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DeFi Education Fund calls on UK FCA to narrow definition of control in crypto regulation

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DeFi Education Fund calls on UK FCA to narrow definition of control in crypto regulation

The DeFi Education Fund (DEF) has urged the U.K.’s Financial Conduct Authority to adopt a narrow, functional definition of “control” as it finalizes new rules for crypto asset activities.

The Washington, D.C.-based advocacy group argued that regulatory obligations should hinge on whether an entity has unilateral authority over user funds or transactions, not merely whether it developed or contributed to a decentralized protocol, in a response to an FCA consultation paper shared exclusively with CoinDesk.

“Control should be the determinative factor” of regulatory scope, DEF said, warning that software developers could otherwise be swept into intermediary-style obligations despite lacking custody or transactional authority.

The submission focuses on an area of the consultation which considers how decentralized finance (DeFi) arrangements should be treated under the U.K.’s emerging crypto regime. DEF supports the FCA’s control-based approach in principle but says it must be tied to concrete operational powers, such as the ability to initiate or block transactions, modify protocol parameters or exclude users.

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DEF is an organization focused on informing policymakers and regulators about the benefits of DeFi and has been one of the prominent lobby groups on the road to crypto regulatory frameworks being established in Washington in recent years.

The group also challenged the FCA’s framing of DeFi-specific risks, arguing that cybersecurity vulnerabilities are not unique to blockchain systems and that public blockchains offer transparency advantages in combating illicit finance.

Applying prudential, reporting and platform access requirements designed for centralized trading platforms to non-custodial, automated protocols would be “ill-suited,” DEF said.

The FCA is seeking to bring a broad range of crypto activities within its regulatory perimeter as the U.K. moves toward a comprehensive digital asset framework.

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Read More: UK regulators start major consultation on crypto listings, DeFi, and staking

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Crypto World

Netherlands Lower Chamber Passes 36% Tax Proposal Before Passing to Senate

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Taxes, Netherlands, Bitcoin Regulation

The Netherlands’ House of Representatives advanced a legislative proposal on Thursday to introduce a 36% capital gains tax on savings and most liquid investments, including cryptocurrencies.

The legislation reached the 75-vote threshold required to advance, with 93 lawmakers voting in favor of it, according to the House tally.

Under the proposal, savings accounts, cryptocurrencies, most equity investments and gains made from interest-bearing financial instruments are subject to the tax, whether or not the assets are sold.

Taxes, Netherlands, Bitcoin Regulation
The vote tally for the 36% capital gains tax bill. Source: Dutch House of Representatives

Critics say the bill will drive capital out of the Netherlands and into jurisdictions with more favorable tax laws, as investors seek a flight to safety from confiscatory taxation.

The Dutch Senate must also pass the bill before it is signed into law, which will take effect in the 2028 tax year, if it is passed, but many investors in the crypto community are already sounding the alarm and predicting capital flight from the country.

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Related: European Commission calls on 12 countries to implement crypto tax rules

Investors say the tax is out of touch and will backfire

“France did this in 1997 and saw a massive exodus of entrepreneurs leaving the country,” Denis Payre, co-founder of logistics company Kiala said.

Crypto market analyst Michaël van de Poppe said the proposal is “the dumbest thing I’ve seen in a long time.”

“The number of people willing to flee the country is going to be bananas,” he added, echoing the calls of other industry analysts and executives.

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An investor starting with 10,000 euros ($11,871) who contributes 1,000 euros per month over 40 years would end up with about 3,320,000 euros by the end of the 40 years, according to Investing Visuals.

However, the new 36% tax reduces the total amount after 40 years to about 1,885,000 euros, a difference of 1,435,000 euros, Investing Visuals said. 

Taxes, Netherlands, Bitcoin Regulation
A comparison of an investment compounded over 40 years without the 36% unrealized gains tax and with the tax. Source: Investing Visuals

Crypto industry and tech executives in the United States voiced similar concerns about California’s proposed wealth tax on billionaires.

The proposal outlined a 5% tax on an individual’s net worth above the $1 billion threshold, igniting a torrent of backlash and tech entrepreneurs announcing that they were leaving the state of California.

Magazine: Best and worst countries for crypto taxes — plus crypto tax tips

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