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Is crypto legal in Austria? Rules & regulation (2026)

Crypto is regulated in Austria.

Crypto is fully legal in Austria and now sits inside a comprehensive, in-force EU framework. MiCAR has applied in full since 30 December 2024 and Austria designated the FMA as the sole competent authority via the MiCA-Vollzugsgesetz (20 July 2024); the FMA has already authorised major CASPs (e.g. Bybit EU, KuCoin EU, AMINA Bank) and existing Austrian VASPs must convert to MiCAR licences (transition window ends 1 July 2026, with services ceasing for unlicensed firms after 31 Dec 2025). Crypto income is taxed under a dedicated regime at 27.5% with KESt withholding by Austrian providers, and CARF/DAC8 reporting via the Krypto-MPfG took effect on 1 January 2026.

Last verified Official sources first · MethodologyCompare Austria with other countriesAlso in Deutsch

Legal framework

EU Markets in Crypto-Assets Regulation (MiCAR, Reg. (EU) 2023/1114) implemented nationally by the MiCA-Vollzugsgesetz (MiCA-VG, in force 20 July 2024), supervised by the Austrian Financial Market Authority (FMA); supported by the FM-GwG (AML), the Income Tax Act (EStG §27b) and the Crypto Asset Reporting Act (Krypto-MPfG, in force 1 Jan 2026).

Status by sub-area

  • Stablecoins

    In force

    EU stablecoin rules (MiCAR Titles III & IV) have applied since 30 June 2024; in Austria the FMA authorises Asset-Referenced Token (ART) issuers and receives notifications from E-Money Token (EMT) issuers, which must be banks or e-money institutions, with full reserve, redemption-at-par and white-paper obligations.

  • Exchanges / VASP

    In force

    Exchanges and other CASPs require a MiCAR authorisation from the FMA (or a passported EEA licence) to operate in Austria; the legacy FM-GwG VASP registration is being phased out and several major exchanges have already been licensed in Vienna.

  • Token Offerings

    In force

    Public offers of crypto-assets other than ARTs/EMTs are governed by Title II MiCAR: a white paper must be drawn up, notified to the FMA and published, with marketing communications subject to fair, clear and non-misleading rules; tokens that qualify as financial instruments fall under Austrian/EU prospectus and MiFID II rules instead.

  • Custody

    In force

    Custody and administration of crypto-assets on behalf of clients is a regulated CASP service under Art. 75 MiCAR requiring FMA authorisation, asset segregation, a custody policy, liability for loss in many cases and operational/security safeguards layered with DORA's ICT resilience rules.

  • DeFi

    Partial

    MiCAR Recital 22 exempts crypto-asset services provided in a 'fully decentralised manner' without an intermediary, so genuinely permissionless DeFi protocols are out of scope in Austria, but identifiable front-ends, governance entities or DAOs exercising control are typically treated as in scope; an EU-level DeFi review is awaited and the FMA follows ESMA/EBA guidance.

    Still pending: EU-level DeFi review awaited; FMA guidance pending clarity on front-end/DAO classification

  • Tax

    In force

    Crypto holdings are treated as 'capital assets' under §27b EStG: current yield and capital gains are taxed at a flat 27.5% special rate (KESt), with mandatory withholding by Austrian providers since 1 Jan 2024 acting as final tax; crypto-to-crypto trades are tax-neutral, and CARF/DAC8 reporting under the Krypto-MPfG applies from 1 January 2026.

How to get a crypto license in Austria

To provide crypto-asset services in Austria you need a MiCA CASP authorisation (Crypto-Asset Service Provider), supervised by the Austrian Financial Market Authority (FMA), under the EU Markets in Crypto-Assets Regulation (MiCA), Title V.

Authority
the Austrian Financial Market Authority (FMA)
License required
a MiCA CASP authorisation (Crypto-Asset Service Provider)
Framework / law
the EU Markets in Crypto-Assets Regulation (MiCA), Title V
Minimum capital
€50,000–€150,000 minimum, by service class (Class 1/2/3)
Timeline
about 40 working days of substantive review; 1–3 months for a well-prepared application
Cost
an application fee of roughly €5,000–€25,000, plus ongoing supervisory fees
Passporting
Yes: a single MiCA CASP licence passports across all 27 EU member states.

What a crypto license in Austria covers

  • Custody and administration of crypto-assets for clients
  • Operating a trading platform for crypto-assets
  • Exchanging crypto-assets for funds, or for other crypto-assets
  • Executing orders for crypto-assets on behalf of clients
  • Reception and transmission of orders, and placing of crypto-assets
  • Advice and portfolio management on crypto-assets
  • Transfer services for crypto-assets on behalf of clients

Step by step: getting a crypto license in Austria

  1. Incorporate a legal entity with a registered office in the member state, with at least one director resident in the EU.

