Cryptocurrencies: Could conversions to stablecoins soon be taxed at 31.4%?

les conversions de cryptomonnaies en stablecoins pourraient-elles être taxées à 31,4 % ? découvrez ce que cette possible mesure fiscale changerait pour les investisseurs.

Converting a cryptocurrency into a stablecoin raises an important tax question: does it constitute an exchange between digital assets, generally treated as an intermediate transaction, or a taxable disposal? The possibility of taxation of up to 31.4% would depend on how the rules evolve and how these transactions are classified. This rate should therefore not, on its own, be interpreted as proof that every stablecoin conversion is already taxed at this level.

Stablecoins are digital assets designed to maintain a relatively stable value, often by being pegged to a currency such as the euro or the dollar. They are used, among other things, to temporarily safeguard part of a portfolio, facilitate exchanges on platforms, or transfer funds between different cryptocurrency-related services.

However, their similarity to traditional currencies can make their tax treatment less clear. An investor who exchanges bitcoin for a stablecoin does not necessarily receive euros in their bank account. But they have indeed disposed of one digital asset in exchange for another. The key question, therefore, is whether the stablecoin is considered, for the transaction in question, another cryptocurrency or an equivalent of traditional currency.

The 31.4% rate: a possibility to distinguish from the rules currently in force

The figure of 31.4% refers to the possibility of a flat-rate tax applying to certain gains. It does not automatically mean that every exchange between two digital assets currently triggers tax at this rate. For such a levy to apply to a transaction, the rules in force must define it as a taxable event, and a taxable gain must be capable of being calculated.

It is therefore important to distinguish between three situations: a rule that has already been adopted and is in force, a proposed or debated amendment, and an administrative or legal interpretation of existing regulations. An announcement about a possible change is not enough to establish that it has come into effect. The date of the transaction and the text applicable on that date are decisive.

Why converting to a stablecoin raises a particular tax question

When a holder sells a cryptocurrency for euros, the disposal is generally easy to identify: the digital asset is sold for legal tender. The situation is less clear when it is exchanged for a stablecoin. A stablecoin may track the value of a currency, but depending on its form and the relevant legal framework, it remains a digital asset with its own characteristics.

This distinction has practical consequences. If the conversion is treated as an exchange between digital assets, it may be subject to a different regime from a sale for euros. If it is treated as an exit into traditional currency, it could instead be considered a taxable disposal. The classification adopted is therefore at the heart of the debate.

A stable value does not necessarily mean there is no capital gain

The fact that a stablecoin is designed to track the value of a currency does not guarantee that the transaction generates no taxable gain. Any potential capital gain depends, among other things, on the acquisition price of the cryptocurrency disposed of, its value at the time of the exchange, any fees, and the applicable calculation rules.

For example, a person who bought a digital asset at a price lower than its value when exchanging it for a stablecoin may have realized an economic gain. The tax question is then whether this gain should be taxed immediately or whether taxation should be deferred until a subsequent disposal, for example when the asset is sold for euros.

The tax treatment of exchanges between digital assets

The French tax framework provides for special treatment of certain transactions carried out between digital assets. Under the regime for individuals acting on a non-occasional basis, an exchange of one digital asset for another may, subject to certain conditions, not trigger immediate taxation of the capital gain. Taxation may then be deferred until a subsequent transaction considered a taxable disposal.

This mechanism is intended to prevent investors from having to pay tax every time they change the composition of their portfolio, even though they may not have converted their holdings into traditional currency. However, it is necessary to verify that the transaction does indeed fall within the relevant category. A token’s commercial name or apparent stability is not always enough to determine its tax status.

The place of stablecoins in this category

A stablecoin may have different mechanisms depending on its issuer, the reserves backing it, the rights associated with the token, and the way it can be exchanged or redeemed. These factors may affect its legal analysis. Thus, two tokens that track a value close to the euro may not have exactly the same characteristics.

This diversity makes it difficult to establish any general rule stating that stablecoin conversions are always taxable or always tax-exempt at the time of exchange. The assessment must consider the nature of the asset received, the structure of the transaction, and the applicable legislation. In the event of ambiguity, it is prudent to keep a precise record of the transaction and seek advice tailored to one’s circumstances.

When might taxation apply?

