Despite the fact that the cryptocurrency gains tax will not be reinstated until 2025, the South Korean Ministry of Strategy and Finance announced on Monday that hard forked tokens, staking incentives, and airdrops of virtual assets will all be subject to gift taxes in accordance with the Testamentary and Gift Tax Act. This is the case even though the cryptocurrency gains tax will not be reinstated until 2025.

According to the laws of South Korea, cryptocurrencies are given the official designation of being virtual assets.

The cryptocurrency tax has been suspended, but free coins will still be taxed.

The South Korean tax office responded to a question regarding tax law regarding transitions of digital service airdrops by cryptocurrency exchanges by stating that any free transfer of virtual asset by cryptocurrency exchanges in the form of airdrops, staking rewards, and hard-forked tokens would result in the imposition of a gift tax.

The tax on gifts will reportedly be levied on the third party that receives the virtual asset at no cost, as reported by a regional news station.

Even if a tax on gains from virtual assets is finally adopted in 2025, the Inheritance and Gift Tax Act will nevertheless subject free transfers of virtual assets to a rate of between 10 and 50 percent. According to the law, the person who "gets" the free "present" is the one who is responsible for filing a gift tax return within three months of getting it.

However, in light of the absence of regulations governing the market for virtual assets, the ministry indicated that real taxation on transactions involving virtual assets should be determined on a case-by-case basis. According to a statement issued by the government:

"Whether a particular virtual asset transaction is subject to gift tax or not is a matter that needs to be determined after taking into consideration the situation of the transaction," which includes factors like whether the transaction is a consideration or whether actual property and profits are transferred.

The tax on cryptocurrencies has been put on hold, but free coins are still taxable. South Korea (de)
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Originally published on August 22, 2022, by Abraham Chris

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The tax on cryptocurrencies has been put on hold, but South Korea is considering imposing a "gift tax" on airdrops. This would mean that free coins would be subject to taxation.

Despite the fact that the cryptocurrency gains tax will not be reinstated until 2025, the South Korean Ministry of Strategy and Finance stated on Monday that hard forked coupons, staking incentives, and airdrops of cloud applications will all be subject to gift taxes in accordance with the Inheritance and Gift Tax Act. This is the case even though the cryptocurrency gains tax will not be reinstated until 2025.

According to the laws of South Korea, cryptocurrencies are given the official designation of being virtual assets.

The cryptocurrency tax has been suspended, but free coins will still be taxed.

In response to a question about tax law that was posed concerning the distribution of free virtual assets by cryptocurrency exchanges in the form of airdrops, staking rewards, and hard-forked tokens, the South Korean tax office stated that any free virtual asset distribution by cryptocurrency exchanges would be subject to a gift tax.

The tax on gifts will reportedly be levied on the third party that receives the virtual asset at no cost, as reported by a regional news station.

Even if a tax on gains from virtual assets is enacted in 2025, the Inheritance and Gift Tax Act will still impose a tax of between 10 and 50 percent on the free transfer of virtual assets between individuals. According to the law, the person who "gets" the free "present" is the one who is responsible for filing a gift tax return within three months of getting it.

However, in light of the absence of regulations governing the market for virtual assets, the ministry indicated that real taxation on transactions involving virtual assets should be determined on a case-by-case basis. According to a statement issued by the government:

"Whether a particular transaction involving a virtual asset is subject to gift tax or not is a topic that needs to be assessed in consideration of the transaction scenario," which may include factors such as "whether it is a consideration or whether actual property and profits are transferred."

Due to the absence of regulatory guidelines, the authorities have repeatedly delayed the implementation of the virtual asset gains tax. It becomes fairly difficult for them to investigate all possible types of transactions involving virtual assets and to construct a legal framework that encompasses these activities. As a consequence of this, even after taxes have been calculated, it is impossible to comprehend the specifics of contributions made using virtual assets.

A General Explanation of South Korea's Crypto Tax

When it was first brought up, lawmakers in South Korea considered the possibility of imposing a 20% capital gains tax on cryptocurrency. It was proposed that any annual earnings over 2.5 million won ($2,200) would be subject to the tax beginning in October 2020. As the year progressed, the South Korean government, in response to significant criticism and resistance from local crypto lobbyists, decided to postpone the implementation of the new tax scheme until 2022.

The passage of the bill was delayed for a further two years, all the way up to 2025, just a few short months after the new president, Yoon Suk-yeol, was elected.