A Clear Guide to Onshore vs Offshore Licenses – Which One Is the “Ace Card” for Your Crypto Business?

Onshore vs Offshore Licenses

A Clear Guide to Onshore vs Offshore Licenses – Which One Is the “Ace Card” for Your Crypto Business?

As a Virtual Asset Service Provider (VASP) with ambitions to conquer the global market, stepping into the cryptocurrency arena means your very first move must be securing a legal “pass” — a license. But choosing the right license is like making a high-stakes bet. With so many options, it’s easy to feel overwhelmed. Offshore licenses are low-cost and flexible, while onshore licenses carry authority and credibility. But which is better? Which one is the best fit for your business strategy?

This article offers a clear and concise comparison between offshore and onshore licenses, helping you navigate the crypto waves and pinpoint the “ace card” that matches your business goals.

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Onshore License vs Offshore License: Which One is Right for You?

Whether you’re launching your crypto business in any corner of the world, you’ll need either an onshore or offshore license — this is the most crucial step in your journey.

Onshore Licenses are issued by major economies or well-established jurisdictions like the United States, European Union, Switzerland, and El Salvador.
Offshore Licenses are issued by offshore financial centers such as the Seychelles or the Cayman Islands.

Put simply:

  • Onshore = Authoritative Pass
  • Offshore = Flexible Shortcut

Let’s quickly compare the two across key dimensions:

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Geography and Jurisdiction

Onshore licenses come from global economic hubs with strong legal systems and international influence, providing a solid operational foundation. Imagine the VARA license in Dubai or the MiCA framework in the EU — they aren’t just symbols of compliance, but golden keys to global financial markets.

Offshore licenses, however, are often issued in smaller, remote financial centers with little international clout. Their legal frameworks are typically tailored to attract foreign capital but lack recognition in mainstream markets. Think of them as flashy but fragile name cards, which can limit a company’s global ambitions.

Regulatory Rigor

Onshore licenses are backed by strict regulations — AML, KYC, CFT, etc. While compliance is demanding, it brings high transparency and legal integrity. Regulators like the U.S. SEC or Swiss FINMA push firms to build robust risk control systems, keeping them away from legal pitfalls and ensuring sustainable growth.

Offshore licenses are known for “low barriers” and often lack substantial oversight. This “easy entry” illusion can be risky — firms may be labeled as “unreliable” or “high risk.” In an era of tightening global regulations (e.g., FATF Travel Rule), offshore licenses may become ticking time bombs of compliance crises.

Application Cost and Time

Onshore licenses typically cost tens of thousands of dollars and may take several months to over a year to obtain. While costly and time-consuming, they offer high-quality regulatory endorsement and access to key markets — a worthwhile long-term investment, especially when attracting big clients or raising capital.

Offshore licenses are cheaper (from a few thousand to tens of thousands of dollars) and can be approved in weeks or months. But the low price comes at a cost — weak regulatory backing often forces companies to later apply for onshore licenses, leading to wasted time and money. What seemed like a bargain becomes an expensive lesson.

Market Credibility and Client Trust

Onshore licenses serve as “golden signs” of trust in the market due to strict regulation and prestigious origin. For example, a VASP with a New York BitLicense can easily attract institutional investors and partner seamlessly with banks.

Offshore licenses, by contrast, often raise red flags due to lax regulation and regional reputation issues. Clients may question their legitimacy, and banks might refuse to cooperate. A Seychelles-licensed firm trying to enter the U.S. market is often seen as a high-risk “intruder,” undermining trust.

Tax Implications

Onshore licenses require firms to pay local taxes — the burden may be heavy, but they offer strong compliance protection and shield against surprise international tax audits. Transparent tax policies also allow legal cost optimization through incentives (e.g., El Salvador’s RPSAD), making long-term operations more predictable.

Offshore licenses often offer low or zero tax, which seems attractive at first. But they can trigger tax investigations under CRS, FATCA, or land the firm on “tax haven” blacklists. This adds compliance burdens and hinders partnerships, turning sweet savings into bitter trouble.

Ideal Use Cases

Onshore licenses are tailored for businesses targeting specific markets, institutional clients, or long-term growth. For instance, a company wanting to launch crypto trading in El Salvador can use a DASP or BSP license to penetrate the local market, deeply integrate with the financial system, and gain a strategic edge.

Offshore licenses are best for startups or short-term projects, especially those serving retail customers without local presence. But as the business grows, their shortcomings become clear — they fail to meet regulatory expectations of mainstream markets, forcing restructuring and adding uncertainty. It’s like building a skyscraper on sand.

Onshore License: Big Advantages, Big Challenges?

