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

Legal framework

EU Markets in Crypto-Assets Regulation (MiCAR / Regulation (EU) 2023/1114), implemented domestically via the Dutch MiCA Implementation Act (Wet implementatie verordening cryptoactiva) in force since 30 December 2024; supervised by the Authority for the Financial Markets (AFM) for licensing and conduct and by De Nederlandsche Bank (DNB) for prudential, ART/EMT issuer and AML/Wwft supervision. Tax treatment under the Income Tax Act 2001 (Wet IB 2001), primarily Box 3.

Status by sub-area

• Stablecoins

  In force

  MiCAR Titles III (ARTs) and IV (EMTs) apply directly in the Netherlands since 30 June 2024. DNB is the competent authority for authorising and prudentially supervising ART and EMT issuers; EMTs must be issued by an authorised credit institution or e-money institution.

• Exchanges / VASP

  In force

  CASP authorisation under MiCAR Title V is required for crypto-asset exchanges, brokers, advisers and portfolio managers operating in or from the Netherlands; the AFM is the licensing authority and was among the first in the EU to grant licences.

• Token Offerings

  In force

  Public offers of crypto-assets (other than ARTs/EMTs) require a MiCAR-compliant white paper notified to the AFM (Title II). Tokens that qualify as financial instruments fall outside MiCAR and are governed by the EU Prospectus Regulation and the Dutch Wft.

• Custody

  In force

  Custody and administration of crypto-assets on behalf of clients is a regulated service under MiCAR Article 75, requiring AFM authorisation, segregation of client assets from the firm's own holdings, robust safeguarding policies and liability for loss.

• DeFi

  Partial

  MiCAR Recital 22 and Article 2(3) exclude fully decentralised crypto-asset services from scope; the Netherlands follows this line, so genuinely decentralised protocols sit outside the CASP regime, while front-ends, intermediaries and DAOs with identifiable operators can be in scope. AFM and DNB engage with DeFi via dialogue and sandbox-style pilots (e.g., the ING DeFi P2P lending trial).

  Still pending: Regulatory guidance from AFM/DNB sandboxes for in-scope DeFi intermediaries and DAOs still pending

• Tax

  In force

  Under the Income Tax Act 2001, the Belastingdienst treats crypto-assets held by individuals as Box 3 wealth (taxed on a fictitious return at 36% above the tax-free threshold), with mining and active staking that constitute a business or 'other activity' taxed as Box 1 income at progressive rates up to 49.5%. Companies are subject to corporate income tax; the EU DAC8 directive will add crypto reporting from 2026 onwards.

How to get a crypto license in Netherlands

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

Authority

the Dutch Authority for the Financial Markets (AFM)

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.

Step by step: getting a crypto license in Netherlands

1. 1

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

2. 2

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

3. 3

   Submit the application to the national competent authority.

4. 4

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

5. 5

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

6. 6

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

Key points: crypto & digital assets in Netherlands

1. 01MiCAR is the in-force framework

   MiCAR's stablecoin (ART/EMT) rules apply since 30 June 2024 and CASP authorisation rules since 30 December 2024; the Netherlands' MiCA Implementation Act took effect on 30 December 2024, designating AFM and DNB as competent authorities.

   dnb.nl esma.europa.eu

2. 02Split supervisory model (AFM + DNB)

   The AFM authorises and supervises the conduct of CASPs (exchanges, custodians, brokers, advisers, portfolio managers); DNB conducts prudential supervision of CASPs and authorises and supervises issuers of asset-referenced and e-money tokens, plus AML/Wwft and Sanctions Act compliance.

   afm.nl dnb.nl

3. 03Transition from DNB Wwft registration

   The pre-MiCA DNB registration regime for crypto-fiat exchanges and custodian wallet providers under the Wwft was sunset; the Dutch transitional period was shortened, requiring previously-registered VASPs to obtain MiCA authorisation to keep operating in the Netherlands.

