Crypto regulation in South Africa

Jurisdiction is quite welcoming and supportive of cryptoassets and promotes their active implementation in local market-spaces. Regulative framework-basis for crypto-sphere is quite ambiguous, nevertheless, any activities in crypto-market are covered by strict control. Country doesn’t set a single law governing crypto-currencies, but there’re a plenty of different normative acts applying to this niche, incl. Exchange Controlling Provisions 1961. These laws oblige crypto-holders to meet certain legislative criteria, such as mandatory point of getting a crypto license in South Africa. Revenue Service (SARS) emphasizes the need to declare incomes from crypto-currencies and warns of possible fines if you fail to do so.

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Legislative framework: innovations and main regulative focus

Recent modifications and innovations by local legislative authority indicate that there’s increasing interest in expanding provisions and powers of applicable laws for crypto-assets. FSCA proposed that cryptoassets be treated as financial tools and legislative basis be amended to bring them under corresponding Advisory (FAIS) Act.

Local Bank (SARB) is exploring possibilities of creating a government-owned or proprietary crypto-currencies known as central bank currencies. To achieve it, SARB permitted private firms to experiment with crypto-currency under strict regulative monitoring and controlling.

Nevertheless, crypto-currencies aren’t still supervised enough to provide strong protection for market-participants. In response, inter-governmental operating groups were created to analyze and design a regulative framework for this niche.

Getting South Africa crypto license: understanding legislative aspects of crypto-market

At a time when proliferation and usage of crypto-currencies was just beginning, South Africa was one of those countries clearly not adopting uniform legislation governing cryptocurrencies; it led to initial uncertainty about their status. For some time, cryptocurrency mining was considered a business-activity and was covered by income tax, but no prominent legislative regulations of this activity was established.

With regard to crypto-currencies in South Africa, starting in 2014, process of understanding and regulating cryptoassets began through joint efforts of country’s treasury (NT), SARB and other authoritative bodies.

1. In 2014, initial public statement from the NT was issued warning of risks connected with cryptoassets. Later, Inter-governmental Financial Technology Group (IFWG) was created, comprising representatives from various agencies such as the NT, SARB, FSCA and FIC, to support innovation in this niche.
2. In 2018, SARS published a press release clarifying its position regarding tax-treatment of crypto-currencies. In 2019, NCR and SARS joined the IFWG.

In terms of tax-payment of crypto-currencies, SARS defined them as digital reflection of value not being provided by central banking establishment but can be used for payments, investments and other purposes. It emphasized responsibilities of citizens to declare their incomes or losses from crypto-currencies in accordance with tax-laws.

Crypto-currencies are therefore covered by income tax-rate in accordance with general tax-rules. Failure to meet this duty might lead to penalties. Incomes from crypto-transactions might be treated as capital and taxed in income account as gross income or as capital-expanding, according to case law.

Taxpayers are entitled to reimbursement of expenses connected with acquisition or receipt of cryptoassets if these expenses are aimed at generating incomes and trading.

There may be adjustments to basis in accordance with capital gains tax (CGT) principles. Gains or losses from crypto-transactions typically fall into 3 types of scenarios, each with their own tax-implications.

1. Crypto-mining involves checking transactions through solving complex algorithms.
2. Exchange local currency for crypto-assets and vice versa through crypto-exchanges or private transactions.
3. Exchange of goods or services for crypto-assets is considered a barter transaction and is covered by relevant rules.

In South Africa there’re plenty of FSCA regulated crypto-exchanges and trading platforms. Nevertheless, crypto-currencies aren’t legal financially-considered means and their usage as such isn’t not yet widespread. Entrepreneurs-residents can invest in crypto-currency and conduct transactions with it through various exchanges and platforms.

Local governmental bodies are committed to creating a regulative environment both protecting investors and promotes the growth of crypto-innovation. Nevertheless, investors should be alert to possible risks such as market volatility, cybersecurity and fraud.

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