Basic Information and Regulation of Cryptocurrency in The Philippines and Other Association of The Southeast Asian Nations Member States
Basic Information and Regulation of Cryptocurrency in The Philippines and Other Association of The Southeast Asian Nations Member States
Basic Information and Regulation of Cryptocurrency in The Philippines and Other Association of The Southeast Asian Nations Member States
6 November-December 2022
I. INTRODUCTION
The advancement of the digital economy has paved the rise of digital currencies or
assets in other appreciation. Such emerging innovative technologies build-up the society
engaged in digital currencies, or simply known as cryptocurrencies. This digital or virtual
currency (VC) is a decentralized network distributed across a large computed network that uses
blockchain technology to ensure the integrity of such digital assets from counterfeit or double-
spend (Frankenfield, 2021).
The market for digital or virtual assets (VAs) has been growing and changing
rapidly across the world. The first and most popular VA today is the cryptocurrency,
which has experienced significant growth and volatility in value. Bitcoin (BTC) was
created as an alternative to the traditional system, where transactions can be reversed
or meddled by third parties along with the imposition of higher transaction costs
(Likos & Hicks, 2022). It offers an alternative system based on blockchain
technology 1 and a decentralized peer-to-peer electronic exchange, where a
*
Prepared by Michael Angelo T. Tiu, Senior Tax Specialist, with inputs from the Economic Staff, Tax Statistics
Staff and Direct Taxes Branch. Reviewed and approved by Ma. Berlie L. Amurao, Chief Tax Specialist, Indirect
Taxes Branch, NTRC.
1
Cryptocurrency, being decentralized, operates on a distributed ledger or a shared transaction list called
blockchain. The “block” is composed of chunks of encrypted data. The “chain” is the public database in which
the blocks are stored and sequentially related to each other. Every block in the blockchain has a specific code that
distinguishes itself from all other blocks in existence. This unique code is called a hash. Blocks of information
being added to a blockchain are added chronologically. A new block is added directly after the last block created,
which also has its own unique hash. The ledger or database of blocks in the chain is simultaneously distributed
worldwide spread among millions of computers (Chu, n.d.).
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NTRC Tax Research Journal Vol. XXXIV.6 November-December 2022
cryptographic2 proof is used to maintain the integrity of the network instead of relying
on third-party banks and other institutions. In this way, people can send money to one
another without a bank or third party as intermediary.
2
Cryptocurrency received its name because it uses encryption to verify transactions. This means
advanced coding is involved in storing and transmitting cryptocurrency data between wallets and to public ledgers.
The aim of encryption is to provide security and safety. On the other hand, crypto wallets refer to physical devices
or online softwares used to store the private keys to secure the cryptocurrency. (Kaspersky, n.d.)
3
Banks and other financial institutions charge various fees to users of their system to recoup costs as
well as earn profits
4
Some platforms allow to use other crypto such as Ethereum and Litecoin as the base.
5
Refers to any type of cryptocurrency other than Bitcoin (deMatteo, 2022).
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NTRC Tax Research Journal Vol. XXXIV.6 November-December 2022
The following are the existing transactions that can earn money with
cryptocurrency:
b. Mining. Computers are used to mine Bitcoin (i.e., use the computational
power to help verify certain transactions on the blockchain and be
rewarded with Bitcoin or other coins) (Maria, n.d.);
c. Lending. Traders who need margin and leverage borrow coins to trade
with and will give back the same amount with some commission (Maria,
n.d.); and
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Table 1
Ten Most Important Cryptocurrencies Other Than BTC
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The Circular defined VCs as any digital unit used as a medium of exchange
or a form of digitally stored value created by agreement within the community of VC
users. The VCs are not issued nor guaranteed by any jurisdiction and do not have
legal tender status. They shall be broadly construed to include digital units of
6
BSP’s Warning Advisory on Virtual Currencies, (March 6, 2014).
7
BSP Circular No. 944 Series of 2017, entitled, “Guidelines for Virtual Currencies (VC) Exchanges”,
(February 6, 2017).
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exchange that: (a) have a centralized repository or administrator; (b) are decentralized
and have no centralized repository or administrator; or (c) may be created or obtained
by computing or manufacturing effort.
Likewise, the said Circular covers VCEs in the Philippines offering services
or engaging in activities that provide facilities for converting or exchanging of fiat
currency to VC or vice versa. It requires the VCEs to register as remittance and
transfer companies with the BSP. Likewise, they are required to put in place adequate
safeguards to address the risk associated with the VCs.
Later that same year, the BSP issued another advisory in response to
unscrupulous fraudsters or groups that tried to entice consumers to invest in Bitcoins
or VCs packaged as an Initial Coin Offering (ICO)8. The advisory warned consumers
to be cautious in dealing with VCs, only maintain VCs sufficient to meet their
transactional requirements, and adopt sound security measures to protect their VC
accounts. The advisory also reiterated that the BSP does not endorse VCs as a
currency or an investment instrument due to their highly-speculative and risky nature.
