{"id":7060,"date":"2025-01-30T14:19:12","date_gmt":"2025-01-30T13:19:12","guid":{"rendered":"https:\/\/geneve-avocat.net\/crypto-currency-lawyer\/"},"modified":"2025-05-13T11:45:28","modified_gmt":"2025-05-13T10:45:28","slug":"crypto-currency-lawyer","status":"publish","type":"page","link":"https:\/\/geneve-avocat.net\/en\/crypto-currency-lawyer\/","title":{"rendered":"Crypto-currency lawyer"},"content":{"rendered":"\t\t
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Crypto-currency lawyer<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Crypto-currency lawyer in Switzerland<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Switzerland has positioned itself as a major player in the crypto-currency ecosystem, attracting many entrepreneurs and investors in the sector. This has created a growing need for specialist legal expertise to navigate the legal and tax complexities associated with digital assets. Crypto-currency lawyers in Switzerland <\/b>play a crucial role in helping individuals and businesses understand and comply with the ever-changing regulations, while optimizing their tax position and protecting their interests in this innovative but sometimes uncertain field. <\/p>\n

Legal framework for crypto-currencies in Switzerland<\/h2>\n

Switzerland has adopted a relatively open and favorable approach to crypto-currencies, while taking care to maintain the integrity of its financial system. The Swiss legal framework for crypto-currencies rests on several pillars: <\/p>\n

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  • FINMA<\/strong> (Swiss Financial Market Supervisory Authority) plays a central role in regulating crypto-currency activities.<\/li>\n
  • The Law on Financial Services (LSFin) and the Law on Financial Institutions (LEFin) regulate certain activities related to crypto-assets.<\/li>\n
  • The Anti-Money Laundering Act (AMLA) applies to crypto-currency service providers.<\/li>\n<\/ul>\n

    Token classification<\/h3>\n

    FINMA has classified tokens into three categories:<\/p>\n

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    • Payment tokens<\/strong>: used as means of payment<\/li>\n
    • Utility tokens<\/strong>: giving access to an application or service<\/li>\n
    • Investment tokens<\/strong>: representing assets such as stakes in companies<\/li>\n<\/ul>\n

      This classification determines the regulatory framework applicable to each type of token. Specialized lawyers help their clients determine the category of their tokens and comply with the corresponding legal requirements. <\/p>\n

      Licenses and authorizations<\/h3>\n

      Depending on the crypto-currency business, different licenses or authorizations may be required:<\/p>\n

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      • Banking license for certain crypto-asset storage activities<\/li>\n
      • Securities trader’s license for trading certain tokens<\/li>\n
      • Membership of a self-regulatory organization (SRO) for cryptocurrency exchange services<\/li>\n<\/ul>\n

        Crypto-currency lawyers<\/b> support their clients in obtaining these authorizations, helping them to prepare files and engage in dialogue with the relevant authorities.<\/p>\n

        Taxation of crypto-currencies in Switzerland<\/h2>\n

        The taxation of crypto-currencies in Switzerland is a complex area that requires specialist expertise. The general principles are as follows: <\/p>\n

        Income tax<\/h3>\n

        Gains made on crypto-currencies may be subject to income tax in certain cases:<\/p>\n

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        • For private individuals<\/strong>, capital gains from private asset management are generally tax-exempt.<\/li>\n
        • Gains from professional trading activities are considered taxable income.<\/li>\n
        • Crypto-currency mining<\/strong> is generally considered to be a self-employed profit-making activity, subject to income tax.<\/li>\n<\/ul>\n

          Specialized lawyers help their clients determine whether their activity falls within the scope of private wealth management or a professional activity, which has significant tax implications.<\/p>\n

          Wealth tax<\/h3>\n

          Crypto-currencies are considered taxable assets for wealth tax purposes:<\/p>\n