In line with the report by the Supreme Courtroom of Cassation within the newest ruling on January 15, 2025, crypto usually are not thought-about as doubtlessly seizable property.
The truth is, digital currencies like Bitcoin don’t but have a authorized worth in Italy and subsequently can’t be seized prematurely by the tax authorities in case of tax evasion.
This interpretation may, nonetheless, bear future revisions in gentle of the adoption of the MiCAR Regulation, which introduces a clearer and extra rigorous regulatory framework for the administration of crypto-assets.
Let’s see all the main points under.
Judgment no. 1760/2025 of the Cassazione: crypto can’t be seized
Wednesday, January 15, 2025, the Supreme Courtroom of Cassation dominated on the problem of tax crimes, stating that crypto usually are not thought-about seizable.
With the ruling n.1760/2025 it was established that the precautionary measure of preventive seizure of crypto property will not be official within the case of tax evasion.
This resolution by the Cassazione is motivated by the truth that digital currencies like Bitcoin would not have authorized tender standing in Italy and usually are not acknowledged as a way of cost with liberating results. They don’t seem to be topic to the laws governing the circulation and trade of currencies legally acknowledged by the State.
Cryptocurrencies certainly signify a “digital worth” not assured by the train of authoritative powers of a central financial institution or a public entity.
Their citation will not be consequently correlatable to the pattern of the euro, which constitutes the fiat foreign money with which the identical tax debt in the direction of the Treasury is expressed.
There are additionally no establishments and/or state our bodies that may assure a secure worth of crypto on the time of potential conversion into fiat.
In abstract, the conversion into digital currencies of the quantity that may be seized in euros as revenue from the violation of the fiscal laws is illegal.
Due to this fact, within the case of a tax offense, the tax authorities can not enchantment to the crypto property of the suspect with the latter being finally outlined as non-seizable.
This interpretation by the Cassazione has sparked many controversies concerning the authorized place of crypto in Italy, regardless of their rising worldwide adoption.
The lawyer and YouTuber Angelo Greco has printed a brief video on the topic, highlighting how because of crypto one can virtually handle to keep away from paying taxes!
MiCAR and regulation of crypto actions: potential future implications
Clearly, the choice of the Cassazione to point crypto as property that aren’t seizable within the case of a tax crime may change considerably sooner or later.
Presently, digital tokens would not have authorized worth in Italy, however with the arrival of the MiCAR (Markets in Crypto-Belongings Regulation), it’s attainable that they are going to be handled otherwise within the case of economic crimes.
This regulation is aimed exactly at regulating crypto-assets, providing better transparency, safety, and safety to the market and traders.
Moreover, with the newest Legislative Decree 129/2024, new guidelines have been launched to adjust to MiCAR, establishing a transparent authorized framework for the crypto sector.
This might lead the Cassazione to overview the administration of the probative seizure in circumstances of crimes towards the Italian tax authorities.
Nothing unusual in case you contemplate that the cryptocurrency market is price 3.5 trillion {dollars}, greater than the GDP recorded by Italy in 2023 (2.255 trillion euros).
Bitcoin and all different crypto property have gotten more and more in style within the eyes of small and huge traders, and consequently, it’s probably that they are going to begin to be handled otherwise from a authorized and tax perspective.
Moreover, after the latest entry into the sector by the financial institution Intesa San Paolo, it’s attainable that the establishments will likely be compelled to intervene on this regard.
The judiciary may supply new interpretations at any second, legalizing crypto as authorized tender and accepting their probative sequesterability.
At that time, solely crypto property held in full anonymity, regardless of it being unlawful to not declare their possession, will nonetheless be not possible to grab.
This clearly applies so long as the identical crypto usually are not found by the tax authorities, in a fashion akin to undeclared money, with the applying of heavy penalties.
How you can enhance privateness and make your digital property non-seizable
Past the long run rulings of the Courtroom of Cassation, crypto will all the time be not possible to grab if their possession is unknown.
As you effectively know, nonetheless, digital cash are “pseudo-anonymous,” which means they’re thought-about nameless till the holder publicly reveals their id.
There are a number of strategies for growing the privateness element and successfully making it not possible to affiliate a worth in crypto with one’s property.
Initially, it’s clear that so long as cryptocurrencies are bought and held on CEX with full KYC verification, it stays not possible to ensure non-traceability.
As an alternative, if they’re bought via P2P trade or on exchanges that don’t require KYC, we have already got a superb start line.
Then, if the identical crypto are saved on a personal pockets of which no hint has ever been left on-line (e.g., deposit on CEX, reference to centralized apps), one’s privateness is considerably improved.
Holding Bitcoin or different digital property in an pockets that’s undeclared and unknown to the Income Company makes it certainly complicated, if not not possible, for the Tax Authority to affiliate the possession with a bodily and/or authorized particular person.
In consequence, it appears tough to suppose that the State can set up a preventive seizure the place there aren’t any components for the sequesterability, particularly within the absence of competent our bodies and establishments.
This case turns into much more complicated in case you contemplate that the particular person beneath investigation for evidentiary offense, even within the case of detection of crypto possession by the ADE, may simply declare that they don’t have entry to the personal keys of the pockets.
We remind you, nonetheless, that omitting the possession of crypto through the tax declaration is against the law punishable by administrative and legal penalties. With this text, we don’t wish to present “directions” to omit your tax obligations. Moderately, we wish to spotlight the incompatibility of potential seizure measures with the present detection and traceability methods of crypto actions.