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Thailand

Retail_Trading_Status

Allowed-Regulated High Confidence
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Analysis ID
#803
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Created
2025-12-12 05:18
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Executive Summary

Retail cryptocurrency trading is legal and comprehensively regulated in Thailand under the supervision of the Securities and Exchange Commission (SEC). A robust licensing regime exists for digital asset exchanges, brokers, and dealers, with retail investors permitted to trade on these authorized platforms without net worth restrictions, though specific high-risk tokens (e.g., meme coins, fan tokens) are prohibited from listing. While trading for investment is encouraged with recent tax incentives, the use of cryptocurrency as a means of payment for goods and services is explicitly banned to protect financial stability.

Key Pillars

Primary Regulator: The Securities and Exchange Commission (SEC) oversees all digital asset businesses, including exchanges, brokers, dealers, and token portals.
Licensing Regime: Mandatory licensing for all intermediaries. Operators must meet capital requirements, IT security standards, and pass 'fit and proper' tests.
AML/KYC Compliance: Strict adherence to the Anti-Money Laundering Act is required, including 'dip-chip' identity verification (using national ID cards) for all new accounts.
Investor Protection: Custodial wallet rules require separation of client assets; bans on lending client assets for yield without consent.
Means of Payment Ban: The Bank of Thailand (BOT) and SEC prohibit the use of digital assets for payments of goods and services.

Landmark Laws

Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) (B.E. 2561) - Enacted: 2018-05-14
- The foundational law defining digital assets (cryptocurrency and digital tokens), establishing the SEC's regulatory authority, and setting penalties for unlicensed operations.
- Source

Royal Decree on the Operation of Digital Asset Businesses (No. 2) B.E. 2568 (2025) (B.E. 2568) - Enacted: 2025-04-13
- Expands the regulatory framework to include extraterritorial application, requiring foreign platforms targeting Thai users to obtain licenses or face blocking.

SEC Notification No. Kor Thor. 18/2564 (Kor Thor. 18/2564) - Enacted: 2021-06-11
- Prohibits licensed exchanges from listing meme tokens, fan tokens, NFTs, and exchange-issued tokens to protect retail investors from speculative risks.
- Source

Regulation on Use of Digital Assets as Means of Payment (SEC News No. 5/2565) - Enacted: 2022-04-01
- Bans digital asset business operators from providing services that facilitate the use of crypto as a means of payment for goods and services.
- Source

Considerations

Tax Exemption (2025-2029): Capital gains from cryptocurrency sales on licensed exchanges are exempt from personal income tax until December 31, 2029.
VAT Exemption: Transfers of digital assets on licensed exchanges are exempt from Value Added Tax (VAT).
Restricted Tokens: You cannot trade meme coins (e.g., DOGE, SHIB), fan tokens, or NFTs on Thai-regulated exchanges; users must use self-custody or foreign platforms for these.
Foreign Platform Block: As of mid-2025, the SEC has begun blocking access to unlicensed foreign exchanges (e.g., Bybit, OKX) that did not comply with new licensing rules.
Payment Ban: It is illegal for merchants to price goods in crypto or for exchanges to offer 'crypto debit cards' for domestic spending.

Notes

The analysis assumes the current date is December 12, 2025. The regulatory environment in Thailand is highly dynamic, with a clear trend towards incentivizing onshore trading through tax breaks while aggressively shutting down offshore access and payment utility.

Remaining Uncertainties

  • The exact technical implementation of the foreign platform blocking (DNS vs. IP blocking) and its effectiveness.
  • Whether the ban on 'exchange tokens' applies to global tokens like BNB if traded on a third-party licensed exchange (Gulf Binance is licensed, but listing BNB might still be restricted under the specific notification).
  • Future status of staking and lending products, which have been under scrutiny.