Onshore licenses stand out for their authority, stability, and market competitiveness — they’re the foundation for a sustainable crypto business. Offshore licenses, while convenient short-term, suffer from low trust, high risk, and long-term uncertainty.

If your goal is global, stable growth, onshore licenses are the real “ace card.”

But securing an onshore license isn’t a walk in the park — it’s more like a marathon that requires patience and strategy. Take El Salvador’s BSP and DASP licenses for example. VASPs face multiple hurdles:

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  • High cost and time investment: Think of it as a “money-burning game” — legal advice, compliance systems, application fees… all stack up to tens of thousands of dollars. Approval may take months to a year, delaying your business plan. The dual pressure of time and money tests both patience and budget.
  • Strict compliance requirements: AML, KYC, cybersecurity, and more — not just checkboxes, but full compliance programs that must be built with care. El Salvador even requires external audits and quarterly reports — miss a step and all previous work could be wasted.
  • Local presence requirements: To get licensed, you’ll need a local company in El Salvador, navigate legal/admin steps, and hire a compliance officer and deputy. For foreign operators, this isn’t just technical — it’s resource-intensive. Recruitment and training add substantial cost and effort.
  • Language and culture barriers: All documents and communication for El Salvador licenses must be in Spanish — for non-Spanish-speaking VASPs, it’s like navigating through fog. Miscommunication can lower efficiency or lead to critical mistakes. A translation team or local partner is a must.
  • Regulatory uncertainty: Crypto regulation is still maturing. Lack of clarity and opaque procedures mean any misstep could require costly corrections or restarting the entire process.

Apply for Onshore Licenses Easily — Let Cryptolicence Handle It!

Yes, onshore licenses are the “authoritative pass,” but the challenges can make even the boldest VASP sweat. That’s why you need a seasoned license expert — a guide who’s also a problem-solver.

From process navigation and cost optimization to building compliance systems and overcoming language barriers, a professional team helps you stay on track and avoid detours.

How We Support You at Cryptolicence:

  • Process Guidance: Our experts understand local regulations and streamline complex application steps. We clarify the full timeline and help you align licensing with your business goals.
  • Document Preparation: We draft and review compliance documents like AML and KYC policies to ensure full regulatory accuracy and smooth approvals.
  • Local Support: With a strong local partner network, we help you register companies, hire compliance officers, open bank accounts, and solve logistical issues — all in one place.
  • Language & Cultural Support: We remove the language barrier, handle Spanish translations, and offer localization support so every communication is smooth and effective.
  • Risk Management: Our compliance professionals from Mainland China, Hong Kong, Singapore, Malaysia, and beyond bring deep financial knowledge and have completed over 70 global license applications — minimizing your risk of rejection or delays from regulatory misunderstandings.

Choosing an onshore license paves the way for the future. Choosing expert support secures the now.

Are you ready for this challenge?

Contact Cryptolicence today and get your onshore license with ease!

El Salvador Revokes Bitcoin’s Legal Tender Status! Are DASP and BFP Licenses Still Appealing?

El Salvador Revokes Bitcoin’s Legal Tender Status

El Salvador Revokes Bitcoin’s Legal Tender Status! Are DASP and BFP Licenses Still Appealing?

El Salvador, once a trailblazer unafraid to break conventions, became the first country in 2021 to adopt Bitcoin as legal tender. However, under strong pressure from the International Monetary Fund (IMF)—tied to a US$1.4 billion loan—this bold “cryptocurrency experiment” was put on hold. On 29 January 2025, El Salvador officially revoked Bitcoin’s legal status. At first glance, this might appear to be a “step backward,” sparking questions: Will El Salvador’s meticulously built crypto ecosystem collapse? Can it still hold its ground in the global crypto wave? Let’s delve into the logic behind this change and glimpse the boundless potential that lies ahead.

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Why was El Salvador once dubbed the “Bitcoin Nation”?

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Although El Salvador is one of the smallest countries in Central America, under President Nayib Bukele’s leadership it ignited a cryptocurrency revolution. Besides the audacious move of designating Bitcoin as legal tender, El Salvador also introduced a series of initiatives to create a crypto-friendly ecosystem:

  • Established the National Bitcoin Office (ONBTC): Tasked with overseeing all crypto-related projects.
  • Developed the Chivo wallet: Rolled out 200 ATMs nationwide supporting Bitcoin exchanges, making it easy for anyone to join the crypto economy.
  • Daily Bitcoin purchases: So far, the country has amassed 6,119.18 BTC in reserves. Bukele famously declared in 2022, “We will buy one Bitcoin every day until we can no longer afford it!”
  • Volcano-powered Bitcoin mining: Leveraging geothermal energy from state-owned power plants with 300 mining rigs. So far, around 473.5 BTC have been successfully mined.
  • Proposed issuing US$1 billion in ‘Volcano Bonds’ to fund a visionary “Bitcoin City.”
  • Launched an ‘Investment for Citizenship’ program: By investing US$1 million in Bitcoin or USDT, one can obtain El Salvadoran residency or citizenship.

