Issue: № 2, 2026
Doi: https://doi.org/10.37634/efp.2026.2.12
The paper investigates tax risks arising in the taxation of cryptocurrency transactions in Ukraine and in the broader international context. It substantiates that the absence of a unified legal qualification of cryptocurrencies significantly complicates the identification of the taxable object, the determination of the tax base, and the establishment of the moment at which tax liabilities arise. The paper highlights key challenges associated with the high volatility of digital assets, the insufficient transparency of transaction recording mechanisms, the complexity of verifying the origin of crypto assets, and the increased risks of tax evasion. Particular attention is devoted to the transnational nature of cryptocurrency circulation, which creates favorable conditions for tax arbitrage, regulatory fragmentation, and manipulation of tax residency. These phenomena weaken the effectiveness of national tax systems and generate additional threats to fiscal stability. It is argued that existing regulatory approaches in many jurisdictions remain fragmented and inadequately adapted to the specific features of decentralized digital technologies. The paper identifies priority directions for mitigating tax risks, including the harmonization of national legislation with international standards, the development of a coherent and unified model for the taxation of digital assets, the improvement of financial monitoring mechanisms, and the enhancement of transparency in cryptocurrency-related transactions. The paper concludes that only a systematic, balanced, and coordinated approach to the legal regulation of the cryptocurrency market is capable of ensuring tax certainty, strengthening compliance, and reducing risks both for the state and for market participants.
Keywords : cryptocurrency, digital assets, taxation, tax risks, tax planning, financial monitoring, tax legislation, cryptocurrency transactions, tax control, digital market regulation
References:
1. Blinov A.V. Global trends in the formation and regulation of the cryptocurrency market. Bulletin of Sumy State University. Economics Series. 2020. No. 1. pp. 7–15. URL: http://doi.org/10.21272/1817-9215.2020.1-1. URL: https://essuir.sumdu.edu.ua/handle/123456789/77030 (in Ukrainian)
2. Zavada T.Y. Defining the concept of the “cryptocurrency market” in the financial and legal aspect. Scientific Notes of Lviv University of Business and Law. Economic Series. Legal Series. 2022. Issue 35. P. 264–272. URL: http://doi.org/10.5281/zenodo.7993439 (in Ukrainian).
3. Spilnyk I., Yaroshchuk O. Institutionalization of cryptocurrency: regulation, legal status, accounting and taxation. International Scientific Journal. 2020. Issue 2. pp. 81–92. URL: http://ibo.wunu.edu.ua/index.php/ibo/article/view/481 (in Ukrainian).
4. Makurin A.A. Legalization of cryptocurrency and reflection of digital assets in accounting. Market Infrastructure. 2020. No. 49. URL: http://www.market-info.od.ua/49-2020 (in Ukrainian).
5. Karashchuk O.O. How to tax cryptocurrency in Ukraine. LIGA ZAKON. 2024. URL: https://jurliga.ligazakon.net/analitycs/227749_yak-opodatkovuvati-kriptovalyutu-v-ukran (in Ukrainian)
6. Pererva P.H., Mekhovych Ye.S. Research on the current state and structure of the cryptocurrency market. Digital tools and information technologies in the development of Ukraine’s economy: strategic approaches to transformation: coll. monograph. Riga, 2025. pp. 47–91. URL: https://repository.kpi.kharkov.ua/handle/KhPI-Press/96573 (accessed: 15.02.2026). (in Ukrainian)
7. Shepel I. Cryptocurrency in the taxation system: new realities and approaches. Economy and Society. 2024. No. 68. URL: https://doi.org/10.32782/2524-0072/2024-68-94 (in Ukrainian).
8. Cryptocurrency taxation. URL: https://blog.whitebit.com/uk/crypto-taxes/ (in Ukrainian)
9. Rekhlytskyi M. Virtual assets: what they are and why we need their legislative regulation. Legal Newspaper Online. 2020. No. 10 (716). URL: https://yur-gazeta.com/publications/practice/informaciyne-pravo-telekomunikaciyi (in Ukrainian).
10. Ostroverkh L.L., Narohan V.V. Cryptocurrency as a full-fledged participant in the country’s payment system: reality or illusion? Economics. Finances. Law. 2019. No. 7(2). pp. 24–29. URL: http://nbuv.gov.ua/UJRN/ecfipr_2019_7%282%29__7 (in Ukrainian).
11. Convention between the Government of Ukraine and the Government of the United Kingdom on the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital. Official Bulletin of Ukraine. 1994. No. 3. Art. 61. URL: https://zakon.rada.gov.ua/laws/show/826_648#Text (in Ukrainian)
12. OECD. BEPS Action 1: Addressing the Tax Challenges of the Digital Economy. Paris, 2015. URL: https://www.oecd.org/tax/beps/beps-actions/action1/
13. Kolydas A. et al. Use of cryptocurrency and its relationship with tax evasion in the Greek economy. Journal of European Economy. 2025. Vol. 24, No. 4. pp. 716–748. URL: https://jeej.wunu.edu.ua/index.php/ukjee/article/view/1906 (in Ukrainian).
14. Taxation matrix proposed by the National Securities and Stock Market Commission of Ukraine. URL: https://www.nssmc.gov.ua/wp-content/uploads/2025/04/matrytsia-opodatkuvannia-va-1.pdf (in Ukrainian).