UK’s New Crypto Classification: Impact on Taxes, Legal Rights, and Businesses

• The U.K.’s Ministry of Justice has introduced a new bill to categorize crypto assets as personal property.
• If approved, the legislation would eradicate legal gray areas for individuals and businesses holding crypto.
• The new bill, if approved, will introduce a new category under the English and Welsh property laws.

The United Kingdom is considering granting crypto assets the same legal rights as traditional personal property, a decision that would resolve long-standing regulatory ambiguity and offer investors a higher level of security.

On Sept. 11, the Ministry of Justice proposed a bill that, if passed, would formally classify crypto assets like Bitcoin (BTC) and Ether (ETH), as well as more experimental Web3-based assets, such as non-fungible tokens (NFTs) and digital carbon credits, as personal property.

Bill Aims to Put Crypto Assets Under English and Welsh Property Law

A key provision of the proposal  is creating a new category within English and Welsh property law, which could be a game-changer for the digital assets industry.

The legislation looks to introduce a third category of “things” that would grant personal property rights to digital assets. Currently, U.K. property law divides personal property into two categories: “things in action,” such as shares and obligations, and “things in possession,” such as gold, money, and cars.

The provision means that the U.K. government is acknowledging the complexities of the modern digital landscape and the need for laws that can keep up.

Justice Minister Heidi Alexander, in an official statement, noted the importance of government laws evolving to incorporate evolving technologies.

“It is essential that the law keeps pace with evolving technologies and this legislation will mean that the sector can maintain its position as a global leader in cryptoassets and bring clarity to complex property cases.”

The new crypto bill is based on the Law Commission’s report  from 2023. The report identified key barriers to recognizing digital assets as property under English and Welsh private law and recommended solutions based on that.

The Implications of Classifying Crypto as Property

Security

For starters, if passed, the new bill could give holders the same level of protection they enjoy for their tangible assets.

This means that should they fall victim to a scam or theft, they would have recourse to the law, just as they would with stolen cash or valuables.

The new bill could also encourage crypto services providers and business operators to offer their services without the mounting dangers of enforcement action, a recurring case in the U.S.

Taxes

In addition to this, the new bill could also mark the beginning of a more straightforward tax environment for crypto holders.

Currently, the U.K.’s tax system for personal property  is complex, with various taxes, such as council tax, rental tax, capital gains tax, and inheritance tax, applying to different types of assets.

While the details of how crypto will be taxed under the new law remain unclear, it’s likely that the existing tax framework for personal property would serve as a template.

For individual crypto holders, this could mean having to declare their crypto assets to the government, just as they would with other personal property. And when it comes to taxes, crypto “properties” might be subject to capital gains and inheritance taxes.

Fortunately, the U.K.’s existing tax allowances would still apply, with no property tax payable on assets worth up to £250,000 and a tiered system of taxation applying to higher-value assets.

Capital gains tax on crypto is also likely to be levied at rates ranging from 10% to 20%, depending on individual circumstances.

While this might seem concerning, it’s worth noting that clearer regulation could bring a welcome sense of stability to the market, allowing crypto services providers and business operators to offer their services with renewed confidence.

Setting a Global Precedent

The U.K.’s move is particularly significant in the wake of the European Union’s Markets in Crypto Assets (MiCA) framework and could set an important precedent for other countries to follow.

Post-Brexit, the U.K. has been keen to establish its own regulatory framework, and this bill represents a major milestone in that journey. If passed, it could put pressure on other nations, including the U.S., to re-examine their own approach to crypto regulation.

In contrast to the U.K., most countries have been slow to develop clear-cut regulations for crypto assets. Even those that have dipped their toes into crypto regulation, such as China and Russia, have struggled to turn promising discussions into concrete laws.

About the Author

Prashant Jha

Prashant Jha is a crypto-journalist focused on the US and UK markets, his interests lie in blockchain technology and crypto adoption across emerging economies.

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