Over the past decade, France has established itself as the ideal base for the world’s largest crypto companies. Binance, Crypto.com and stablecoin publisher Circle have all made Paris their European headquarters. But in the wake of the French elections, coupled with increasing competition from Europe, France’s position as a crypto hub is no longer as secure as it used to be.
Why France has been an attractive option for crypto companies
France has maintained relatively favorable tax rates, has a wealth of talent from across Europe, and is cultivating a strong sense of innovation in Web3. But most importantly, France has quickly adopted a clear set of rules for the crypto sector, making it an attractive place for companies to establish themselves compared to other jurisdictions, both in Europe and around the world. Even before the advent of the European Markets in Crypto Assets Regulation (MiCA), which provides a clear set of rules for the crypto sector, France already had MiCA-like regulations. This made it an easy place for crypto companies to do business and then be MiCA compliant.
In contrast, other large jurisdictions, such as the United States and the United Kingdom, had relatively unclear regulations. The United States takes a ‘regulation by enforcement’ approach, where rules are often created on a whim, rather than being written into clear legislation. Unclear regulations mean companies are unable to make robust, long-term strategic decisions.
How the elections threw a spanner in the works
The French elections saw a surge in support for the New Popular Front (NFP) coalition, which has since proposed some changes to the way crypto is taxed in France, as part of their broader wealth tax overhauls country.
Capital gains on the sale of crypto assets would be subject to expanded taxes under an NPF government, which promised to add more tax brackets. The rates are currently between 0% and 45%, but the NFP proposes to add progressivity by creating additional brackets, where rates could go up to 90%. In addition, the NPF also proposes to include cryptocurrencies in a potential wealth tax, with the rate increasing depending on the value of the assets. But what is potentially most radical is the inclusion of an exit tax for crypto. This could result in people having to pay taxes on the unrealized gains from their crypto if they choose to leave the country.
It is, of course, the essential right of a country to determine which taxes are most appropriate to guarantee the highest quality of life for its citizens. However, the commercial reality is that if these new tax proposals are passed into law, crypto companies would likely consider jurisdictions other than France.
Does this really matter?
Despite the NPF’s popularity, they have not achieved a majority in parliament, meaning bills cannot be decisively passed. This is not helped by reported infighting within the party on numerous issues.
Due to the lack of political leadership in the French parliament, there is no immediate concern about the impact of the aforementioned tax proposals on the crypto industry. Although taxes can potentially be offset through research and development credits, this entails an additional administrative burden.
However, France’s political incoordination has longer-term consequences. Markets across Europe are implementing the latest MiCA updates into national legislation. While France is currently in the lead, other jurisdictions could become more attractive if infighting delays MiCA implementation.
Looking ahead: what crypto companies really need
If calls for tax increases in the country increase, France may no longer be the best place for crypto companies to establish themselves. That is precisely why some companies have recently left France and moved to tax havens such as the Netherlands or Ireland.
Tax considerations aside, crypto companies want regulatory certainty and clarity, especially one that balances consumer protection with innovation. For now, France seems to have this. But as the gap between left and right widens, this sense of stability is less certain.
Crypto companies, like all other organizations, make their decisions based on multiple factors. Tax rules, regulatory conditions and talent pools are all important considerations to consider. So far, France has excelled in each of these categories. However, if it wants to maintain its position as a leader in the crypto space, it will have to continue to maintain this delicate balancing act.