From establishing dedicated agencies and building out infrastructure, to stockpiling BTC, mining with volcano power, issuing bonds to fill the national coffers, and offering innovative investment programs to attract the world’s attention—El Salvador has effectively joined the ranks of a new-era financial hub.

Is El Salvador Still a Bitcoin Oasis?

Even though El Salvador’s crypto policies have been controversial—and it recently revoked Bitcoin’s legal tender status—its carefully crafted crypto ecosystem has not disappeared. Quite the opposite: these endeavours have established El Salvador’s extraordinary reputation, with “Bitcoin” becoming its hallmark and drawing global investors’ gaze.

On January 13 this year, stablecoin giant Tether made a major announcement: after securing its Digital Asset Service Provider (DASP) license, the company would move its headquarters to El Salvador. Why here? Tether cited the country’s forward-looking policies, favourable regulatory environment, and a growing Bitcoin community—making El Salvador an ideal destination for companies leading the digital finance revolution. By embracing blockchain technology and digital currencies, El Salvador is cultivating an ecosystem that fosters innovation and welcomes investment. Not only is it quietly reshaping the future of finance, it’s also solidifying its position as a key global fintech player.

And Tether is not the only one. Bitcoin mining pool OCEAN has long since relocated its global headquarters to El Salvador, extolling its enormous potential as a hub for Bitcoin business innovation.

Bitcoin transactions in El Salvador also remain brisk. Whether local or foreign consumers—at shopping malls, hotels, roadside stalls, McDonald’s, Walmart, or even gas stations—daily trading volumes often exceed thousands of transactions.

Cathie Wood, founder of ARK Invest (nicknamed “the Wood Woman”), has praised President Bukele for using Bitcoin and AI to advance economic and educational reforms, predicting that in his current five-year term, El Salvador’s GDP may expand tenfold. Silicon Valley venture capital pioneer Tim Draper, founder of Draper Associates, has also lauded El Salvador’s embrace of Bitcoin, saying the country could become one of the world’s most affluent and innovative nations in 30 or 40 years.

Moreover, since the European Union’s MiCA regulations took effect, El Salvador’s crypto-friendly environment has become highly attractive to Virtual Asset Service Providers (VASPs). Far from being just a Bitcoin testing ground, El Salvador is rapidly evolving into a true “oasis” for the future of crypto.

Can an El Salvadoran License Save You Big Money?

For crypto businesses looking to expand, El Salvador is not just “crypto-friendly” in name; it also boasts substantial, concrete advantages.

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  • Affordable license application costs: The minimum share capital requirement can be as low as US$2,000—yes, you read that correctly! This “low-pressure” entry stands in stark contrast to markets where thresholds can run into tens of thousands of dollars, making El Salvador a potential paradise for small and medium-sized businesses.
  • Tax exemptions for crypto companies: By registering with the Registry of Digital Asset Service Providers (RPSAD), you can enjoy a “zero tax” policy tailored to crypto businesses:
    • Full exemption from corporate income tax: Ordinary companies face a 30% rate, but crypto firms pay none—profits are all yours!
    • No tax on digital asset gains: Whether from buying, selling, transferring, or holding digital assets, both capital gains and regular income are untaxed.
    • Exemption from goods and services tax: Digital asset transactions are exempt from taxes on the transfer of goods and services. Issuers, certifiers, and service providers also enjoy “zero” tax burdens.
    • Waiver of withholding taxes: RPSAD-registered companies are not required to withhold tax on transactions, freeing up cash flow.

El Salvador’s BSP vs. DASP Licenses: Which One Suits You?

El Salvador offers two types of licenses—Bitcoin Service Provider (BSP) and Digital Asset Service Provider (DASP). Think of BSP and DASP licenses as two different “players” in the field. Here’s a quick comparison:

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1. Service Scope: Specialized vs. Diverse

  • BSP License: Geared exclusively toward Bitcoin-based services. It allows you to provide Bitcoin-fiat exchange, payment processing, and custody—ideal for companies focused solely on Bitcoin.
  • DASP License: Offers a broader range of services. Beyond Bitcoin, it covers Ethereum, Litecoin, and more, including trading, custody, derivatives, and even stablecoin issuance. Perfect for companies aiming to be a “jack of all trades.”