Detailed Explanation

Retail cryptocurrency trading is legal and comprehensively regulated in Thailand. The primary regulatory framework is established by the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018), which grants the Securities and Exchange Commission (SEC) authority to oversee all digital asset business operators. This includes mandatory licensing for exchanges, brokers, and dealers, who must meet strict capital, IT security, and 'fit and proper' standards. The SEC enforces robust investor protection rules, such as requiring the separation of client assets in custodial wallets and prohibiting the lending of client assets for yield without explicit consent. Furthermore, strict Anti-Money Laundering (AML) compliance is mandated, including 'dip-chip' identity verification using national ID cards for all new customer accounts. The regulatory scope was significantly expanded with the Royal Decree on the Operation of Digital Asset Businesses (No. 2) B.E. 2568 (2025), which introduced extraterritorial application, requiring foreign platforms targeting Thai users to obtain a license or face being blocked by authorities. This proactive stance is part of a broader effort to channel retail trading activity onto regulated, onshore platforms. To further incentivize this, the government has implemented a personal income tax exemption on capital gains from cryptocurrency sales made on licensed exchanges, effective until December 31, 2029, and a Value Added Tax (VAT) exemption for digital asset transfers on these platforms. However, the regulatory environment imposes significant limitations. A key restriction is the explicit ban on using digital assets as a means of payment for goods and services, as outlined in the Regulation on Use of Digital Assets as Means of Payment (SEC News No. 5/2565) enacted on April 1, 2022. This prohibits merchants from pricing goods in crypto and exchanges from offering payment facilitation services like crypto debit cards. Additionally, to protect retail investors from high-risk speculation, the SEC Notification No. Kor Thor. 18/2564 (June 11, 2021) prohibits licensed exchanges from listing specific token types, including meme coins, fan tokens, and NFTs. Consequently, as of mid-2025, the SEC has begun blocking access to unlicensed foreign exchanges that did not comply with the new licensing rules, reinforcing a controlled ecosystem where regulated trading is allowed but utility as a payment method and access to certain speculative assets are restricted.

Summary Points

I. Regulatory Status

  • Retail cryptocurrency trading is Allowed-Regulated.
  • Trading for investment purposes is legal and encouraged on licensed platforms.
  • The use of cryptocurrency as a means of payment for goods and services is explicitly banned.

II. Key Regulatory Bodies

  • Securities and Exchange Commission (SEC): The primary regulator overseeing all digital asset businesses, including exchanges, brokers, dealers, and token portals.
  • Bank of Thailand (BOT): Collaborates with the SEC in prohibiting the use of digital assets for payments.

III. Important Legislation

  • Emergency Decree on Digital Asset Businesses B.E. 2561 (2018): Enacted May 14, 2018. This is the foundational law that defines digital assets, establishes the SEC's regulatory authority, and sets penalties for unlicensed operations.
  • Royal Decree on the Operation of Digital Asset Businesses (No. 2) B.E. 2568 (2025): Enacted April 13, 2025. Expands the regulatory framework to include extraterritorial application, requiring foreign platforms targeting Thai users to obtain licenses.
  • SEC Notification No. Kor Thor. 18/2564: Enacted June 11, 2021. Prohibits licensed exchanges from listing meme tokens, fan tokens, NFTs, and exchange-issued tokens to protect retail investors.
  • Regulation on Use of Digital Assets as Means of Payment (SEC News No. 5/2565): Enacted April 1, 2022. Bans digital asset business operators from providing services that facilitate the use of crypto for payments.

IV. Compliance Requirements

  • Licensing: Mandatory licensing for all digital asset business intermediaries (exchanges, brokers, dealers).
  • Operator Standards: Licensees must meet specific capital requirements, IT security standards, and pass 'fit and proper' tests.
  • AML/KYC: Strict adherence to the Anti-Money Laundering Act is required, including 'dip-chip' identity verification using national ID cards for all new accounts.
  • Investor Protection:
    • Custodial wallet rules require the separation of client assets.
    • Bans on lending client assets for yield without explicit consent.

V. Notable Restrictions or Limitations

  • Payment Ban: It is illegal for merchants to price goods in crypto or for exchanges to offer 'crypto debit cards' for domestic spending.
  • Restricted Token Listings: Licensed exchanges are prohibited from listing meme coins (e.g., DOGE, SHIB), fan tokens, or NFTs.
  • Foreign Platform Access: Unlicensed foreign exchanges targeting Thai users are subject to being blocked by authorities.

VI. Recent Developments or Notes

  • Tax Exemption (2025-2029): Capital gains from cryptocurrency sales on licensed exchanges are exempt from personal income tax until December 31, 2029.
  • VAT Exemption: Transfers of digital assets on licensed exchanges are exempt from Value Added Tax (VAT).
  • Foreign Platform Block: As of mid-2025, the SEC has begun blocking access to unlicensed foreign exchanges (e.g., Bybit, OKX) that did not comply with new licensing rules.
  • The regulatory environment is highly dynamic, with a clear trend towards incentivizing onshore trading through tax breaks while aggressively restricting offshore access and payment utility.

Full Analysis Report

Thailand has established itself as one of the most mature and strictly regulated cryptocurrency markets in Southeast Asia. The regulatory framework is anchored by the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018), which empowers the Securities and Exchange Commission (SEC) to license and supervise digital asset operators. The regime distinguishes between 'cryptocurrencies' (medium of exchange) and 'digital tokens' (investment or utility rights). Retail trading is widely accessible and encouraged through licensed platforms like Bitkub, Orbix, and Gulf Binance, provided they adhere to strict AML/KYC standards, including the mandatory use of 'dip-chip' machines to verify Thai national ID cards in person or via NDID systems.