  2. Build the application file: programme of operations, business plan, governance, AML/CFT, ICT resilience and client-asset segregation.

  3. Submit the application to the national competent authority.

  4. Completeness check: the authority has 25 working days to confirm the file is complete and request anything missing.

  5. Substantive assessment: the authority has 40 working days to grant or refuse the authorisation.

  6. Once authorised, notify the passport to the host member states you intend to serve, then begin operating across the EU.

Documents required in Austria

  • Programme of operations describing each crypto-asset service you will provide
  • Business plan with three-year financial projections
  • Evidence of prudential safeguards (own funds or qualifying insurance)
  • Governance arrangements, organisational chart and internal-control description
  • AML/CFT policies and the appointment of a compliance officer
  • ICT security, business-continuity and DORA-aligned resilience policies
  • Custody and client-asset segregation arrangements
  • Complaints-handling procedure and conflict-of-interest policy
  • Fit-and-proper evidence for directors and qualifying shareholders (CVs, criminal-record certificates)

Ongoing obligations in Austria

  • Maintain prudential safeguards and own funds at or above the class minimum
  • Keep client crypto-assets segregated from the firm's own assets
  • Run continuous AML/CFT monitoring, screening and suspicious-activity reporting
  • Keep marketing communications fair, clear and not misleading
  • Operate complaints handling and manage conflicts of interest
  • Meet ICT resilience and incident-reporting duties under DORA
  • File periodic reports to the national competent authority

Key points: crypto & digital assets in Austria

  1. MiCAR in force, FMA is competent authority

    The MiCA-Vollzugsgesetz (MiCA-VG) entered into force on 20 July 2024 and designates the FMA as competent authority for authorising and supervising CASPs and issuers; MiCAR has applied in full since 30 December 2024.

    fma.gv.at fma.gv.at

  2. Transition for existing VASPs

    Pre-existing Austrian VASPs registered under the FM-GwG must obtain a MiCAR CASP licence; the transitional regime runs to 1 July 2026, and the FMA has signalled unlicensed providers must cease regulated services after 31 December 2025.

    cerhahempel.com fma.gv.at

  3. Major MiCAR licences granted

    The FMA has issued full MiCAR CASP licences to international operators including Bybit EU (May 2025), KuCoin EU Exchange GmbH (27 Nov 2025) and Swiss AMINA Bank (Nov 2025), giving EEA passporting from Austria.

    coindesk.com coinspeaker.com

  4. Dedicated crypto tax regime

    Under §27a/27b EStG, current income and capital gains from crypto holdings are taxed at a flat special rate of 27.5%; since 1 Jan 2024 Austrian providers must withhold KESt as final tax, and crypto-to-crypto swaps remain tax-neutral.

    bmf.gv.at artus.at

  5. CARF/DAC8 reporting (Krypto-MPfG)

    The Crypto-Asset Reporting Act (Krypto-Meldepflichtgesetz, Krypto-MPfG) transposes DAC8/CARF and is in force from 1 January 2026, obliging CASPs to report client transaction and holding data to Austrian tax authorities.

    kinstellar.com

  6. AML/KYC and DORA overlay

    MiCAR-licensed CASPs are obliged entities under the FM-GwG (Austrian AML law) and must also comply with the Travel Rule (Reg. (EU) 2023/1113) and DORA (Reg. (EU) 2022/2554), applicable since 17 Jan 2025.

    cms.law globallegalinsights.com

Crypto license in Austria: FAQ

Do you need a license to run a crypto business in Austria?

Yes. To provide crypto-asset services in Austria you need a MiCA CASP authorisation (Crypto-Asset Service Provider), supervised by the Austrian Financial Market Authority (FMA), under the EU Markets in Crypto-Assets Regulation (MiCA), Title V.

Which authority issues crypto licenses in Austria?

The Austrian Financial Market Authority (FMA).

How much does a crypto license cost in Austria?

An application fee of roughly €5,000–€25,000, plus ongoing supervisory fees.

How long does it take to get a crypto license in Austria?

Typically about 40 working days of substantive review; 1–3 months for a well-prepared application.

What documents do you need for a crypto license in Austria?

The application file centres on programme of operations describing each crypto-asset service you will provide; business plan with three-year financial projections; evidence of prudential safeguards (own funds or qualifying insurance); governance arrangements, organisational chart and internal-control description; plus fit-and-proper evidence for directors and qualifying shareholders.

What is the application process for a crypto license in Austria?

Incorporate a legal entity with a registered office in the member state, with at least one director resident in the EU. Build the application file: programme of operations, business plan, governance, AML/CFT, ICT resilience and client-asset segregation. The authority then assesses the file and, once authorised, you can begin operating.

Does a Austria crypto license work in other EU/EEA countries?

Yes: a single MiCA CASP licence passports across all 27 EU member states.