A conversion may become relevant for tax purposes when the transaction is treated as a taxable disposal. This may notably be the case when a digital asset is sold for legal tender or used to pay for a purchase. Other circumstances may also affect the analysis, depending on the nature of the tokens exchanged and the taxpayer’s applicable tax regime.

It is also necessary to distinguish the conversion itself from the subsequent disposal of the stablecoin. Even if an initial exchange between digital assets does not trigger immediate tax, selling the stablecoin for euros or using it to buy goods or services may constitute a separate transaction for tax purposes. The treatment then depends on the rules in force at the time of this second transaction.

The calculation is not simply a matter of applying a percentage to the amount converted

A potential tax rate does not necessarily apply to the entire amount exchanged. As a general rule, the calculation is based on a taxable gain, determined by taking into account the disposal value and the factors used to establish the acquisition price or the overall cost of the portfolio. The precise method varies depending on the tax regime and the nature of the transactions.

It is therefore important to distinguish the amount received in a conversion from the profit actually realized. The total value of the stablecoin received is not automatically equivalent to taxable income. Transaction fees, successive acquisition prices, and previous transactions may be relevant to the calculation, depending on the applicable rules.

Who might be affected by a change in tax rules?

Any potential change would primarily affect individuals who regularly use stablecoins to manage their positions, temporarily secure gains, or make exchanges on platforms. It could also affect taxpayers who carry out numerous transactions and already need to carefully track the dates, amounts, and values of their transactions.

The situation of investors acting in a professional capacity may differ from that of individuals who carry out transactions on an occasional basis. Classification criteria, the tax regime, and reporting obligations may vary. The applicable regime for each person cannot therefore be inferred solely from the frequency of their conversions.

Transactions carried out through platforms

Exchanges conducted on a centralized or decentralized platform can make tracking more complex. A conversion may be executed in several steps, involve separate fees, or pass through different tokens. The records available on the platform and the transaction history are particularly useful for establishing the exact nature of the transaction.

Users should keep statements, exchange confirmations, dates, quantities, estimated values, and fees charged. This information can help reconstruct the acquisition price and the value at the time of each transaction. Well-organized documentation also makes it easier to correct a tax return if an error is discovered.

Why a reform could change the current rules

Authorities may seek to reduce uncertainty surrounding transactions involving tokens pegged to a currency. When digital assets play a role similar to that of a settlement currency, it can be difficult to apply the distinction between cryptocurrency exchanges and currency conversions. A legislative change could therefore clarify the treatment of certain transactions or introduce specific rules.

Such a change would, however, need to clearly define the assets concerned, the transactions covered, the effective date, and the methods for calculating gains. Without these clarifications, taxpayers could find it difficult to distinguish a taxable conversion from an exchange for which taxation is deferred. Transitional rules would also be important for tokens acquired before any potential reform.

Potential consequences for portfolio management

If certain conversions became taxable as soon as they were carried out, investors might need to factor a tax cost into transactions previously undertaken to rebalance a portfolio. They might also have to calculate gains more frequently, including when they have not transferred funds to their bank account.

This change could influence choices between a direct sale for traditional currency, an exchange for a stablecoin, or holding the original asset. It could also increase the importance of tracking tools and keeping supporting records. The practical impact would, however, depend on the scope of the reform and any exceptions provided for.

What to check before reporting a conversion

Before concluding that a conversion is taxable or qualifies for tax deferral, it is necessary to verify the precise nature of the assets exchanged, the date of the transaction, the taxpayer’s status, and the legislation applicable during that period. It is also necessary to distinguish a simple portfolio transaction from a sale for legal tender or a payment for goods and services.

  • Identify the tokens disposed of and received, as well as their characteristics.

  • Keep details of the transaction, its date, the quantities exchanged, and any associated fees.

  • Determine whether the transaction is an exchange between digital assets, a sale for legal tender, or a payment.

  • Check the rules in force for the relevant year and the tax regime corresponding to the taxpayer’s circumstances.

  • Do not confuse an announced or proposed rate with a rule that has been definitively adopted and is in force.

The prospect of taxation of up to 31.4% should therefore be considered with caution. The rate mentioned is not, on its own, enough to determine whether a particular conversion is taxable or what amount would constitute the tax base. The answer depends on the legal classification of the transaction and the provisions actually in force on the date it is carried out.

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