涉外律师解读：卢森堡区块链与加密货币法律法规核心要点

Group 1 - Luxembourg has established itself as a leading jurisdiction for blockchain and digital assets, characterized by a forward-looking regulatory framework, robust financial infrastructure, and a clear national digital strategy [2][3] - The country attracts major international institutions like Coinbase and XRP, as well as the European Investment Bank and the World Bank for blockchain bond issuance, due to its innovation-friendly legal environment, strong financial infrastructure managing €600 billion in cross-border investment fund assets, and an open industry ecosystem [3] - Luxembourg's digital asset ecosystem includes 123 international banks and a significant presence of top private equity firms, facilitating deep integration between digital assets and traditional finance [3] Group 2 - Luxembourg has developed a dual-layer regulatory framework that combines domestic legislation with EU regulations, ensuring both legal foresight and cross-border compliance [4] - The country has progressively enhanced its legal foundation for digital assets through four blockchain laws, starting with the Blockchain I Law in 2019, which recognized the legality of distributed ledger technology (DLT) in securities circulation [5] - The Blockchain IV Law, set to be implemented in 2024, introduces a "control agent" system to enhance operational efficiency and reduce reconciliation risks in securities issuance and management [5] Group 3 - Luxembourg applies three core regulations from the EU's Digital Finance Package, including MiCAR, which categorizes unregulated crypto assets into three types and imposes varying compliance requirements [6][7] - The DLT pilot regime allows market infrastructure to be exempt from certain financial regulations for six years, facilitating the use of DLT in securities trading and clearing [7] - DORA establishes comprehensive rules for ICT risk management and digital security compliance for crypto asset service providers [7] Group 4 - Luxembourg does not have specific tax legislation for crypto assets, but existing tax laws apply, with clear distinctions based on asset nature, holding period, and transaction type [8] - Individuals face a marginal tax rate of 22%-25% on speculative gains from crypto assets held for less than six months, while capital gains from assets held longer are generally tax-exempt [9] - Corporate tax rates for crypto asset gains classified as business income are 24.94%, with provisions for deducting related expenses and losses [10] Group 5 - Luxembourg does not require specific licenses for secondary market trading of crypto assets, but compliance with AML and consumer protection rules is necessary for regulated financial services [11] - Mining activities must adhere to general legal frameworks, requiring registration and licensing for commercial operations, while income from mining is treated as business income [12] - Cross-border transactions benefit from Luxembourg's supportive stance, with no reporting requirements for single transactions over €10,000, although MiCAR mandates quarterly reporting for certain asset types [13] Group 6 - Crypto assets are considered movable property in Luxembourg and can be inherited, provided that specific requirements regarding access credentials are met [14]