2. Regulating Body: Central Bank vs. Specialized Committee

  • BSP License: Regulated by the Central Reserve Bank (BCR), with an approval process focused on stability in the Bitcoin ecosystem.
  • DASP License: Overseen by the National Digital Assets Commission (CNAD), covering a wider scope and emphasizing the compliant development of the entire digital asset market.

3. Use Cases: Niche vs. Comprehensive

  • BSP License: Reflects El Salvador’s “Bitcoin Nation” identity, suitable for those exploring opportunities in Bitcoin payments or remittances.
  • DASP License: Better for businesses with more ambitious, diversified offerings—exchanges, wallet services, or projects looking to launch new tokens can tap into altcoin or broader blockchain trends.

4. Application Process: Streamlined vs. Flexible

  • BSP License: Takes about 5.5 months, with a more streamlined procedure—ideal for businesses wanting a faster launch.
  • DASP License: Requires about 6 months due to the broader business scope and stricter compliance obligations. It’s more complex but also offers greater flexibility and utility.

Apply for an El Salvadoran License with Cryptolicence!

Whether you opt for a BSP or DASP license, El Salvador welcomes you with open arms. This land of volcanoes and Bitcoin brims with untapped potential, waiting to be discovered!

Securing the right license is the critical first step toward success. From deciding between BSP or DASP licenses, accurately calculating application costs and timelines, assembling a compliant team, and registering an SRL company, to drafting and revising applications, submitting documents, and preparing for interviews—navigating these interconnected steps can be daunting. That’s where a professional compliance team becomes indispensable.

Cryptolicence is your most trusted partner! We offer complete end-to-end support, from project management to help you plan out a clear application roadmap, to thorough document preparation ensuring seamless compliance. We also provide concise coaching so you can approach the approval process with confidence, plus customized add-on services to meet your unique needs. Let us take the hassle out of every step!

Get in touch with Cryptolicence now to bid farewell to complicated procedures, easily secure your license, and leverage El Salvador’s licensing advantages to carve out a share of the burgeoning crypto market!

MiCA General Act Guide

mica general

The European Union’s Market in Crypto Assets (MiCA) Regulations is the world’s first comprehensive legal framework for the issuance and trading of crypto-assets. The regulatory milestone aims to make the crypto industry in the Eurozone a transparent and secure environment for investors and consumers. MiCA Regulations apply to crypto asset issuers and service providers.

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Czech Republic VASP Registration

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Unlock the potential of Europe’s expanding crypto market with a Czech Republic crypto license. Whether you’re eyeing crypto opportunities in Prague or the wider EU, CryptoLicence offers comprehensive support to help you obtain a license efficiently. We ensure a smooth process from start to finish, allowing you to focus on business growth.

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Poland Crypto Licence & VASP Registration

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NOTICE

Due to the ongoing regulatory uncertainty within the EU resulting from the MiCA implementation, we are no longer providing EU licensing services until further notice. If you require licensing solutions, we recommend considering alternative jurisdictions such as Switzerland SRO, Dubai VARA, or the El Salvador Crypto License.

This notice, dated 7 March 2025, is provided solely for general guidance and does not constitute legal, financial, or regulatory advice.

Poland Crypto Licence & VASP Registration

Your Fast Track to the European Crypto Market

Tired of complicated regulations and slow licensing processes elsewhere? Our Poland crypto licensing service offers a refreshingly streamlined registration process for Virtual Asset Service Providers (VASPs), making it an ideal choice for those seeking a crypto license in Poland. With simplified Poland cryptocurrency regulation, entrepreneurs can swiftly access the vast European market.

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Get Your Poland Cryptocurrency License with Our Expert Support

  • Your External Compliance Team: We’ll navigate GIFI regulations, craft a strong application, and manage the submission for a seamless experience.
  • Comprehensive Support: We offer a one-stop service for Polish VASP registration, including legal consultation, document review, AML/KYC policy development, external audit arrangements, and more. We streamline the process to save you time and effort.
  • Direct Application Expertise: We recommend this simple, fast route (around 6 weeks). We can explore acquisition options if you require a pre-existing bank account.

Ready to launch your Polish VASP? Let’s partner up! Contact us today.

What Activities Are Permitted After Obtaining a Crypto Licence in Poland?

1. Crypto-to-Fiat Exchange

Once you are licensed, your clients will be able to swap one type of cryptocurrencies like Bitcoin or Ethereum to conventional national currencies like dollars or euros.

2. Fiat-to-Crypto Exchange

Your clients will be able to use their conventional national currencies to purchase cryptocurrencies.

3. Crypto-to-Crypto Exchange

With this service, your clients can convert one cryptocurrency into another. For example, they can trade Bitcoin for Ethereum.

