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Retail_Trading_Status

Allowed-Regulated High Confidence
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Analysis ID
#694
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Created
2025-12-12 04:40
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Executive Summary

Retail cryptocurrency trading is fully legal and highly regulated in Japan under the oversight of the Financial Services Agency (FSA). Exchanges must register as Crypto Asset Exchange Service Providers (CAESPs), adhering to strict consumer protection standards including a 2x leverage cap for retail margin trading and mandatory cold wallet storage. While historically taxed as miscellaneous income with rates up to 55%, the government is actively advancing a reform to introduce a flat 20% separate tax rate starting in 2026. A landmark regulatory shift is also underway to reclassify crypto assets from the Payment Services Act to the Financial Instruments and Exchange Act, treating them more akin to traditional securities.

Key Pillars

Financial Services Agency (FSA) as the primary regulator
Mandatory registration as a Crypto Asset Exchange Service Provider (CAESP)
Strict segregation of customer funds (100% cold storage coverage required)
Retail margin trading leverage capped at 2x
Travel Rule compliance for anti-money laundering (AML)
Japan Virtual and Crypto assets Exchange Association (JVCEA) as the Self-Regulatory Organization (SRO)

Landmark Laws

Payment Services Act (PSA) (Act No. 59 of 2009 (Amended 2017, 2020, 2023)) - Enacted: 2017-04-01
- Established the original licensing framework for crypto exchanges, defined 'crypto assets' legally, and implemented the 'Electronic Payment Instruments' framework for stablecoins in June 2023.
- Source

Financial Instruments and Exchange Act (FIEA) (Act No. 25 of 1948 (Amended 2020)) - Enacted: 2020-05-01
- Regulates crypto derivatives, Initial Coin Offerings (ICOs), and Security Token Offerings (STOs). Imposes the 2x leverage limit on retail margin trading.
- Source

Act on Prevention of Transfer of Criminal Proceeds - Enacted: 2023-06-01
- Enforces the 'Travel Rule' requiring exchanges to share sender/recipient data for crypto transfers to comply with FATF standards.
- Source

Considerations

Tax Reform: As of late 2025, a proposal is finalized to shift crypto tax from progressive 'miscellaneous income' (up to 55%) to a flat 20% rate, likely effective 2026.
Stablecoins: Only banks, trust companies, and funds transfer service providers can issue Yen-pegged stablecoins; strict restrictions apply to foreign stablecoins like USDT.
Leverage Limits: Retail investors are strictly limited to 2x leverage, significantly lower than many international jurisdictions.
Liability Reserves: New rules proposed in Dec 2025 require exchanges to hold specific reserves to compensate users in the event of a hack.

Notes

Japan's regulatory environment is characterized by high barriers to entry but high legal certainty. The 'Travel Rule' is strictly enforced. The distinction between 'Crypto Assets' (unbacked) and 'Electronic Payment Instruments' (stablecoins) is crucial for compliance. The upcoming shift to FIEA regulation in 2026 will likely increase compliance costs further but legitimize the asset class for institutional investors.

Remaining Uncertainties

  • Exact implementation date of the 20% flat tax reform (likely April 2026, but pending final Diet approval).
  • Specifics of the 'liability reserve' calculation for exchanges under the proposed 2025 rules.
  • Whether the restriction on foreign stablecoins (USDT/USDC) will be relaxed for intermediaries under the new 'Electronic Payment Instrument' distributor licenses.

Detailed Explanation

Retail cryptocurrency trading is fully legal and highly regulated in Japan. The primary regulatory framework is established by the Payment Services Act (PSA), enacted on April 1, 2017, which legally defined 'crypto assets' and created the mandatory registration system for exchanges as Crypto Asset Exchange Service Providers (CAESPs). This framework is overseen by the Financial Services Agency (FSA) as the primary regulator, with the Japan Virtual and Crypto assets Exchange Association (JVCEA) acting as the Self-Regulatory Organization. The regulatory environment imposes strict consumer protection standards, including a requirement for 100% cold wallet storage coverage for customer funds and a leverage cap of 2x for retail margin trading as stipulated under the Financial Instruments and Exchange Act (FIEA), amended on May 1, 2020. Furthermore, Japan enforces robust anti-money laundering protocols, having implemented the Travel Rule via the Act on Prevention of Transfer of Criminal Proceeds, which came into force on June 1, 2023, requiring exchanges to share sender and recipient information for transactions. A landmark regulatory shift is underway to reclassify crypto assets from the PSA to the FIEA, which will treat them more akin to traditional securities and is expected to further increase compliance obligations. The tax regime is also undergoing significant reform, with a finalized proposal as of late 2025 to replace the current progressive 'miscellaneous income' tax, which could reach rates up to 55%, with a flat 20% separate tax rate likely effective from 2026. This combination of high barriers to entry, including strict rules for stablecoin issuance that limit it to banks and trust companies, and clear legal frameworks provides a high degree of legal certainty for market participants.

Summary Points

I. Regulatory Status
* Retail cryptocurrency trading is fully legal and highly regulated.
* Status is Allowed-Regulated.

II. Key Regulatory Bodies
* Financial Services Agency (FSA) is the primary regulator.
* Japan Virtual and Crypto assets Exchange Association (JVCEA) acts as the Self-Regulatory Organization (SRO).

