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Crypto Law: MiCA, Tax and AML

Crypto Law: MiCA, Tax and AML in practice

A crypto project in Slovakia is not governed by a single statute but by a cluster of rules. Regulation (EU) 2023/1114, known as MiCA, covers licensing and public token offers. Slovak Act No. 248/2024 Coll. makes the National Bank of Slovakia the licensing and supervisory authority. Income tax law, DAC8 reporting, anti-money laundering rules and accounting law each add their own obligations. This page is a signpost to help you see which of them apply to you.

Every project starts with working out what kind of crypto-asset is involved and which services you intend to provide. That decides whether a white paper is enough or you need authorisation from the National Bank, and which tax and AML duties follow. We are a law firm, not accountants or registered tax advisers, so bookkeeping and tax returns are handled together with partners from those professions. We represent clients in inspections by the National Bank, the tax authority and the Financial Intelligence Unit.

What we help with

  • Regulatory classification of a token: EMT, ART, other crypto-asset or security
  • Applications to the National Bank of Slovakia for crypto-asset service provider (CASP) authorisation
  • White papers for public token offers
  • AML policies, KYC procedures and the Travel Rule
  • Legal analysis of crypto taxation and DAC8 obligations
  • Representation before the National Bank, the tax authority and the Financial Intelligence Unit

Worth knowing

Three categories of crypto-assets

MiCA distinguishes e-money tokens (EMT), asset-referenced tokens (ART) and other crypto-assets. The category decides whether the issuer needs authorisation or whether a white paper is sufficient for a public offer.

When MiCA started to apply

MiCA has applied to EMTs and ARTs since 30 June 2024, and to other crypto-assets and service providers since 30 December 2024.

Tax and DAC8

Under Slovak law, an individual's income from selling a crypto-asset is other income under Section 8(1)(t) of Act No. 595/2003 Coll., and Section 25b sets the acquisition price. Since 1 January 2026 crypto-asset service providers report users' transactions to the Slovak Financial Directorate under Act No. 359/2015 Coll.

AML obligations

Crypto-asset service providers are obliged entities under Slovak Act No. 297/2008 Coll. They must identify clients and beneficial owners, monitor transactions and report unusual transactions.

Common questions

  • Mainly when you plan a public token offer, provide crypto-asset services to others, tokenise a real-world asset or are an obliged entity under AML law. A private individual who is not in business usually only needs to deal with the tax return under Section 8(1)(t) of the Slovak Income Tax Act.
  • MiCA generally excludes crypto-assets that are unique and not fungible (Article 2(3) and Recital 10). If an NFT is issued as a large series of interchangeable items or works like a security, MiCA or securities law applies.
  • An EMT keeps a stable value against one official currency and may only be issued by a bank or an e-money institution. An ART refers to a basket of currencies, commodities or other assets and needs a separate issuer authorisation. For other crypto-assets, a white paper under Articles 6 to 11 of MiCA is enough for a public offer.
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This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.