4. Virtual Currencies Transfer

This service enables your clients to use virtual currencies as a means of payment or value transfer. You can operate in a closed system, where only assets bought within your platform can be transferred; or in an open system that allows your clients transfer assets acquired elsewhere.

5. Intermediary Services

If your business involves providing platforms for the exchange, trade, or transfer of virtual assets without owning them directly, you’ll fall into this category. As a licensed intermediary, you’ll facilitate financial transactions for your clients, acting as the bridge without getting directly involved in the asset ownership.

6. Custodian Wallet Services

With a licence, you can store your clients’ virtual assets securely in an electronic storage system. You’ll hold the private key while your clients manage their assets with the public key. 

Why Poland? Advantages of Polish VASP Registration

  • Expand Your Reach: Offer a broad range of services, including crypto-to-fiat exchanges and virtual wallets, to customers across Europe.
  • Streamlined, Remote-Friendly Process: Poland has one of the most straightforward VASP registration procedures globally. You can seamlessly acquire a company and register for crypto licensing remotely, enhancing efficiency and convenience.
  • Cost-effective: Skip the need for authorised capital deposits. Take advantage of affordable licensing fees and a low minimum share capital requirement of just PLN 5,000.
  • Build Credibility: Operate as a regulated entity to gain trust, attract customers, and secure the interest of investors.
  • Enhance Business Value: Your Polish VASP registration can increase your business value, paving the way for new partnerships or funding opportunities.
  • Easy to Maintain: Relatively low regulatory requirements for maintaining your licence post-approval, with the option to manage your operations without a physical presence in Poland.

Who Regulates Crypto in Poland?

In 2024, a new regulatory framework will be introduced as part of the integration of the EU Crypto Asset Regulation Act (MiCA). A bill giving the Polish Financial Supervision Authority (KNF) more powers to regulate cryptocurrencies will be considered in the second quarter of the year.

The KNF now licences virtual asset service providers (VASPs) and will continue to do so, but with additional powers similar to those held by BaFin in Germany and the FCA in the UK. The new bill will allow the KNF to supervise cryptocurrencies, take action against non-compliant VASPs, impose fines, and take violators to court.

Key Polish VASP Registration Requirements

  • Company: Establish a Polish limited liability company (Sp z oo) with a minimum share capital of PLN 5,000.
  • Address: Secure a Polish office address (virtual offices are permitted).
  • AML/KYC: Establish clear rules for risk management and implement AML and KYC policies.
  • Management: Appoint a qualified director and an AML officer (can be the same person; no nationality restrictions).
  • Business Plan: Submit a simple business description outlining your VASP activities. This is less extensive than the detailed business plans required in most of the other jurisdictions.
  • Technology: Implement a KYC solution (outsourcing is allowed).

The VASP Application Journey in Poland

In a nutshell, you provide some basic information, and we’ll secure your Polish VASP registration. Here’s a general timeline:

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Step 1: Information Gathering

3 days - 3 weeks, depending on complexity
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Step 2: Tax Identification Number (PESEL) Application

Around 2 weeks
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Step 3: Company Incorporation

Approximately 1 week
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Step 4: Documentation & Preparation

Approximately 1 week
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Step 5: VASP Application & Approval

Around 2 week

Need more details? Here's the breakdown:

  • Evaluation: We’ll assess your business plan, advise on structure, and outline requirements, costs, and timelines.
  • Fit & Proper: We ensure your team is qualified and ready for GIFI compliance.
  • Documentation: You give us the essentials; we handle translations and create your full application, including AML policies.
  • Company Formation: We’ll get your tax identification numbers (PESEL) and incorporate your Sp z oo.
  • Submission & Approval: We submit your application and manage all the back-and-forth with GIFI.
  • Post-Approval Support: Audit, reporting, virtual office? We’ve got you covered. We provide ongoing compliance support and assistance with maintaining your VASP registration.
  • Banking & Payments: We understand the challenges of securing banking for VASPs. We’ll guide you to crypto-friendly banks and EMIs, and help you set up the necessary infrastructure, including card issuing options.

Costs and Timeline

  • Costs: Expect application fees, company registration, AML/KYC solutions, and professional support like translations. Contact us for a clear breakdown.
  • Timeline: Based on our experience, the process can take 4-6 weeks for individuals or 8 weeks for companies. We’ll streamline the process, aiming for the fastest possible outcome while keeping you updated. Our experience with GIFI helps minimise delays.

Guaranteed VASP Approval!

Provide us with the basics, and we’ll secure your Polish VASP registration – guaranteed. Contact us today to discuss your VASP licensing needs.