   dnb.nl watsonlaw.nl

4. 04Box 3 wealth-tax treatment of holdings

   The Belastingdienst explicitly treats crypto as a Box 3 asset valued at 1 January, taxed on a fictitious return (the 'other assets' rate, ~6% for 2026) at a 36% rate, above the tax-free threshold (€57,684 in 2026 for an individual, latest published figure).

   belastingdienst.nl koinly.io

5. 05Income-style taxation for professional/business activity

   Mining or staking conducted as a business or 'other activity' (resultaat uit overige werkzaamheden) is taxed as Box 1 income at progressive rates up to 49.5%; companies are subject to corporate income tax. Casual holding remains in Box 3.

   koinly.io tokentax.co

6. 06Early CASP authorisations and EU passporting

   The AFM began accepting MiCAR applications in April 2024 and was among the first EU regulators to grant CASP licences (e.g., Finst, Bitvavo, Change); an AFM CASP licence allows passporting of services across the EEA under home-state supervision.

   finst.com afm.nl

Crypto license in Netherlands: FAQ

Timeline of decisions

1. 30 Jun 2025Decision · official
   Netherlands Ends Accelerated MiCA Transitional Regime, All CASPs Must Hold Full Licence

   The Netherlands chose to cut the EU-default 18-month MiCA transitional window to only six months, ending the grandfathering of DNB-registered VASPs on 30 June 2025. From that date, all crypto-asset service providers must hold a MiCA CASP authorisation from AFM (conduct supervision) or comply with DNB's prudential rules for ART/EMT issuers.

   De Nederlandsche Bank

2. 30 Jun 2025Law · official
   MiCA Transition Period Expires, All Dutch Crypto Firms Required to Hold AFM CASP Licence

   The six-month grandfathering window granted to existing DNB-registered crypto service providers closed, ending the Wwft-based registration regime. Any operator without a MiCA CASP licence from the AFM (or a passported EU authorisation) became prohibited from serving Dutch clients.

   AFM

3. 27 May 2025Enforcement · official
   DNB Fines OKX (Aux Cayes Fintech) €2,250,000 for Unregistered Dutch Operations

   De Nederlandsche Bank imposed a €2.25 million administrative fine on Aux Cayes Fintech Co. Ltd. (OKX) for providing crypto exchange and custodial-wallet services in the Netherlands without mandatory DNB registration from July 2023 to August 2024, underscoring continued enforcement of the pre-MiCA Wwft regime.

   De Nederlandsche Bank

4. 1 Jan 2025Enforcement · official
   DNB Levies €4 Million Penalty on KuCoin (Peken Global) for Unregistered Services

   DNB issued an order subject to periodic penalty against Peken Global Limited (KuCoin) for operating crypto services in the Netherlands without registration; KuCoin failed to comply throughout the entire eight-week forfeiture period, triggering the maximum €4 million penalty, the largest single crypto enforcement action by DNB at the time.

   De Nederlandsche Bank

5. 30 Dec 2024Decision · official
   MiCA Fully Applicable in the EU; AFM Issues Europe's First CASP Licences

   The Markets in Crypto-Assets Regulation became fully operational across the EU, including the Netherlands; the AFM immediately granted the EU's first MiCA CASP licences (MoonPay, BitStaete, ZBD, and Hidden Road), with AFM as primary licensing authority for most crypto services and DNB retaining prudential and stablecoin supervisory roles.

   AFM

6. 22 Oct 2024Enforcement · official
   DNB Fines Bybit Fintech €2,250,000 for Operating Without DNB Registration

   DNB fined Bybit Fintech Limited €2.25 million for providing crypto exchange and wallet services to Dutch users without the required DNB registration until September 2023; DNB noted the non-compliance prevented Bybit from filing suspicious-transaction reports with the Financial Intelligence Unit-Netherlands.

   De Nederlandsche Bank

7. 30 Jun 2024Law · official
   MiCA Stablecoin Provisions (ART & EMT) Enter into Force

   Titles III and IV of Regulation (EU) 2023/1114, covering asset-referenced tokens and e-money tokens, became applicable, placing stablecoin issuers operating in the Netherlands under DNB authorisation requirements for the first time and imposing reserve, disclosure, and redemption obligations.

