#Crypto Lawyer in France: Crypto-Asset Practice in Paris

Hashtag Avocats assists investors, entrepreneurs and service providers with the legal issues raised by crypto-assets: European MiCA authorisation of crypto-asset service providers (CASPs, PSCA in French), tax on capital gains, structuring of ICOs and tokenisation projects, NFTs, DeFi and disputes. The framework has changed profoundly: since 1 July 2026, MiCA authorisation is mandatory to operate in France, and service providers must report to the tax authorities the transactions their users have carried out since 1 January 2026.

For the reporting and taxation of your crypto-assets, our crypto tax lawyer page details our support, and our guide to crypto taxation sets out the 2026 rules.

What the firm handles in crypto-assets

Service	Description	Benefits
CASP authorisation (MiCA)	Full support with the European authorisation application	Compliant and lasting operations
Crypto tax	Tax returns, lawful planning choices, regularisation	Reduced risk of a tax reassessment
ICOs & tokens	Legal structuring and classification of tokens	Regulatory certainty
Asset tokenisation	Structures for tokenisation projects	Investor protection
Crypto disputes	Representation in disputes and fraud cases	Defence of your interests
Smart contracts	Legal audit and drafting	Secure transactions
NFTs & intellectual property	Protection of digital creations	Secure IP rights
DeFi & mining	Legal and tax classification of activities	A suitable structure

MiCA and CASP authorisation in France: what changed on 1 July 2026

The European MiCA Regulation (Regulation (EU) 2023/1114) has replaced the French PSAN regime (digital asset service providers). Ordinance No. 2024-936 of 15 October 2024 (in French) adapted French law: since 1 July 2026, it is prohibited to act as a crypto-asset service provider without authorisation (Article L. 54-10-4 of the French Monetary and Financial Code (Code monétaire et financier) (in French)). The former PSAN registration is no longer sufficient.

We assist service providers through this transition: review of the structure, classification of the services provided, preparation of the authorisation application, AML/CFT procedures (KYC/KYB), governance and prudential requirements. We also assist foreign players who wish to serve the French market under the new framework. See also our page dedicated to digital asset service providers.

Crypto tax in France: reporting, planning choices, regularisation

For an individual, capital gains on disposals fall under Article 150 VH bis of the French Tax Code (Code général des impôts, CGI) (in French): taxation at the flat rate of 12.8% income tax (Article 200 C of the CGI), plus social levies, including CSG (general social contribution) at 10.6% on investment income (Article L. 136-8 of the French Social Security Code), with a possible global option for the progressive income tax scale, an exemption where annual disposals do not exceed €305, and tax neutrality of exchanges between crypto-assets without a cash adjustment. Activities carried out under professional conditions are taxed as non-commercial profits (BNC) (Article 92 of the CGI).

We advise on lawful planning choices (option for the progressive scale, timing of disposals, gifts), secure your tax returns, including the reporting of wallets held abroad, and assist our clients in the event of a tax audit or regularisation. Our detailed analyses: how to avoid the crypto flat tax and can the French tax authorities access Binance?

Tax transparency has increased considerably: since 1 January 2026, crypto-asset service providers must report to the authorities the transactions carried out by their users during each calendar year (European DAC 8 framework, Article 1649 AC bis of the CGI). Strategies based on opacity no longer have a future; those based on a precise legal classification of transactions do.

ICOs, STOs and asset tokenisation

The classification of the token determines the whole applicable regime: utility token, asset-referenced token, e-money token or financial security. We structure token issuances and tokenisation projects (real estate, funds, receivables): drafting of the white paper, choice of the issuing structure, contractual documentation, dealings with the AMF (French financial markets authority). For public offerings of tokens, see our ICO lawyer (in French) page.

NFTs, DeFi, smart contracts: securing innovation

NFTs: a non-fungible token certifies an entry on the blockchain, but does not automatically transfer the copyright in the underlying work. We draft the associated licences (commercial use, modification, resale) and defend creators and buyers in the event of infringement.

DeFi and mining: staking, lending and yield farming raise questions of legal and tax classification that depend on how the activity is carried out. We analyse each protocol and each flow to determine the applicable treatment. Smart contracts: we audit the consistency between the code, the contractual documentation and the regulatory obligations.

Crypto disputes and asset recovery

We represent victims of crypto-asset fraud (fake investments, hacks, rug pulls): criminal complaints, protective measures, civil actions, reports to the authorities. We also act in crypto tax disputes and in disputes between shareholders or partners in blockchain projects. On-chain traceability, when properly used, is often a decisive source of evidence.

Our approach

Our team combines legal practice with a technical understanding of blockchain mechanisms. We analyse smart contracts and protocols by assessing their actual technical and legal implications. Our fees are set transparently, in advance. We call on a network of experts (tax specialists, auditors, blockchain developers) when the matter requires it.

Frequently asked questions

What are the obligations for launching a crypto project in France in 2026?

It all depends on the nature of the project. Providing services on crypto-assets (custody, exchange, execution of orders) has required MiCA authorisation since 1 July 2026. Token issuance follows its own rules depending on the token’s classification. A simple project using the blockchain without any crypto-asset service may fall outside the authorisation requirement, but remains subject to general law. The classification analysis is the first step.

How are an individual’s crypto capital gains taxed in France?

At the flat rate of 12.8% income tax, plus social levies, with a possible global option for the progressive income tax scale. Disposals whose annual total does not exceed €305 are exempt, and crypto-to-crypto exchanges without a cash adjustment are not taxable. Gains are reported every year with the income tax return.

What is the difference between a utility token and a financial security?

A utility token gives access to a service or a platform. A financial security confers economic or voting rights comparable to those of a share or a bond: it then falls under securities regulation, which is much stricter. The classification is assessed case by case, on the token’s actual characteristics.

Must staking or yield farming income be reported?

Yes. Its tax treatment depends on how the activity is carried out: passive or organised activity, regularity, nature of the consideration. Depending on the case, gains fall under the individual regime upon disposal or under non-commercial profits (BNC). An individual analysis is essential.

Can the French tax authorities see my crypto transactions?

Yes. On-chain transactions are public and permanent, and crypto-asset service providers report to the authorities the transactions their users have carried out since 1 January 2026 (DAC 8 framework). Wallets held abroad must also be reported every year. It is better to report and, in the event of a past error, to regularise.

Official sources

• Ordinance No. 2024-936 of 15 October 2024 on markets in crypto-assets (adaptation of Regulation (EU) 2023/1114, MiCA): Légifrance (in French)
• Articles L54-10-1 to L54-10-7 of the French Monetary and Financial Code, crypto-asset service providers: Légifrance (in French)
• Article 150 VH bis of the French Tax Code, taxation of capital gains on crypto-assets: Légifrance (in French)
• Articles 1649 AC bis et seq. of the French Tax Code, reporting of transactions by service providers (DAC 8): Légifrance (in French)

Law in force as at 6 July 2026. This content provides general information and does not constitute legal advice. Every situation is different: contact our team for a review of your blockchain or crypto project.