As defined in BSP Circular No. 1108, VAs expands the definition of VCs,
currently defined as any digital unit that can be digitally traded, transferred, and used
for payment or investment purposes. It can be defined as a “property”, “proceeds”,
“funds”, “funds or other assets”, and other “corresponding value”. It is used as a
medium of exchange or a form of digitally stored value created by agreement within
the community of VA users. Moreover, the transfer or exchange of VAs is now
facilitated by Virtual Asset Service Providers (VASPs). As of March 2022, there were
19 listed VASPs in the BSP.
8
Refers to distributed ledger technology fundraising operations involving the issuance of tokens in return
for cash, other cryptocurrencies or other assets.
9
Entitled, “Guideline for Virtual Asset Service Providers (VASP)”, (January 26, 2021).
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As of 2021, there were over 300 million cryptocurrency users worldwide. Out
of the 300 million, 6.9 million users are from the Philippines, making the country as
one of the fastest to adopt cryptocurrencies (TripleA, n.d.). Globally, the
cryptocurrency market was valued at USD826.6 million10 (PhP39.71 billion) in 2020,
and it is expected to increase to USD1,902.5 million11 (PhP91.39 billion) in 2028 at
a compound annual growth rate of 11.1% (Fortune Business Insights, n.d.).
10
2020 Average 1 USD to PhP = 48.036
11
Ibid.
12
The Philippine Fintech Map 2022 provides a comprehensive snapshot of the country’s rapidly growing
financial technology landscape. It is an overview of the state of fintech and digital financial services in the country,
and what it takes to propel it further for the betterment of the Filipinos towards greater financial inclusion.
13
Awaiting response from the BSP for the data request on the latest value and volume of cryptocurrency
in the Philippines.
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Figure 3. Cryptocurrency Transactions January to September in 2019 and 2020. Lifted from
Fintech News Network. (n.d.). Fintech News Philippines: Philippines Fintech Report 2022.
Retrieved June 24, 2022, from https://www.jotform.com/form/213318586766366
Among the ten ASEAN Member States (AMS), five of them, Indonesia, Lao PDR,
Malaysia, Singapore, and Thailand, impose a tax on cryptocurrency-related activities, while
the Philippines, Brunei Darussalam, Cambodia, Myanmar and Vietnam have only issued a
public warning on investing in cryptocurrencies. In some AMS, a cryptocurrency is not
considered as legal tender in their respective jurisdictions. However, all AMS are realigning
and formulating their respective fintech and e-commerce policies on regulating cryptocurrencies.
Table 2
Indonesia 0.1% on earnings and capital gains 0.1% value added tax (VAT) on
on crypto transactions crypto assets purchases
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Singapore 17% income tax is imposed on the 7% goods and services tax (GST)
following: on the transfer of non-fungible
tokens such as those that represent
1. Businesses that choose to
accept digital tokens such as ownership rights to a specific
Bitcoins for their remuneration property (e.g., intellectual property,
or revenue or that trade in digital artwork)
digital tokens
Exempted from GST:
2. Businesses that choose to 1. Use of digital payment tokens
accept digital tokens such as as payment for goods or
Bitcoins for their remuneration services will no longer give rise
or revenue. It is noted that tax to a supply14 of those tokens.
deductions are allowed, where
permissible, under Singapore 2. Supply of digital payment
tax laws. tokens in exchange for fiat
currency or
Businesses that buy and sell digital other digital payment tokens, and
tokens in the ordinary course of the provision of any loan, advance
their business are taxed on the or credit of digital payments will
profit derived from trading in the be exempt from GST.
digital token. Profits derived by
businesses that mine and trade
digital tokens in exchange for
money are also subject to tax.
Source: Cekindo, 2022; ECCIL, 2022; The Malaysian Reserve, 2021; Inland Revenue Authority of Singapore
(IRAS), 2019 and 2020; and Bangkok Post, 2022.
14
Where the digital payment tokens are provided as consideration in a transaction other than for a supply
of money or digital payment tokens, the provision of those tokens will be treated as neither a supply of goods nor
a supply of services under the GST (Excluded Transactions) Order.
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REFERENCES
AMBD. (2017, December 22). Press Release: public to exercise high caution with cryptocurrencies.
https://perma.cc/4N9M-AL26
Bangkok Post. (2022, January 6). Crypto traders subject to 15% capital gains tax.
https://www.bangkokpost.com/business/2242723/crypto-traders-subject-to-15-capital-gains-
tax
Best, R. d. (2022, March 22). Number of cryptocurrencies worldwide from 2013 to February 2022 [Data
Set]. Statista. https://www.statista.com/statistics/863917/number-crypto-coins-tokens/
Cekindo. (2022, May 19). Crypto markets in Indonesia regulated with VAT.
https://www.cekindo.com/blog/crypto-markets-in-indonesia-regulated-with-vat
Chu, M. (n.d.). What is the point of cryptocurrency? Retrieved June 24, 2022 from
https://dataoverhaulers.com/purpose-point-of-cryptocurrency/
Congressional Research Service. (2020, April 9). Cryptocurrency: the economics of money and selected
issues. https://sgp.fas.org/crs/misc/R45427.pdf
Conway, L. (2021b, May 31). The 10 Most Important Cryptocurrencies Other Than Bitcoin.
