Is Crypto Legal In Austria?

Cryptocurrency is legal in Austria and operates under a comprehensive regulatory framework established by the European Union's Markets in Crypto-Assets Regulation, which Austria implemented through the MiCA-Verordnung-Vollzugsgesetz in July 2024. The Austrian Financial Market Authority serves as the competent supervisory authority responsible for authorizing and supervising crypto-asset service providers and issuers of crypto-assets (1). The regulation establishes transparency and disclosure obligations for issuance and trading, orderly business organization requirements, investor protection rules, and measures for fighting market abuse at crypto-trading venues.

Under Austrian law, cryptocurrency holdings are classified as income from capital assets and taxed at a special rate of 27.5 percent, following reforms that entered into force on March 1, 2022 (2). This definition encompasses publicly offered cryptocurrencies accepted as means of exchange, including stablecoins whose value is tied to underlying legally recognized currencies or other assets. The tax framework covers both current income from cryptocurrency holdings and income from realized increases in value, regardless of whether minimum holding periods are observed.

"MiCAR's objective is to create a harmonised European regulatory framework for the public offering, admission to trading and provision of services in relation to crypto-assets in the European Union while also enabling the promotion of innovations."

The provision of crypto-asset services requires authorization by the Austrian Financial Market Authority if Austria is the home member state, or passporting of the MiCAR license obtained in another member state into Austria (1). Crypto-asset service providers are obliged entities under anti-money laundering and know-your-customer laws, requiring compliance with Austrian Anti-Money Laundering Act regulations regarding prevention of money laundering and terrorist financing. The regulatory framework creates legal clarity and fair competition conditions in the dynamic market for crypto-assets while ensuring financial stability and investor protection through effective supervisory powers.

Source:
https://www.fma.gv.at/en/cross-sectoral-topics/markets-in-crypto-assets-regulation-micar/
https://www.bmf.gv.at/en/topics/taxation/Tax-treatment-of-crypto-assets.html

Last updated: 18-10-2025 Disclaimer: This article does not provide legal advice. If you need legal advice, please contact an attorney directly.