
Japan is preparing a landmark crypto‑tax reform. Here’s what could change in 2025–2026: a proposed 20% separate tax, loss carryforwards, reclassification under FIEA, and new reporting rules—plus what remains in force today and how investors should prepare.Japan is moving toward the biggest redesign of its crypto tax rules since exchanges were first licensed in 2017. In late June, the Financial Services Agency (FSA) proposed reclassifying crypto assets as financial products under the Financial Instruments and Exchange Act (FIEA)—a shift that would pave the way for separate self‑assessed taxation at a flat ~20%, more in line with stocks and bonds. Policymakers are also discussing loss carryforward for crypto gains and tighter market‑integrity rules. The plan is part of a broader “New Capitalism” agenda to deepen household investment and modernize market plumbing.
Reuters separately reported that the FSA intends to submit a bill to the Diet in early 2026 to amend FIEA, including insider‑trading restrictions for crypto assets—an indicator of both the scope and the likely legislative timeline. In other words, 2025 is the design year, 2026 is the earliest plausible start date for any new framework.
What changes are on the table?
According to Cointelegraph’s explainer and Japanese legal analyses, the proposal centers on three investor‑relevant pillars:
- Reclassification under FIEA — treating crypto as “financial products,” a move that would align disclosures, market‑abuse rules (e.g., insider trading), and supervision with securities‑style oversight.
- Taxation at a flat ~20% — moving away from today’s progressive “miscellaneous income” regime (5%–45% national + ~10% local inhabitant tax) to a separate self‑assessment regime similar to listed shares.
- Loss carryforward — allowing taxpayers to offset crypto losses against future gains for up to three years, reflecting the asset class’s volatility and mirroring treatment for other financial instruments.
Japan’s 2025 Tax Reform Outline (released by the ruling coalition in December 2024) explicitly listed crypto‑asset taxation as a “matter for consideration” within financial‑services reforms, signaling official intent to craft a securities‑like system (with details to follow in subsequent bills and cabinet orders).
What remains in force today (mid‑2025)?
Until a new law passes, most individuals are still taxed under the existing regime: gains from trading, spending, or swapping crypto are generally treated as miscellaneous income with progressive rates up to 45% (plus about 10%inhabitant tax), for a maximum effective rate near 55%. Taxable events include selling for fiat, swapping one asset for another, or using crypto to pay for goods and services; simple wallet‑to‑wallet transfers are not taxable.
The National Tax Agency (NTA) continues to publish annual FAQs to standardize calculations and treatment—most recently in December 2024 (Version 9)—covering topics like acquisition cost methods, treatment of self‑issued tokens, and record‑keeping. While FAQs aren’t statutes, they are widely followed by taxpayers and auditors.
On the corporate side, Japan already implemented key relief: the 2024 reform cycle removed year‑end mark‑to‑market taxation on certain third‑party‑issued crypto assets held continuously by companies, fixing a long‑criticized rule that taxed unrealized gains on balance‑sheet holdings. Big‑Four summaries from PwC and EY detail the carve‑outs and conditions.
Finally, Japan introduced a cross‑border reporting system obliging domestic crypto‑asset businesses to report non‑resident transaction data to tax authorities to enable automatic information exchange—an anti‑evasion measure similar to CRS‑style data flows.
Why this overhaul—and why now?
Three drivers explain the timing:
- International competitiveness. A 55% top rate and no loss carryforward put Japan at a disadvantage versus hubs with clearer, lower‑rate financial‑income regimes. Moving to 20% separate taxation (if enacted) aims to reduce frictions for retail and institutional investors.
- Market‑structure maturity. After rolling out stablecoin rules and pushing exchange licensing since 2017, regulators see room to “financialize” crypto under familiar FIEA guardrails, including market‑abuse controls.
- Household investment policy. Japan’s broader savings‑to‑investment shift (e.g., expanded NISA) complements tax simplification for digital assets, aligning with the government’s “New Capitalism” goals. (Reform outlines position these topics together in the 2025 agenda.)
Side‑by‑side: current vs. proposed approach
Today (still in force, 2025):
- Tax base: crypto gains = miscellaneous income, included in annual income.
- Rates: 5%–45% national + ~10% inhabitant tax (effective max ~55%).
- Loss offsets: limited; no multi‑year carryforward for individuals.
- Administration: annual self‑assessment with NTA guidance/FAQs.
Proposed (earliest 2026 if enacted):
- Tax base: crypto treated as financial products under FIEA.
- Rates: ~20% separate self‑assessed tax, similar to listed shares.
- Loss offsets: carryforward up to 3 years against future crypto gains.
- Market rules: insider‑trading restrictions and other securities‑style conduct rules contemplated.
Key caveat: the Diet still needs to pass the enabling legislation; some details (e.g., treatment of staking income, margin/futures, and token classifications) will be clarified in cabinet orders and NTA guidance after the main bill.
What about ETFs, stablecoins and the broader rulebook?
Japan has been methodically tightening its crypto framework: stablecoins are governed by amendments to the Payment Services Act, with issuance and custody rules in place; and policymakers have discussed domestic crypto ETFsalongside the FIEA reclassification, though timelines remain cautious compared with the U.S. and Hong Kong. Legal and media reporting in 2024–2025 noted the cautious stance and the need for further legal tweaks before ETFs proliferate.
Action checklist for investors in 2025
- File under today’s rules. Until any new law is in force, plan for progressive‑rate miscellaneous incometreatment, and the 10% inhabitant tax, for taxable events (sales, swaps, spending). Keep complete trade and wallet logs.
- Track the reform timeline. Watch for FSA consultation updates, the 2026 Diet bill, and draft cabinet orders that define asset categories, loss carryforward mechanics, and withholding/reporting—especially if you use Japanese exchanges or brokered custodians.
- Mind cross‑border data sharing. If you are a non‑resident using Japanese platforms (or vice versa), assume expanded information exchange under the new reporting systems. Structure wallets and accounts accordingly.
- For companies: verify whether your holdings qualify for the unrealized‑gain relief (continuous‑holding carve‑outs); confirm valuation and disclosure policies with your auditor.
- Keep an eye on NTA FAQs. Expect updated Q&A shortly after any law passes. These documents (even in Japanese) are the practical playbook auditors use.
Bottom line
Japan is not simply trimming rates—it’s re‑platforming how crypto fits into the financial system. If the FIEA reclassification and ~20% separate taxation move forward, investors would gain clearer, simpler rules and the ability to carry losses forward, while markets gain securities‑style integrity tools. For now, taxpayers should continue filing under the current progressive regime, prepare documentation to NTA standards, and watch for the 2026 bill that would turn this blueprint into law.