Investopedia. https://www.investopedia.com/tech/most-important-cryptocurrencies-other-
than-bitcoin/
deMatteo, M. (2022, March 3). There are thousands of different altcoins. Here’s why crypto investors
should pass on most of them. Retrieved June 25, 2022 from
https://time.com/nextadvisor/investing/cryptocurrency/altcoins/
DOF. (2020, January 26). Intensified campaign vs errant POGOs yields P6.42-B taxes in 2019.
https://www.dof.gov.ph/intensified-campaign-vs-errant-pogos-yields-p6-42-b-taxes-in-
2019/
ECCIL. (2022, June 16). Cryptocurrency trade adds millions of dollars to state budget.
https://eccil.org/news/cryptocurrency-trade-adds-millions-of-dollars-to-state-budget/
Fortune Business Insights. (n.d.). Cryptocurrency market size, share & COVID-19 impact analysis.
https://www.fortunebusinessinsights.com/industry-reports/cryptocurrency-market-100149
Gallaga, O. (2022, March 13). How people actually make money from cryptocurrencies.
https://www.wired.com/story/how-to-make-money-from-crypto/
Basic Information and Regulation of Cryptocurrency in the Philippines and Other ASEAN Member States 11
NTRC Tax Research Journal Vol. XXXIV.6 November-December 2022
Gogol, F. (2022, April 28). How to make money with cryptocurrency. Stilt.
https://www.stilt.com/blog/2021/06/how-to-make-money-with-cryptocurrency/
IRAS. (2020, October 9). IRAS e-tax guide – income tax treatment of digital tokens.
https://www.iras.gov.sg/media/docs/default-source/e-tax/etaxguide_cit_income-tax-
treatment-of-digital-tokens_091020.pdf?sfvrsn=91dbe1f7_0
IRAS. (2019, November 19). IRAS e-tax guide – GST: digital payment tokens.
https://www.iras.gov.sg/media/docs/default-source/e-tax/e-tax-guide_gst_digital-payment-
tokens.pdf?sfvrsn=da8cafda_12
JuanTax. (n.d.). The rise of cryptocurrency: top crypto trading platforms in the Philippines.
https://juan.tax/blog/the-rise-of-cryptocurrency-top-crypto-trading-platforms-in-the-
philippines/
Kaspersky. (n.d.). What is cryptocurrency and how does it work? Retrieved June 24, 2022 from
https://www.kaspersky.com/resource-center/definitions/what-is-cryptocurrency
Khmer Times. (2022, April 22). Conducting cryptocurrency-related activities in Cambodia is still
illegal. https://www.khmertimeskh.com/501065952/conducting-cryptocurrency-related-
activities-in-cambodia-is-still-illegal/
Likos, P., & Hicks, C. (2022, February 4). The history of bitcoin, the first cryptocurrency. Retrieved
June 24, 2022 from https://money.usnews.com/investing/articles/the-history-of-
bitcoin#:~:text=Once%20Bitcoin%20became%20available%20on,price%20against%20the%
20U.S.%20dollar.
OECD. (2020, October 14). Taxing virtual currencies: An overview of tax treatments and emerging tax
policy issues. https://www.oecd.org/tax/tax-policy/flyer-taxing-virtual-currencies-an-
overview-of-tax-treatments-and-emerging-tax-policy-issues.pdf
P&A Grant Thornton. (2021, September 14). Taxing income from cryptocurrencies.
https://www.grantthornton.com.ph/insights/articles-and-updates1/lets-talk-tax/taxing-
income-from-cryptocurrencies/
Pham, Thuan. (2022, February 24). Will income from cryptocurrency be taxed in Vietnam? VDN Loi.
https://media.vdb-loi.com/wp-content/uploads/2022/02/Will-Income-From-Cryptocurrency-
Be-Taxed-In-Vietnam.pdf
Shrivastava, A. (2022, January 21). Union Bank of Philippine predicts investors will hold ‘5% assets in
crypto’ in 5 Years. Yahoo Finance. https://finance.yahoo.com/news/union-bank-philippine-
predicts-investors-174621705.html
The Malaysian Reserve. (2021, October 4). The issues surrounding cryptocurrency inMalaysian
Taxation.
https://phl.hasil.gov.my/pdf/pdfam/20211004_The_Malaysian_Reserve_The_Issues_Surrou
nding_Cryptocurrency_in_Malaysian_Taxation.pdf
12 Basic Information and Regulation of Cryptocurrency in the Philippines and Other ASEAN Member States
NTRC Tax Research Journal Vol. XXXIV.6 November-December 2022
Tint, Pann M.P., et al. (2021, August 31). Cryptocurrency & its future in Myanmar. Inya Economics.
https://www.inyaeconomics.com/wp-content/uploads/2021/08/Cryptocurrency-Its-Future-
in-Myanmar-English-Version-.pdf
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