In a significant move to boost the digital economy, the Thai government introduced major tax incentives effective from 2024 and 2025. Specifically, the Ministry of Finance exempted capital gains from personal income tax for trades executed on licensed domestic exchanges for a five-year period ending in 2029. Additionally, VAT on crypto transfers via these authorized entities has been waived. These measures are designed to onshore trading activity and bring investors under the regulatory umbrella, reducing the appeal of unregulated offshore platforms.

Despite the pro-trading stance, the regulator maintains a strict separation between 'investment' and 'payment' use cases. Effective April 1, 2022, the Bank of Thailand (BOT) and SEC enforced a ban on using digital assets as a means of payment for goods and services, citing risks to financial stability and the fiat currency system. This means licensed exchanges cannot offer crypto-to-fiat payment gateways for merchants, and businesses are prohibited from advertising crypto payment acceptance. Furthermore, to curb speculative excess, the SEC prohibits licensed exchanges from listing 'meme tokens,' 'fan tokens,' NFTs, and exchange-native tokens, forcing users interested in these assets to hold them in self-custody wallets.

Enforcement has tightened significantly in 2025 with the enactment of the Royal Decree on the Operation of Digital Asset Businesses (No. 2). This amendment gave the SEC extraterritorial powers to regulate foreign platforms targeting Thai residents. Consequently, starting June 2025, the SEC initiated blocking orders against major unlicensed global exchanges that failed to register, signaling a shift towards a 'walled garden' approach where only fully compliant, locally licensed entities may serve the Thai retail market.

Source Evidence

Primary and secondary sources cited in this analysis

"The Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) was enacted to regulate the offering of digital assets and the undertaking of digital asset businesses."

"The Securities and Exchange Commission (SEC) Board has resolved to approve the Notification... prohibiting digital asset exchanges from providing services related to... Meme token, Fan token, Non-fungible token (NFT)."

"The BOT and the SEC have discussed the benefits and risks... and agreed on the necessity to regulate and control the usage of digital assets as a means of payment."

2025-12-12

"List of Digital Asset Exchange... Bitkub Online Co., Ltd., Orbix Trade Co., Ltd., Gulf Binance Co., Ltd."

"The Ministry of Finance (MoF) announced on 17 June 2025 that capital gains taxes on the sales of cryptocurrencies... will be suspended from 1 January 2025 to 31 December 2029."

"Two Royal Decrees, which came into effect on April 13, 2025... Foreign platforms that fail to comply may now face blocking orders."

Web Sources (14)

Sources discovered via web search grounding

Search queries used (6)
  • Thailand SEC removal of retail investment limit ICO
  • Bank of Thailand crypto means of payment ban regulation
  • Thailand crypto tax rules 2024 capital gains VAT
  • Thailand cryptocurrency regulation retail trading status 2024 2025
  • Thailand SEC digital asset exchange license list 2025
  • Thailand SEC ban on meme coins fan tokens current status
aimbangkok.com

https://aimbangkok.com/crypto-license-thailand/

aimbangkok.com

https://aimbangkok.com/thailand-digital-asset-regulation-2025/

thailand-business-news.com

https://www.thailand-business-news.com/cryptocurrencies-and-digital-asset-laws-in-thailand

buyucoin.com

https://www.buyucoin.com/crypto-labs/thailand-bans-meme-coins-fan-tokens-nfts-from-trading-on-crypto-exchanges/

fintechnews.sg

https://fintechnews.sg/thailand-sec-crypto-exchanges/

globallegalinsights.com

https://www.globallegalinsights.com/practice-areas/blockchain-cryptocurrency-laws-and-regulations/thailand/

expattaxthailand.com

https://www.expattaxthailand.com/cryptocurrency-tax-thailand/

nishimura.com

https://www.nishimura.com/en/knowledge/publications/20250501-112246

bangkokpost.com

https://www.bangkokpost.com/business/general/2131299/sec-bans-trade-in-gimmick-tokens-and-nfts

cryptonary.com

https://cryptonary.com/thailand-bans-meme-coins-and-nfts-from-trading/

tilleke.com

https://www.tilleke.com/insights/thailand-announces-prohibited-digital-tokens-and-cryptocurrencies/41/

thailawonline.com

https://thailawonline.com/cryptocurrency-tax-in-thailand/

siam-legal.com

https://www.siam-legal.com/thailand-law/crypto-assets-officially-tax-free-in-thailand-for-a-limited-time/

vbapartners.com

https://vbapartners.com/crypto-tax-declarations-in-thailand/

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