Taxation for Crypto Companies and Transactions in Poland

Poland provides a favorable tax environment for crypto companies. Virtual assets are not classified as currency or payment instruments; instead, profits are taxed as personal income or business profits, depending on the activity.

Key Tax Rates

  • Corporate Income Tax (CIT): 19% 
  • Capital Gains Tax (WCL): 19% 
  • VAT: 23% (basic rate) 
  • Social Security: 19.48%–22.14% of gross salary 
  • Health Insurance: 9% 
  • Crypto Transaction Rules 
  • Fiat Conversions: Income from crypto-to-fiat exchanges is considered capital income. 
  • Crypto-to-Crypto Exchanges: Not treated as income; related expenses aren’t deductible. 
  • VAT Exemption: Crypto-to-fiat exchange services are VAT-exempt.

New amendments to the Corporate Income Tax Act in 2024 offer additional benefits:

  • Capital Gains Exemption: Companies with <5% ownership in another or in special zones may benefit. 
  • Increased Reporting Thresholds: For transactions with tax haven entities—PLN 2.5M for financial and PLN 500K for non-financial transactions.
Poland’s alignment with OECD standards supports tax transparency and consistency for crypto businesses, creating a clear path for regulatory compliance.
 

FAQs: Polish VASP Registration

1. Are cryptocurrency activities legal in Poland?

Yes, cryptocurrency activities are legal in Poland. Companies must adhere to regulatory obligations, including registering with the Polish Financial Supervision Authority (KNF) and implementing anti-money laundering (AML) protocols. With the upcoming integration of the Crypto Asset Regulation Act (MiCA) across the European Union, more stringent requirements for crypto companies will soon be enforced.

2.Does my team need to be based in Poland to obtain a VASP registration?

No, your director and MLRO doesn't have to be based in Poland, though you’ll need a Polish company (Sp z oo) and a local office address. We can help with these.

3. Are there different crypto licence types in Poland?

No, Poland offers a single VASP registration, covering activities like crypto-fiat exchange, crypto-crypto exchange, and virtual wallet services.

4. What types of commercial activities can be conducted under the obtained crypto licence in Poland?

With a crypto licence in Poland, you are able to conduct activities like: 

(i) exchanging virtual currencies for fiat currencies, 

(ii) exchanging between different virtual currencies, 

(iii) intermediation of exchanges as mentioned in the first two categories, and 

(iv) maintaining electronic identification data accounts (wallets) that allow authorised individuals to use virtual currency units, including conducting exchange transactions.

5. How are crypto businesses taxed in Poland?

Crypto revenue is typically considered capital gains. Corporate business profits are taxed at 19% (or 9% for smaller entities).

6. How long does the application process take?

Expect around 4-6 weeks, but delays can occur due to incomplete submissions or information requests from GIFI. We'll build a strong application and communicate effectively to minimise potential setbacks.

7. Can I operate while my application is pending?

No, you must wait for official VASP registration. Operating as a VASP in Poland without official registration is illegal. Operating a cryptocurrency exchange or custody business in Poland without proper registration as a VASP in the local registry can result in a fine of up to PLN 100,000.

8. What are the ongoing compliance requirements?

Expect regular AML/KYC, reporting, and audits. We offer ongoing compliance support to keep you on track.

9. What are the ongoing compliance costs?

These include AML/CFT monitoring, potential audits, and reporting. We can provide estimates.

10. What technology do I need?

Systems for customer onboarding, transaction monitoring, KYC/AML, and data security. We can advise on suitable solutions or connect you with trusted technology providers.

11. Can I outsource my AML/KYC?

Yes, we can connect you with reliable compliance specialists and assess suitable providers specialising in crypto compliance to streamline your operations.

12. Why choose your company?

We have a proven track record and a client-focused, streamlined project management approach for licensing applications. We're experts in navigating global regulations and possess in-depth knowledge of Polish VASP regulations. We aim to be your long-term partner for compliance in Poland and potential expansion across Europe.

13. Can you handle the entire application process?

Yes! From company formation to application submission and communication with GIFI, we'll guide you every step of the way.

Disclaimer

This content is applicable until 31 December 2024 (before MiCA came into effect). After the implementation of MiCA, please refer to Poland CASP registration for updated information and requirements.

What is the impact of MiCA on USDT

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What is the impact of MiCA on USDT

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Understanding MiCA

The EU’s introduction of the Markets in Crypto-Assets (MiCA) regulation has raised important questions about the future of Tether’s USDT in Europe. As industry observers and market participants closely monitor these developments, EU-based businesses can approach the situation with measured confidence by thoroughly understanding their options and the evolving regulatory terrain.

