Regulator and Key Provisions
The draft law lays down the foundation for regulating the crypto industry, introducing a broad set of definitions and requirements for service providers.
In particular, virtual assets are classified into three categories:
- e-money tokens — pegged solely to the value of one official currency;
- asset-backed tokens — pegged to the value of any other civil asset or right, including a combination of several official currencies;
- other tokens — which don’t fall into the above categories and will be defined by the regulator.
One key detail is that the regulator itself has not yet been firmly established. The document currently names the National Bank of Ukraine (NBU) and/or another body to be designated by the Cabinet of Ministers. The latter is expected to become the primary regulator of Ukraine’s crypto market.
The wording “and/or” is especially noteworthy. As Daniil Voloshchuk, Senior Lawyer at Juscutum, told Incrypted, regulation could remain under the NBU, or responsibilities could be shared between multiple bodies.
It’s also worth noting that the regulator will be granted fairly broad powers. These include the ability to conduct on-site inspections and investigations, as well as access premises — excluding private homes or other personal property — in order to “obtain documents and other information in any form.”
Service Providers
Under the bill, crypto-related service providers — such as exchanges and trading platforms — will be required to register with the regulator and submit annual reports on their activities. Failure to file, or providing false information, could result in fines.
Notably, the draft does not impose on providers the role of acting as tax agents for their clients — a controversial requirement that appeared in earlier versions of the legislation and was widely criticized by experts interviewed by Incrypted.
Taxes
This is the part most crypto holders are likely to pay close attention to. For individuals, the bill sets an 18% income tax on annual profits (calculated per calendar year), plus a 5% military levy. Importantly, during the first year of the law’s implementation, a preferential 5% tax rate will apply — without requiring proof of past acquisition costs.
Lawmakers explained this as an incentive for crypto owners to step out of the shadows.
At the same time, the following will not be taxed:
- income from exchanging one virtual asset for another;
- profits from selling crypto worth less than one minimum monthly wage;
- issuance of, or free receipt of, tokens directly from an issuer.
For legal entities, profits will be taxed under general corporate rules at the standard 18% rate.