III. Important Legislation
* Payment Services Act (PSA) (Act No. 59 of 2009, amended 2017, 2020, 2023) - Enacted: 2017-04-01
* Established the original licensing framework for crypto exchanges.
* Legally defined 'crypto assets'.
* Implemented the 'Electronic Payment Instruments' framework for stablecoins in June 2023.
* Financial Instruments and Exchange Act (FIEA) (Act No. 25 of 1948, amended 2020) - Enacted: 2020-05-01
* Regulates crypto derivatives, Initial Coin Offerings (ICOs), and Security Token Offerings (STOs).
* Imposes the 2x leverage limit on retail margin trading.
* Act on Prevention of Transfer of Criminal Proceeds - Enacted: 2023-06-01
* Enforces the Travel Rule for crypto transfers to comply with FATF standards.

IV. Compliance Requirements
* Mandatory registration as a Crypto Asset Exchange Service Provider (CAESP).
* Strict segregation of customer funds with 100% cold wallet storage coverage required.
* Travel Rule compliance for anti-money laundering (AML).
* Adherence to leverage caps and other rules set by the JVCEA SRO.

V. Notable Restrictions or Limitations
* Retail margin trading leverage is strictly capped at 2x.
* Stablecoin issuance is heavily restricted; only banks, trust companies, and funds transfer service providers can issue Yen-pegged stablecoins.
* There are strict restrictions on foreign stablecoins like USDT.
* High barriers to entry for exchange operators.

VI. Recent Developments or Notes
* Tax Reform: A proposal is finalized (as of late 2025) to shift crypto taxation from progressive miscellaneous income (up to 55%) to a flat 20% separate tax rate, likely effective 2026.
* Regulatory Reclassification: An active shift is underway to reclassify crypto assets from the Payment Services Act (PSA) to the Financial Instruments and Exchange Act (FIEA), treating them more like traditional securities.
* Liability Reserves: New rules were proposed in December 2025 requiring exchanges to hold specific reserves to compensate users in case of a hack.
* The environment offers high legal certainty but with significant compliance costs.
* The distinction between 'Crypto Assets' (unbacked) and 'Electronic Payment Instruments' (stablecoins) is crucial for compliance.

Full Analysis Report

As of December 2025, Japan maintains one of the world's most mature and strictly enforced regulatory frameworks for cryptocurrency. The Financial Services Agency (FSA) oversees the sector primarily through the Payment Services Act (PSA) and the Financial Instruments and Exchange Act (FIEA). Entities wishing to offer crypto exchange services to residents must register as Crypto Asset Exchange Service Providers (CAESPs). The registration process is rigorous, requiring robust internal systems for Anti-Money Laundering (AML), segregation of customer fiat and crypto assets, and membership in the Self-Regulatory Organization, the Japan Virtual and Crypto assets Exchange Association (JVCEA).

The regulatory landscape has evolved significantly to address consumer protection. Following historical hacks (e.g., Coincheck, Mt. Gox), regulations now mandate that exchanges keep 100% of customer assets in cold wallets or hold a fiat guarantee for any hot wallet amounts. Furthermore, retail margin trading is capped at 2x leverage to mitigate speculative risk. In June 2023, the PSA was amended to regulate stablecoins as 'Electronic Payment Instruments,' restricting issuance to banks, trust companies, and funds transfer operators, effectively barring most foreign stablecoins from direct issuance in the Japanese market without a local partner.

A major development in late 2025 is the government's decisive move toward tax reform. Historically, crypto gains were classified as 'miscellaneous income,' subject to progressive tax rates up to 55% (combined national and local). However, in December 2025, the FSA and ruling party tax committees finalized proposals to reclassify crypto gains under a separate self-assessment taxation equivalent to stocks, imposing a flat 20% tax rate. This change, expected to be enacted for the 2026 fiscal year, addresses a long-standing grievance of domestic investors and is designed to prevent capital flight.

Looking ahead, the FSA is preparing to shift the primary legal basis for crypto regulation from the PSA to the FIEA entirely. This transition, outlined in a December 2025 working group report, aims to treat crypto assets more like traditional financial instruments. This would introduce stricter disclosure requirements for Initial Exchange Offerings (IEOs), mandate third-party code audits for smart contracts, and explicitly prohibit insider trading. These measures reinforce Japan's position as a 'pro-crypto' but 'high-compliance' jurisdiction, prioritizing market integrity over unrestricted growth.

Source Evidence

Primary and secondary sources cited in this analysis

"The crypto-assets handled by the Crypto-asset Exchange Service Providers listed in this list are merely confirmed to fall under the definition under the Payment Services Act"

"Crypto-asset Exchange Service Providers need to be registered with the Financial Services Agency."

"Crypto assets are increasingly being used as investment targets... underscoring the need to protect users by providing regulation that treats crypto as a financial product."

"The proposal, shaped by the Financial Services Agency, seeks approval for the 2026 fiscal-year tax reform."

"The permitted leverage for crypto margin trading in Japan will be lowered to only two times the deposit"

Web Sources (4)

Sources discovered via web search grounding

Search queries used (5)
  • Japan crypto tax reform 2025 miscellaneous income
  • Japan Payment Services Act crypto amendment 2024 stablecoins
  • Japan crypto leverage limit retail trading 2024
  • FSA Japan list of crypto asset exchange service providers 2025
  • Japan crypto regulation retail trading status 2024 2025 FSA
koinly.io

https://koinly.io/guides/crypto-tax-japan/

tradingview.com

https://www.tradingview.com/news/cointelegraph:0b2b71943094b:0-japan-plans-tough-new-rules-for-crypto-exchanges-what-liability-reserves-actually-mean/

coingape.com

https://coingape.com/cryptocurrency-exchanges/best-crypto-exchanges-in-japan/

icobench.com

https://icobench.com/news/japan-to-redefine-crypto-as-financial-instruments-in-major-regulatory-overhaul/

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