Timeline of decisions

  1. Guidance · official
    Deadline for existing Austrian crypto firms to obtain MiCAR authorisation

    Under the Austrian MiCA-VVG transitional regime, crypto-asset service providers previously registered as VASPs had to be authorised by the FMA as CASPs by 31 December 2025 or cease activities. It marks the end of the grandfathering window that closed the old AML-only registration era.

    FMA

  2. Decision
    Swiss crypto bank AMINA secures MiCA license in Austria

    AMINA Bank received a MiCAR authorisation from the FMA, joining a growing roster of crypto firms choosing Austria as their EU base under the harmonised regime.

    CoinDesk

  3. Decision
    Bybit obtains MiCAR license in Austria

    Major exchange Bybit secured FMA authorisation as a crypto-asset service provider in roughly 4-5 months, signalling Austria's emergence as a preferred EU licensing hub.

    The Cryptonomist

  4. Decision · official
    Bitpanda becomes first FMA-authorised CASP under MiCAR

    The FMA granted Bitpanda GmbH authorisation as a crypto-asset service provider under Article 63 MiCAR, the first full MiCAR licence issued in Austria.

    FMA Österreich

  5. Law · official
    MiCAR fully applicable; FMA assumes comprehensive crypto supervision

    Title V (CASP authorisation and ongoing supervision) provisions of MiCAR took effect, making the FMA the comprehensive supervisor of Austria's crypto market, with a transitional period for existing providers running to end-2025.

    FMA Österreich

  6. Law · official
    Austrian MiCAR Enforcement Act (MiCA-VVG) enters into force

    Passed by the National Council on 3 July 2024 and published in Federal Law Gazette I No. 111/2024, the MiCA-Verordnung-Vollzugsgesetz designated the FMA as supervisor and set transitional rules for existing providers. Austria was among the first EU states to put a MiCAR-compliant national framework in place.

    FMA

  7. Law · official
    MiCAR Enforcement Act (MiCA-VVG) enters into force

    Austria's national transposition law, passed by the National Council on 3 July 2024, took effect and designated the FMA as the competent authority for all crypto-asset activities, with administrative penalties up to EUR 15 million for market abuse.

    FMA Österreich

  8. Law · official
    MiCAR stablecoin rules (ART/EMT) become applicable

    Titles III and IV of the EU Markets in Crypto-Assets Regulation, governing asset-referenced tokens and e-money tokens, began applying in Austria, the first MiCAR provisions to take effect.

    FMA Österreich

  9. Law · official
    Crypto taxed as capital assets under Eco-Social Tax Reform

    New rules treating income from crypto-assets as capital income taxed at the special 27.5% rate took effect, giving holders tax certainty and allowing losses to be offset against other capital gains.

    BMF (Federal Ministry of Finance)

  10. Law · official
    FMA regulatory sandbox launched

    An amendment to the Financial Market Authority Act (new §23a FMABG) created a regulatory sandbox for fintech, DLT and crypto-asset business models, easing the path to becoming a supervised entity.

    FMA Österreich

  11. Law · official
    VASP registration requirement takes effect under FM-GwG

    Transposing the EU 5th AML Directive, the Financial Market Anti-Money Laundering Act required virtual asset service providers (exchanges, custodial wallets, issuers/transfers) to register with the FMA for AML/CFT purposes or cease operating in Austria.

    FMA Österreich

  12. Incident · official
    Optioment Bitcoin Ponzi scheme triggers Europe-wide probe

    The collapse of the Austrian-linked 'Optioment' scheme, up to 10,000 victims and ~12,000 BTC (≈$115m) lost, prompted FMA cooperation with Vienna prosecutors and a cross-border investigation, spotlighting crypto fraud risks.

    FMA Österreich

Sources

  1. fma.gv.at/en/cross-sectoral-topics/markets-in-crypto-assets-regulation-micar/
  2. fma.gv.at/en/micar-regime-now-fully-applicable-fma-assumes-comprehensive-superv
  3. fma.gv.at/en/fma-takes-over-casp-supervision-in-austria/
  4. bmf.gv.at/en/topics/taxation/Tax-treatment-of-crypto-assets.html
  5. esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets
  6. cerhahempel.com/blog/fintech-ledger/austria-and-mica-clarity-complexity-and-complianc
  7. globallegalinsights.com/practice-areas/blockchain-cryptocurrency-laws-and-regulations/austria
  8. cms.law/en/int/expert-guides/cms-expert-guide-to-crypto-regulation/austria
  9. kinstellar.com/news-and-insights/detail/3930/austrias-crypto-reporting-act-clear-rul
  10. coindesk.com/policy/2025/11/03/swiss-crypto-bank-amina-secures-mica-license-in-aus
  11. coinspeaker.com/kucoin-eu-micar-license-austria/
  12. artus.at/en/blog/cryptocurrencies-and-income-tax-when-does-the-special-tax-rat

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