The Taxation of Crypto-Assets and the Sustainable Development Goals

Authors

Keywords:

sustainable development, tax, crypto-assets

Abstract

The aim of the article is to determine whether the principles of crypto-asset taxation are compatible with the sustainable development goals. The article uses the formal-legal and the comparative-legal methods, both of which are appropriate for legal studies. the article draws the following conclusions. Only to a limited extent do the goals of the 2030 Agenda explicitly refer to tightening tax systems and introducing stable and transparent taxation rules. One of the goals of the 2030 Agenda is to support innovation and promote sustainable, stable and inclusive economic growth. Currently, the efforts of states and international organisations are mainly focused on tightening tax systems and taxing Internet activities, including the taxation of crypto-asset trading. It should be emphasised that these actions are necessary and essential to avoid the erosion of the tax system and the use of new technologies by taxpayers to evade tax. However, there are no measures to protect the taxpayer operating in the crypto-asset market. Indeed, only the tightening of tax systems in relation to the development of this type of technology is sought. For the sustainable development goals of the 2030 Agenda, this is not sufficient. Sustainable development requires stable and transparent taxation rules, including the taxation of crypto-asset trading.

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References

Boćánek, M.:First draft of crypto-asset regulation (MiCa) with the European Union and potential implementation, Financial Law Review, vol. 2, 2021.

Parmentola, A. et al.: Is blockchain able to enhance environmental sustainability? A systematic review and research agenda from the perspective of Sustainable Development Goals (SDGs), Business Strategy and the Environment, 31(1), 2022.

van der Linden, T., Shirazi, T. (2023), Markets in cryptoassets regulation: Does it provide legal certainty and increase adoption of cryptoassets? Financial Innovation vol. 9, 2023. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9830123/, accessed: April 23rd, 2023.

Legal Acts

Act of 9 September 2000, Tax on Civil Law Transactions (Journal of Laws 2023, item 170, as amended), Poland

Act of 1 March 2018 on the Prevention of Money Laundering and Financing Terrorism (Journal of Law of 2022 item 593, as amended), Poland.

Act on the Personal Income Tax of 26 July 1991 (Journal of Laws of 2022, item 2647, as amended), Poland.

Act on Corporate Income Tax of 15 February 1992 (Journal of Laws 2022, item 2587, as amended), Poland.

Act of 23 October 2018 amending the Act on Personal Income Tax, the Act on Corporate Income Tax, the Tax Ordinance Act and certain other acts (Journal of Laws, item 2193, as amended), Poland.

Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC, OJ L 64, 11.3.2011.

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/ EC (OJ L 141 of 5 June 2015.

Other Official Documents

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled Shaping Europe’s Digital Future Available at: https://eur-lex.europa.eu/legal-content/PL/TXT/PDF/?uri=CELEX: 52020DC0067&from=en, accessed: April 23rd, 2023.

OECD, Crypto-Asset Reporting Framework and Amendments to the Common Reporting Standard. OECD, Paris Available at: https://www.oecd.org/tax/exchange-of-tax-information/crypto-asset-reporting-framework-and-amendments-to-the-common-reporting-standard.htm, accessed: April 23rd, 2023.

Proposal for a COUNCIL DIRECTIVE amending Directive 2011/16/EU on administrative cooperation in the field of taxation, COM/2020/314 final, Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX% 3A52020PC0314, accessed: April 23rd, 2023.

Proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 (MiCA) – Letter to the Chair of the European Parliament Committee on Economic and Monetary Affairs, 2020/0265 (COD), Available at: https://data.consilium.europa.eu/doc/document/ST-13198-2022-INIT/en/pdf, accessed: April 23rd, 2023.

Resolution adopted by the United Nations General Assembly on 25 September 2015 No. 70/1 Transforming our world: the 2030 Agenda for Sustainable Development (A/RES, 70/1).

Internet Resources:

Makarov I. & Schoar A. (2022), Cryptocurrencies and Decentralized Finance (DeFi), Brookings Papers on Economic Activity [Preprint], (Spring) Available at: https://www.brookings.edu/wp-content/uploads/2022/03/16265-BPEA-Sp22_MakarovSchoar_WEB-Appendix.pdf, accessed: April 23rd, 2023.

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Published

28.04.2025

How to Cite

Lenio, P. (2025). The Taxation of Crypto-Assets and the Sustainable Development Goals. Financial Law Review, (36(4), 34–45. Retrieved from https://czasopisma.bg.ug.edu.pl/index.php/flr/article/view/12274

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Articles