to the EU-wide Markets in Crypto-Assets (MiCA) regulation (Regulation (EU) 2023/1114), which became applicable on May 31, 2023. CySEC has ceased accepting new applications under the national CASP regime as of October 17, 2024, and is now processing applications for MiCA authorization. Existing nationally registered CASPs benefit from a grandfathering provision, allowing them to operate until July 1, 2026, or until they receive MiCA authorization. Retail trading of crypto assets is permitted. The tax treatment is not defined by a specific crypto law; profits from active trading are subject to Income Tax (up to 35%), while gains from passive, long-term holding are generally treated as tax-exempt Capital Gains, based on a 'badges of trade' assessment. A crucial regulatory distinction exists between CASPs, which handle spot crypto-asset services, and CIFs, which deal in crypto derivatives like CFDs that are regulated under MiFID II as financial instruments.

Summary Points

Cryptocurrency Regulatory Analysis: Cyprus

I. Regulatory Status
* Allowed-Regulated: Cryptocurrency activities are legal and formally regulated.
* The country is in a transitional phase from a national regulatory regime to the EU-wide Markets in Crypto-Assets (MiCA) framework.
* Retail trading is permitted.

II. Key Regulatory Bodies
* Cyprus Securities and Exchange Commission (CySEC): The primary regulator for crypto-asset service providers and the designated competent authority for implementing MiCA.

III. Important Legislation
* Prevention and Suppression of Money Laundering and Terrorist Financing Law (Amending Law L.13(I)/2021): Enacted February 18, 2021. Formally defined Crypto-Asset Service Providers (CASPs) and mandated their registration with CySEC.
* Directive for the Register of Crypto Asset Service Providers (R.A.A. 269/2021): Enacted June 25, 2021. Established operational requirements, capital standards, and registration procedures for the national CASP regime.
* Circular C417: Issued November 25, 2020. Provides prudential guidance for Cyprus Investment Firms (CIFs) on capital adequacy and risk management for crypto assets.
* Markets in Crypto-Assets Regulation (MiCA) (Regulation (EU) 2023/1114): Enacted May 31, 2023. The EU-wide regulation that is replacing the national CASP regime, fully applicable from December 30, 2024.

IV. Compliance Requirements
* Registration/Authorization: Mandatory registration for CASPs under the national regime (now closed for new applicants) and future authorization required under MiCA.
* AML/CFT: Strict compliance with the national AML Law, including adherence to the FATF Travel Rule and EU AML directives.
* Prudential Standards: CIFs dealing in crypto must follow capital and risk management rules outlined in Circular C417.
* Taxation: No specific crypto tax law. Treatment depends on activity classification:
* Active trading profits are taxed as Income Tax (up to 35%).
* Passive, long-term holding gains are generally treated as tax-exempt Capital Gains (0%), subject to a 'badges of trade' test.

V. Notable Restrictions or Limitations
* Regime Distinction: A clear regulatory separation exists between CASPs (for spot/custody services) and CIFs (for crypto derivatives/financial instruments under MiFID II).
* Application Freeze: CySEC stopped accepting new applications under the national CASP regime on October 17, 2024.

VI. Recent Developments or Notes
* MiCA Transition: CySEC has ceased new national CASP applications and has begun the preliminary assessment process for MiCA authorizations.
* Grandfathering Provision: Existing nationally registered CASPs can continue operating under the old rules during a transitional period until July 1, 2026, or until they receive MiCA authorization.
* Cyprus is a popular hub for forex and investment firms, many of which have expanded into crypto derivatives, making the CASP/CIF distinction critical for compliance.

Full Analysis Report

Cyprus has established itself as a 'Allowed-Regulated' jurisdiction with a mature framework for cryptocurrency activities. The primary regulatory body, the Cyprus Securities and Exchange Commission (CySEC), introduced a formal registration regime for Crypto-Asset Service Providers (CASPs) in 2021 through amendments to the Prevention and Suppression of Money Laundering and Terrorist Financing Law. This regime required any entity providing crypto services in or from Cyprus to register, demonstrate AML/KYC compliance, and meet fitness and propriety standards. A public register of approved CASPs is maintained on the CySEC website, validating the legal status of these entities.