MiCA, shorthand for the EU’s Markets in Crypto-Assets regulation, represents a significant overhaul of the European cryptocurrency framework. Its primary goal is to harmonize digital asset regulation across member states, balancing innovative Web3 advancements with the need for strong consumer protection, market integrity, and financial stability. By setting clear rules and licensing requirements, MiCA establishes a unified system that governs a broad spectrum of crypto assets—covering securities, e-money, and more—and applies to crypto-asset service providers (CASPs) operating within the European Economic Area (EEA).

Stablecoins under MiCA

For stablecoin issuers targeting the EEA market, MiCA introduces strict compliance standards. The regulation classifies crypto assets into three main categories:

  1. Electronic or E-money Tokens (EMTs): These are digital tokens intended primarily for use as a payment method, designed to maintain a stable value by being backed by a reserve that mirrors a fiat currency. Under MiCA, any e-money token that preserves the value of a Union fiat currency is considered electronic money as defined by the E-money Directive. 
  2. Asset-Referenced Tokens (ARTs): Unlike EMTs, ARTs aim to stabilize value by referencing one or more assets, rights, or a combination of both. These tokens are not categorized as e-money because they tie their value to a basket of assets or other underlying commodities rather than a single fiat currency.
  3. Other Crypto Asset Tokens: This category serves as a catch-all for crypto assets that do not fit into the EMT or ART definitions. Governed by Title II of MiCA, this group includes tokens such as utility tokens, which do not qualify as financial instruments under the Markets in Financial Instruments Directive (MiFID II).

MiCA’s Requirements for Stablecoins Issuers

Based on MiCA’s categorization, the regulation primarily targets electronic money tokens and asset-referenced tokens. Below is MiCA’s regulatory requirements for Stablecoins:

  1. Permitted issuers/ authorisation: The issuance of e-money tokens is only permitted for EU credit institutions and for electronic money institutions (authorised under the E-money Directive). This means that issuers generally require an Electronic Money Institution (EMI) license issued by an EU member state’s competent authority.
  2. White paper disclosure: Issuers must prepare and publish a detailed white paper describing the token’s features, governance, risk factors, and other essential information. This document must be submitted to the competent authority at least 20 working days before publication, providing transparency and enabling regulatory oversight.
  3. Significance Criteria: MiCA introduces additional safeguards for “significant” issuers, characterized by criteria such as a high number of holders, substantial market capitalization, large daily transaction volumes, and deep integration with the financial system. Significant e-money token issuers face higher prudential, governance, and liquidity requirements, including the need for more robust recovery and redemption plans (see Regulation of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets).
  4. Reserve Requirements: MiCA requires that small stablecoins issuers keep 30% of their reserves in a low-risk commercial bank within the EU, while bigger players like Tether must keep 60% or more in banks (see Regulation of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets).
  5. Governance Standards: Issuers need robust internal governance procedures, risk management frameworks, and detailed anti-money laundering (AML) and know-your-customer (KYC) policies compliant with EU financial regulations.

Why USDT Is Not (Yet) MiCA-Compliant

Reserve Requirements:

One of the main challenges for Tether in meeting the MiCA regulations is the reserve requirements. MiCA outlines different reserve thresholds based on the size of the stablecoin issuer. 

Smaller stablecoin issuers must hold 30% of their reserves in low-risk EU-based banks, while larger issuers must allocate 60% or more of their reserves to banks within the EU (see Regulation of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets).

For Tether, which has a market capitalization ranging between $130 billion and $140 billion, this requirement could be economically impractical. Managing such a significant portion of reserves within EU banks adds operational complexity and might disrupt Tether’s global business model.

However, Tether’s large scale and profitability may cushion it from immediate financial impacts, even if the company exits or restructures its operations in the EU. With projected earnings of $10 billion for the year and substantial cash reserves, Tether could likely handle short-term challenges. The real question remains whether Tether will adapt its structure to comply with MiCA or decide to withdraw from the EU market altogether.

Lack of an EU Electronic Money (E-Money) License:

MiCA also requires stablecoin issuers operating in the EU to secure the appropriate licenses, such as an Electronic Money Institution (EMI) license, to issue electronic money or asset-referenced tokens.

As of now, Tether has not announced or demonstrated that it holds such a license in any EU jurisdiction. Without obtaining this approval, Tether could be considered non-compliant once MiCA’s transitional period ends, posing a significant obstacle to its operations within the EU.

Coinbase Delisting USDT in Europe

A significant indicator of USDT’s precarious standing in Europe came when Coinbase delisted Tether for EU customers. The exchange cited evolving regulatory requirements and a desire to remain fully compliant. Coinbase’s decision ignited a heated debate:

  • Proponents praised the move for minimizing legal risks and ensuring user protection.
  • Critics argue that Coinbase acted prematurely, pointing out that no European supervisory body has explicitly declared Tether non-compliant.