   De Nederlandsche Bank

8. 22 Apr 2024Decision · official
   AFM Opens MiCA CASP Licence Applications, First in the EU

   The AFM began accepting MiCA CASP licence applications and passporting notifications ahead of the December 2024 application date, positioning the Netherlands as one of the earliest EU member states with an operational licensing pipeline and demonstrating regulatory readiness ahead of full MiCA applicability.

   AFM

9. 14 Jul 2023Enforcement · official
   DNB Orders Kraken (Payward) to Cease Unregistered Services; €4 Million Penalty Imposed

   DNB issued an order subject to penalty against Payward International Markets Limited (Kraken) for providing crypto services without registration; Kraken failed to comply within the eight-week compliance window, triggering the maximum €4 million penalty before eventually registering through a separate Payward entity in February 2024.

   De Nederlandsche Bank

10. 29 Jun 2023Law · official
    EU Markets in Crypto-Assets Regulation (MiCA) Enters into Force

    Regulation (EU) 2023/1114 entered into force on 29 June 2023, creating the first comprehensive EU-wide licensing and disclosure framework for crypto-asset issuers and service providers. The Netherlands designated AFM as competent authority for most CASP licensing and DNB for prudential oversight of ART/EMT issuers, replacing the Wwft registration regime.

    EUR-Lex (EU Official Journal)

11. 18 Jan 2023Enforcement · official
    DNB Fines Coinbase €3.3 Million for Providing Crypto Services Without Wwft Registration

    DNB imposed a €3,325,000 administrative fine on Coinbase Europe Limited for operating crypto exchange and custody services in the Netherlands from 15 November 2020 to at least 24 August 2022 without DNB registration under the Wwft. The case was the second in a series of high-profile enforcement actions under the 2020 crypto-registration regime.

    De Nederlandsche Bank

12. 21 May 2020Law · official
    AMLD5 Implementation Act Enters into Force, First Statutory Crypto Registration in the Netherlands

    The Dutch implementation of the EU Fifth Anti-Money Laundering Directive (Staatsblad 2020, 146) amended the Wwft to require mandatory DNB registration for all providers of fiat-crypto exchange and custodian-wallet services operating in or from the Netherlands, creating the country's first binding crypto regulatory regime and subjecting these providers to AML/CFT compliance obligations.

    Staatsblad 2020, 146 — Dutch Official Gazette

13. 1 Jan 2019Guidance · official
    AFM and DNB Publish Joint Advisory Report Recommending Crypto Licensing Regime

    The AFM and DNB submitted a formal advisory report to the Dutch Minister of Finance concluding that crypto-assets posed significant risks of financial crime, fraud, and investor harm and recommending an AML licensing regime nationally and coordinated regulation at the EU level, a report that directly informed both the Wwft amendment of 2020 and Dutch support for what became MiCA.

    AFM

14. 1 Dec 2013Guidance · official
    DNB Issues First Formal Warning on Bitcoin and Virtual Currencies

    De Nederlandsche Bank issued the first of several formal warnings stating that Bitcoin and virtual currencies cannot fulfil all monetary functions, carry high consumer risk due to extreme volatility, and offer weak security guarantees, establishing a cautious but watch-and-regulate stance that would define Dutch policy for nearly a decade before legislative action followed.

    De Nederlandsche Bank

Sources

1. 1.dnb.nl/en/sector-information/open-book-supervision/laws-and-eu-regulations/m
2. 2.dnb.nl/en/sector-information/open-book-supervision/open-book-supervision-sec
3. 3.afm.nl/en/sector/cryptopartijen/toezicht
4. 4.esma.europa.eu/esmas-activities/digital-finance-and-innovation/markets-crypto-assets
5. 5.watsonlaw.nl/en/mica-implementation-act/
6. 6.belastingdienst.nl/wps/wcm/connect/bldcontenten/belastingdienst/individuals/income_tax/b
7. 7.koinly.io/guides/netherlands-crypto-tax/
8. 8.tokentax.co/blog/crypto-taxes-in-the-netherlands
9. 9.finst.com/en/blog/articles/finst-secures-mica-license