Japan Poised to Reclassify Crypto and Slash Gains Tax

Japan’s Financial Services Agency has unveiled plans to amend the Financial Instruments and Exchange Act, bringing cryptocurrencies under securities‑style regulation and opening the door to Bitcoin spot ETFs. The proposals also aim to replace the current progressive tax on crypto gains—ranging up to 55 per cent—with a uniform 20 per cent levy.
The agency’s discussion paper, released on 10 April by its digital policy division, outlines regulatory changes including classification of crypto into “Type 1” and “Type 2”, with insider‑trading rules to follow much like those in equity markets.
Behind the latest move is a growing consensus among Japan’s mainstream political and financial circles. The governing Liberal Democratic Party has actively backed the 20 per cent tax proposal, offering parity with capital‑gains treatment on stocks and bonds. It has also pushed to align tax on derivatives and crypto‑to‑crypto swaps accordingly.
Parliament is expected to review legislative amendments in early 2026, with the FSA targeting a policy direction announcement by mid‑2025.
Analysts note the regulatory upgrade could unlock institutional entry. While crypto ETFs have been launched in the US, Europe and Hong Kong, Japanese regulators have remained notably cautious. Under the proposed amendments, crypto-like instruments would qualify as financial instruments, subject to disclosure, custody, and market‑abuse safeguards.
This shift marks a departure from the current regime under the Payment Services Act, where digital assets are categorised alongside payments rather than securities. The FSA’s plan would position crypto within a legal framework better suited to large-scale trading activities.
Tax treatment has been a central barrier. Gains on crypto are now taxed as “miscellaneous” income—reaching rates as high as 55 per cent—while ETFs qualify as capital gains taxed around 20 per cent. The new flat rate would remove current inequities and possibly stimulate market growth.
Participants in the Japanese financial industry, including SBI and Franklin Templeton, are reportedly making strategic preparations. SBI has already collaborated with both US and UK asset managers to launch crypto‑related products, anticipating that regulatory approval will soon follow.
Despite these signals, caution persists. The Ministry of Finance remains cautious, wary of crypto’s volatility and adverse events such as the collapse of Mt. Gox and DMM Wallet, which led to extensive losses. The FSA itself is said to proceed methodically, emphasising investor protection above all.
To ensure granularity, the FSA’s discussion paper recommends dividing tokens into two regulatory categories: Type 1 assets—used in fundraising or business operations—and Type 2 assets, which include decentralised tokens like Bitcoin and Ethereum with no single issuer. This structure supports tailored oversight, including anti‑insider trading provisions.
Industry reactions reflect a mix of anticipation and prudence. Proponents argue that clearer classification and tax certainty would attract both retail and institutional investors. They point to the global momentum behind crypto ETFs and the relative tax efficiency such structures bring. Opponents, however, urge regulators to remain vigilant to market manipulation and developing infrastructure risks.
Global comparisons place Japan near the frontier of regulatory maturity. Countries such as the United States have delayed crypto classification under securities law even as they approved Bitcoin ETFs. The EU’s MiCA and Hong Kong’s licensing framework signal increased global regulatory alignment. Japan’s proposed amendments would signal competitive parity in Asia‑Pacific markets.
As Japan prepares to table the bill in parliament in 2026, attention will centre on implementation details. These include ETF approval timelines, disclosure requirements for exchanges and custodians, and whether the flat‑tax rate will apply retroactively or to future accruals only.