South African Crypto Investors and Service Providers Told of Legal and Tax Implications of Central Bank's Plan
South African tax consultancy firm Tax Consulting SA, has said the recent announcement by the central bank — that will start to regulate cryptocurrency in 12 to 18 months — has legal and tax implications for both crypto investors and organizations providing intermediary services. The firm, however, says the South African Reserve Bank (SARB) “will not interfere in the investment decisions made by crypto investors.”
Intermediaries Must Register as Financial Services Providers
According to a South African tax consultancy firm, Tax Consulting SA, recent revelations by the central bank deputy governor that his institution intends to regulate cryptocurrency in 12 to 18 months, means cryptos “will soon be regulated under the Financial Advisory and Intermediary Services (FAIS) Act.” This, therefore, means all organizations or individuals deemed to be providing intermediary or advisory services will be required to register as financial services providers with relevant bodies.
In a report shared with Bitcoin.com News, Tax Consulting SA predicts that as the next step, SARB will introduce know your customer (KYC) procedures and exchange control regulations. The consulting firm is, however, quick to point out that the South African Reserve Bank (SARB) “will not interfere in the investment decisions made by crypto investors.”
Instead, the central bank will issue the so-called “health warnings” and provide adequate protection to investors who are at risk of losing everything. While acknowledging that the SARB has not outlawed cross-border crypto trading and investment, the consulting firm insists that investors will still have to adhere to certain reporting standards.
The tax firm’s report in the meantime warned of possible tax implications that may arise which crypto investors must be aware of. The report states:
Another concern will be in relation to tax compliance, for example, as tax evasion will be much more easily detectable with transactions falling under the purview of the SARB’s Financial Intelligence Centre (FIC).
Once the regulatory framework is in place, non-compliance will be easier to spot and at that point, South Africa’s “wild west” crypto industry will be a thing of the past, the report concludes. Tax Consulting SA also warns that during this period prior to the introduction of the regulatory regime, “crypto investors [need] to ensure that they are up to date with their compliance obligations.”
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