From 1 January 2026, the European directive DAC8 and the OECD standard CARF (Crypto-Asset Reporting Framework) require crypto service providers to carry out automatic reporting of their clients' transactions. The first automatic exchange between tax authorities is scheduled for 30 September 2027 (2026 data). 75 jurisdictions have committed. In practice, the declaration of foreign crypto accounts (form 3916-bis) remains mandatory; DAC8 simply makes it verifiable.
DAC8 (EU Directive 2023/2226) and CARF (Crypto-Asset Reporting Framework, the 2022 OECD standard) are the two pillars of a new regime of crypto tax transparency. Modelled on the automatic exchange of banking information (CRS), they require crypto-asset service providers (CASP) to report the identity, tax residence and transactions of their clients to the tax authorities of their country of establishment.
Timeline: entry into application on 1 January 2026. First automatic exchange between tax authorities: 30 September 2027, covering 2026 data. 75 jurisdictions have committed to the CARF process (EU, US, UK, Singapore, etc.).
For French tax residents, the declaration of foreign crypto accounts via form 3916-bis remains mandatory (French Tax Code, art. 1649 A). DAC8 does not remove this obligation; it simply makes it verifiable end to end. Holders of undeclared crypto face a tax reassessment going back 10 years, plus surcharges of up to 80%.
Extends the automatic exchange of tax information to crypto-assets within the EU.
A global framework complementing DAC8, covering jurisdictions outside the EU.
The obligation to declare foreign crypto accounts remains in place and becomes verifiable.
A distinct regime depending on whether holding is occasional private management or habitual / professional activity.
Given the automatic exchange of September 2027, the window for achieving compliance is short.
The first automatic exchange will take place on 30 September 2027, covering 2026 data. The tax authorities will then automatically receive the list of all transactions carried out by their residents on foreign crypto platforms. A full audit and a preventive voluntary disclosure are essential before that date.
Map all platforms used (Binance, Coinbase, Kraken, Crypto.com, etc.) and all non-custodial wallets held. Check the jurisdiction of each platform. Identify those subject to DAC8/CARF, which means all or nearly all platforms established in the 75 committed jurisdictions.
If foreign crypto accounts were not declared via form 3916-bis in past years, corrective returns must be filed for the 10 non-time-barred years (French Tax Procedure Code, art. L.169 para. 5). A voluntary disclosure made BEFORE the automatic exchange makes it possible to negotiate a surcharge reduced to 40% instead of 80%.
Reconstruct the traceability of the funds that fed the wallets (bank transfers, mining income, purchases on legacy platforms, etc.). This documentation is essential in order to: (i) substantiate the acquisition cost in the event of a capital gain, (ii) dispel any suspicion of money laundering under the AMLA framework.
Review of the wealth structures in place (holding companies, trusts, foundations) to ensure they remain tax neutral under the new transparency regime. For Franco-Swiss profiles, the interaction between tax residence, foreign platforms and reporting obligations warrants a specific audit.
Jonathan Bensaid, founding lawyer of the firm, admitted to the Paris & Geneva Bars, advises crypto holders, family offices and platforms on DAC8/CARF compliance, voluntary disclosures (3916-bis), litigation defence, and tax optimisation (progressive scale vs flat tax, private management vs habitual activity qualification).
No. The reporting obligation via form 3916-bis (French Tax Code, art. 1649 A) remains fully applicable. DAC8 merely strengthens the audit capacity of the tax authorities by automatically transmitting the data from your foreign platforms to them. In practice, the tax authorities will know through cross-checking if you have failed to declare certain wallets, hence the urgency of regularising before the first exchange (September 2027).
DAC8 covers all crypto-asset service providers (CASP) established in the EU and authorised under the MiCA regulation. CARF covers providers established in the 75 committed jurisdictions (US, UK, Switzerland, Singapore, Japan, etc.). In practice, nearly all major global platforms are covered by one or the other framework. The only residual blind spots concern a few opaque tax jurisdictions, which are already targeted by other anti-money-laundering measures.
For an individual engaged in occasional private management: a 30% flat tax (12.8% income tax + 17.2% social levies) on capital gains, under article 150 VH bis of the French Tax Code. An option for the progressive scale is available where advantageous. For a habitual or professional activity: BNC qualification, taxation at the progressive scale with possible allowances. Mining generates BNC income at the value of the crypto received. Crypto-to-crypto exchanges remain tax neutral (only conversion into fiat currency triggers the taxable event).
Immediate voluntary disclosure, before the automatic exchange of September 2027. Process: (1) a letter to the tax office setting out the situation, (2) filing of the missing 3916-bis forms for the 10 non-time-barred years, (3) corrective 2042 returns for any capital gains, (4) payment of the taxes due plus interest and a surcharge negotiated down to 40% (instead of 80% in the event of a tax audit). The final cost is divided by 4 to 10 depending on the profile.
No. Switzerland has taken part in the CRS since 2017 for bank accounts, and has announced its adherence to CARF from 2027. Swiss crypto platforms (Bitcoin Suisse, SEBA, etc.) will therefore be subject to automatic reporting to France for their clients who are French tax residents. There will be no such thing as crypto banking secrecy, exactly as banking secrecy was dismantled for non-residents from 2018.
Related resources on foreign accounts, the AMLA and the taxation of digital wealth.
Forms 3916, penalties, CRS exchange, voluntary disclosure.
Voir la page Related articleEU Regulation 2024/1620: the convergence of financial transparency frameworks.
Voir la page Area of expertiseResidence criteria, reporting obligations, treaty-based optimisation.
Voir la page Lead counselPartner in charge of crypto, tax transparency and voluntary disclosure matters.
Voir la pageConfidential initial consultation. Audit of the platforms used, voluntary disclosure where appropriate, optimisation of the wealth structuring, litigation defence in the event of a tax reassessment.
Written by
Me Jonathan Bensaid, avocat fiscaliste, fondateur du cabinet Bensaid Avocats, inscrit aux Barreaux de Paris & Genève.
© BENSAID Avocats — The information published on this website does not constitute legal advice. Sources: EU Directive 2023/2226 of 17 October 2023 (DAC8); OECD Crypto-Asset Reporting Framework standard (CARF, 10 October 2022); EU MiCA Regulation 2023/1114; French Tax Code art. 1649 A (declaration of foreign accounts), art. 150 VH bis (flat tax on crypto capital gains); French Tax Procedure Code art. L.169 para. 5 (10-year reassessment period). Editorial update: 27 March 2026.