Currently, the regulatory landscape is dominated by the transition to the EU's Markets in Crypto-Assets Regulation (MiCA). As of October 17, 2024, CySEC officially ceased accepting new applications for registration under the national CASP regime. Instead, the regulator has opened a preliminary assessment phase for MiCA authorizations, which became fully applicable for service providers on December 30, 2024. Entities already registered under the national regime benefit from a 'grandfathering' clause, allowing them to operate until July 1, 2026, or until their MiCA license is granted or rejected. This proactive approach highlights Cyprus's commitment to aligning with pan-European standards.

Retail trading remains fully legal and accessible. Cypriot residents can buy, sell, and hold digital assets without restriction. However, the tax treatment for individuals requires careful attention. Unlike some jurisdictions with a flat crypto tax, Cyprus applies general tax principles. If an individual's activity is frequent and profit-seeking (trading), it is taxed as personal income at progressive rates up to 35%. Conversely, occasional gains from long-term holdings are often treated as capital gains, which are currently exempt from tax in Cyprus (except for gains related to immovable property). Reports suggest a specific 8% flat tax on crypto gains may be introduced around 2026, but this is not yet enacted law.

CySEC also enforces strict rules regarding the marketing and distribution of crypto assets, particularly derivatives. Circular C417 clarifies that Cyprus Investment Firms (CIFs) dealing in crypto derivatives must treat them as financial instruments, subjecting them to capital adequacy requirements and MiFID II compliance. This distinction ensures that while spot trading was previously under the lighter CASP regime, high-risk derivative products have always faced rigorous prudential oversight.

Source Evidence

Primary and secondary sources cited in this analysis

"New businesses must register with CySEC before commencing their operations in or from Cyprus."

"CySEC will no longer accept new applications for registration in the Register of CASPs under the National Rules."

"Providers of services regarding crypto-assets must be registered in the Register of providers of services regarding crypto-assets kept by the Commission."

"The supervisory authority that regulates and registers CASPs, and maintains the Register of CASPs, is the Cyprus Securities and Exchange Commission (CYSEC)."

"CASPs that are registered before 30 December 2024 can continue providing services in Cyprus until 1 July 2026."

Web Sources (15)

Sources discovered via web search grounding

Search queries used (5)
  • Cyprus cryptocurrency regulation CySEC CASP register
  • Cyprus crypto tax for individuals
  • CySEC Circular C417 crypto assets
  • Cyprus retail crypto trading legality
  • Cyprus implementation of MiCA regulation
lightspark.com

https://www.lightspark.com/knowledge/is-crypto-legal-in-cyprus

cryptoprocessing.com

https://cryptoprocessing.com/learn/is-crypto-legal-in-cyprus

mexc.com

https://blog.mexc.com/wiki/is-crypto-legal-in-cyprus/

freemanlaw.com

https://freemanlaw.com/cryptocurrency/cyprus/

cysec.gov.cy

https://www.cysec.gov.cy/en-GB/entities/crypto-asset-services-providers-casps/

llpolawfirm.com

https://www.llpolawfirm.com/2024/11/15/mica-casp-license-in-cyprus/

raphael.legal

https://raphael.legal/f/mica-in-cyprus-a-guide-for-crypto-asset-service-providers

cms.law

https://cms.law/en/int/expert-guides/cms-expert-guide-to-crypto-regulation/cyprus

harneys.com

https://www.harneys.com/our-blogs/regulatory/cysec-updates-on-transitional-measures-for-crypto-asset-providers-and-local-casp-regime/

cybershopcyprus.com

https://cybershopcyprus.com/blogs/crypto/crypto-investing-in-cyprus-a-stepbystep-guide

thewoodleighresidencescondominium.com

https://thewoodleighresidencescondominium.com/investment/cryptocurrency-investment-opportunities-in-cyprus-legal-framework-and-strategies/

deneopartners.com

https://deneopartners.com/cysec-registration-and-operating-conditions-of-crypto-asset-service-providers/

lawyersincyprus.com

https://www.lawyersincyprus.com/how-to-register-with-cysec-as-a-crypto-asset-service-provider-casp/

savvacyprus.com

https://www.savvacyprus.com/cryptocurrency-taxation-in-cyprus-2025-regulatory-update-and-planning-insights/

chambersandco.com

https://www.chambersandco.com/crypto-trading-tax-in-cyprus-guide-for-individuals-and-companies/

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