Court ruling classifies active crypto trading as business activity: key implications for investors

An arbitration court has issued a landmark decision, classifying frequent cryptocurrency transactions conducted through personal bank accounts as entrepreneurial activity. This allows tax authorities to reclassify such income under the simplified tax system (STS at 6% or 15%) instead of personal income tax (PIT at 13%).

Case Details

• An individual conducted ₽140M in annual crypto transactions via personal accounts.
• Tax authorities reclassified 2/3 of the volume as business income, resulting in ₽5M in additional taxes.
• The court upheld this decision, citing:
• Transaction volume (hundreds of trades)
• Use of 90+ bank accounts
• Involvement of third parties
• Short-term trading nature (speculative activity, not long-term investing).

Why This Matters for Crypto Traders & P2P Platforms

Active traders and peer-to-peer exchangers may now face business activity requirements, including:

✔ Higher taxes (6% STS or 15% profit-based rate vs. 13% PIT)

✔ Mandatory registration as self-employed or sole proprietors

✔ Account freeze risks for undeclared transactions

Recommended Actions

1. Assess trading volume – Frequent/large transactions may require formal business registration.
2. Separate finances – Avoid using personal accounts for trading.
3. Maintain records – Document income/expenses to optimize tax liabilities.

How We Can Help

ACSOUR provides end-to-end compliance solutions for crypto traders and P2P operators:

1. Transaction audit – Assess reclassification risks.
2. Tax optimization – Advise on PIT vs. STS vs. self-employment structures.
3. Legal formalization – Business registration, reporting, and tax dispute support.
4. Compliance advisory – Mitigate account blocking risks.

Proactive compliance is critical. Our experts will help align your operations with regulatory requirements—contact us today for a risk assessment.