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Is crypto legal in Austria?

Yes, crypto is legal in Austria. The FMA licenses crypto firms under MiCA and the MiCA-VVG, and bitcoin mining is legal and treated as taxable income.

Regulation and who is in charge Illustration: Cryptoweek

Yes, crypto is legal in Austria. People can buy, hold, trade and sell bitcoin and other crypto, and firms that provide crypto services must hold authorisation under the EU's Markets in Crypto-Assets regulation (MiCA). As of October 2026, the FMA is the authority that grants those licences.

Is bitcoin legal in Austria?

Yes. Bitcoin can be owned and used, but it is not money in the legal sense. The Finance Ministry's tax guidance defines crypto as an asset that does not have the legal status of a currency or money and is not issued or guaranteed by a central bank. The euro has been Austria's only legal tender since 2002. Shops may accept bitcoin by agreement, but they do not have to.

Is crypto trading legal in Austria?

Yes. The licensing rules target businesses that provide crypto services to others. Austria passed the MiCA-VVG in 2024 to apply the EU rules nationally. It names the FMA as the competent authority, gives it supervisory and sanction powers, and lets banks that meet MiCA's conditions offer crypto services under their existing licence, according to the Austrian Parliament.

The Finance Ministry said in July 2024 that from December 30, 2024, a provider licensed in Austria can serve clients across the EU instead of registering in each country. Firms already active under the earlier national rules could continue for 12 months, a period that ended on December 30, 2025, according to ESMA's list of transition periods. Our guide to MiCA explains the EU framework.

Gains from selling crypto are taxed at a special rate, explained in how crypto is taxed in Austria.

Is bitcoin mining legal in Austria?

Yes. Mining is not banned, and the Finance Ministry has specific tax rules for it. Coins you mine yourself count as ongoing income from crypto obtained through a technical process. If mining goes beyond managing your own assets, it is treated as business income and taxed at progressive income tax rates rather than the special rate. Mining is not subject to VAT, because there is no identifiable customer for the service, the ministry says, citing the EU Court of Justice's Hedqvist ruling.

Miners also follow ordinary energy, business and planning rules. For a wider look at mining laws, see is crypto mining legal.

Rules differ by country and change often. Check the regulator or a qualified professional for your own situation.

This guide explains how things work. It is not financial, legal or tax advice. Last updated .