Nonetheless, Coinbase’s decision underscores the growing pressure on exchanges to proactively manage regulatory exposure. Meanwhile, the European Securities and Markets Authority (ESMA) has not definitively ruled USDT out of compliance, leaving the situation in a legal gray area.

Other Players Remain in the Market

Not all exchanges have followed Coinbase’s lead. Giants like Binance and Crypto.com have, so far, continued offering USDT pairs in European jurisdictions, opting to wait for more explicit guidance from regulators. These platforms have indicated they will observe MiCA enforcement closely before making any major decisions about delisting or altering their stablecoin offerings.

Additionally, multiple European-based stablecoins and newer entrants—sometimes launched by regulated institutions—are working to position themselves as compliant alternatives. This includes stablecoins backed by Euro reserves and stablecoins seeking e-money licenses in multiple EU countries.

Impact on USDT – Market Drop and Ongoing Risks

Recent CoinGecko data shows that USDT’s global market cap dipped from over $141 billion on December 19 to just above $138 billion in a span of about ten days, coinciding with MiCA’s effective date and growing regulatory chatter. While macro factors could also be in play, many analysts see heightened regulation in the EU as a contributing factor to Tether’s recent dip.

Potential Outcomes for USDT

  • EU Market Exit: If Tether fails to comply, it may be forced to exit the EU. Although some experts argue USDT’s global footprint might insulate it financially, a formal ban could severely disrupt liquidity on European exchanges, increasing transaction costs and decreasing trading volumes for Tether pairs.
  • Reserve Restructuring: To maintain access to the EU market, Tether may attempt to meet MiCA’s reserve and disclosure mandates, potentially incurring significant costs and restructuring its banking relationships.
  • Short-Term Volatility: European traders heavily rely on USDT for liquidity. If USDT pairs get pulled en masse, traders could face temporary price dislocations and higher slippage in and out of euro-denominated pairs.

The Rise of USDC as a Compliant Alternative

As USDT’s future in Europe wavers, Circle’s USD Coin (USDC) appears primed to capitalize. USDC is known for its transparent reserves and frequent audits by top accounting firms, and Circle has actively engaged with regulators worldwide—gaining an e-money license in France, for instance.

  • Regulatory Stamp of Approval: USDC’s track record of compliance and its existing license structure make it more likely to fulfill MiCA’s stablecoin requirements, encouraging exchanges to keep or even expand their USDC listings.

Market Shift: If USDT’s liquidity diminishes, USDC could capture the lion’s share of stablecoin trading pairs within the EU. This transition, while possibly uneven, would reflect traders’ preference for a stablecoin that is visibly backed and regulator-friendly.

“Wait and See” Approach

At this stage, there’s no need for immediate concern regarding USDT’s position in the EU. Many major players in the crypto space continue trading USDT pairs, adopting a cautious “wait and see” approach. These companies are waiting for clearer guidance from MiCA before making significant changes.

For now, you can continue your business operations involving USDT. Monitor developments closely and be prepared to adapt once MiCA provides more definitive regulations. This period of regulatory uncertainty is also a time for the industry to adjust and prepare for potential compliance requirements.

Long-Term Outlook

  • Consolidation and Compliance: MiCA may drive smaller and less regulated stablecoin issuers out of the EU, leading to a narrower field of well-funded, compliant players like Circle (USDC).
  • Innovation and Expansion: Even as MiCA imposes higher costs, it could also foster innovation by prompting incumbents to refine their offerings (e.g., fully transparent on-chain proofs of reserves).
  • Geographical Shifts: Some companies may relocate to crypto-friendly European jurisdictions or near-EU territories (such as the UK and Switzerland) if the regulatory burden in certain EU countries is too high.

Conclusion

The emergence of MiCA represents a watershed moment for the EU’s crypto industry. While Tether’s USDT maintains a commanding global presence, its future in the European single market hinges on meeting MiCA’s robust liquidity and disclosure mandates. Coinbase’s preemptive delisting of USDT highlights the urgency for stablecoin issuers to address these new standards—or risk losing market share.

Meanwhile, Circle’s USDC is among the most likely beneficiaries of this regulatory shift, given its established compliance credentials. Whether USDT can adapt or cede ground to competitors remains an open question, one that underscores MiCA’s role in reshaping Europe’s stablecoin landscape for years to come. The push toward more transparent, resilient stablecoins may ultimately strengthen the market—though it is almost certain to bring near-term volatility and force tough decisions for issuers and exchanges alike.