Can cryptocurrency be used for payment of services in France? A legal perspective

Corporate law
cryptomonnaie

On April 26, 2023 By Benoît LAFOURCADE and Kevin POUJOL

Cryptocurrencies have gained significant popularity as a means of payment worldwide, with more and more people using them for various transactions. In France, the use of cryptocurrencies for the payment of services is a topic of growing interest. This article will discuss the legal status of using cryptocurrencies for payment of services in France and address potential challenges and opportunities of this area.

  1. Legal status of cryptocurrencies in France: cryptocurrencies are recognized as digital assets, and their use for transactions is permitted under certain conditions (article L. 54-10-1 of the French Monetary and Financial code).
  2. Regulatory framework for cryptocurrencies: In order to protect consumers and prevent illicit activities, France has implemented a regulatory framework for cryptocurrency service providers, such as digital asset exchanges and wallet providers. They must register with the Autorité des marchés financiers (AMF) and comply with anti-money laundering and counter-terrorism financing regulations (articles L. 54-10-2 and seq. of the French Monetary and Financial code).
  3. Use of cryptocurrencies for payment of services: While cryptocurrencies are not legal tender, businesses in France can choose to accept them as a form of payment for their services, provided they comply with the applicable laws and regulations. This means that both parties involved in the transaction must be willing to use cryptocurrency as a means of payment, and the business must comply with the regulatory requirements, such as KYC (Know Your Customer) and AML (Anti-Money Laundering) obligations.
  4. Tax implications of using cryptocurrencies for payment of services: Cryptocurrency transactions are subject to taxation in France. Businesses accepting cryptocurrencies as payment for services are required to report their earnings in cryptocurrency and pay taxes accordingly. The tax treatment depends on the nature of the transaction, and it is recommended to consult a tax advisor to ensure compliance with the French tax regulations.
  5. Challenges and opportunities in using cryptocurrencies for payment of services: While there are opportunities for businesses to accept cryptocurrencies for payment of services, it is important to consider the challenges, such as volatility in the value of cryptocurrencies, potential security risks, and regulatory compliance requirements. However, businesses that successfully navigate these challenges may benefit from increased customer reach, lower transaction fees, and faster payment processing.

Conclusion: 

Cryptocurrencies can be used for the payment of services in France, provided that businesses comply with the applicable laws and regulations. Although there are challenges in adopting cryptocurrencies as a means of payment, businesses that successfully navigate the legal and practical aspects can potentially benefit from this innovative payment option. It is recommended to seek legal and financial advice to ensure compliance with the French regulatory framework when using cryptocurrencies for payment of services.

Benoît Lafourcade
Benoît LAFOURCADE Co-founder & partner
Kevin Poujol
Kevin POUJOL Counsel

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