Here are the common entry points, right at the top: Binance Official Site, Official Binance App, and the iOS Installation Guide. There is currently no dedicated tax provision covering individual crypto trading in mainland China, but in 2024-2025 several regional tax bureaus began citing the "income from the transfer of property" clause in the Individual Income Tax Law to collect individual income tax on crypto gains, at a rate of 20% on the gain. Beyond individual income tax, crypto trading also touches anti-money-laundering compliance, bank card freezes, and criminal law exposure under statutes like "aiding information network crimes." This article systematically works through six dimensions: legal status, tax policy, how to file, bank risk controls, and judicial cases.
Mainland Chinese authorities classify crypto as a "virtual commodity" rather than a currency or security: individual holding is legal, institutional operation is banned, and RMB conversion channels are tightly restricted. This classification stems from three key regulatory documents: the People's Bank of China and four other agencies' 2013 "Notice on Guarding Against Bitcoin Risks," the nine-agency 2017 "ICO ban," and the ten-agency 2021 "Notice on Further Preventing and Handling the Risks of Speculation in Virtual Currency Trading."
The table below is a chronological summary of the core regulatory documents governing crypto in mainland China:
| Date | Document | Main content | Impact |
|---|---|---|---|
| December 2013 | Five agencies' "Notice on Guarding Against Bitcoin Risks" | Classified Bitcoin as a virtual commodity, not to circulate as currency | Established the "virtual commodity" classification |
| September 2017 | Seven agencies' ICO ban | Banned token issuance fundraising | Domestic exchanges relocated overseas |
| September 2021 | Ten agencies' "9/24 Notice" | Classified offshore exchanges serving mainland Chinese residents as illegal financial activity | Major exchanges blocked mainland China IPs |
| February 2022 | Revised Supreme People's Court interpretation on illegal fundraising crimes | Brought crypto pyramid schemes under illegal fundraising | Tighter judicial enforcement |
| September 2023 | Supreme People's Court judicial interpretation | Some rulings recognized Bitcoin's property attributes | Individual crypto holdings gained a degree of judicial property protection |
| November 2024 | State Taxation Administration notice on individual income tax collection | Multiple regions began collecting individual income tax on crypto gains | Tax enforcement started taking effect |
The legal status of individual crypto holding in mainland China can be summed up in four points:
The table below compares mainland China's crypto legal status with other major jurisdictions:
| Country/Region | Legal classification | Individual trading legal | Institutional operation legal | Tax |
|---|---|---|---|---|
| Mainland China | Virtual commodity | Gray zone | Banned | Gray zone, enforcement starting |
| Hong Kong | Virtual asset | Legal | Licensed | Capital gains tax-exempt |
| United States | Property | Legal | Licensed | Capital gains 0%-37% |
| Japan | Crypto asset | Legal | Licensed | Comprehensive income 5%-45% |
| Singapore | Digital payment token | Legal | Licensed | Capital gains tax-exempt |
| Germany | Private money | Legal | Licensed | Tax-exempt after holding 1+ year |
| United Kingdom | Crypto asset | Legal | Licensed | Capital gains 10%-20% |
| South Korea | Virtual asset | Legal | Licensed | 20% on gains (starting 2027) |
China's current Individual Income Tax Law has no dedicated "crypto tax" provision, but tax authorities cite the "income from the transfer of property" clause to tax individual crypto gains. The tax rate on income from property transfer is a flat 20%, and the taxable amount is calculated as "sale price - purchase price - reasonable transaction costs."
Under the current policy framework, crypto-related income breaks down under tax law as follows:
| Income type | Applicable tax category | Rate | Enforcement difficulty |
|---|---|---|---|
| Buy/sell spread gains | Income from property transfer | 20% | Medium (traceable on-chain) |
| Mining pool income | Business income / incidental income | 5%-35% / 20% | High (needs to be matched to identity) |
| Staking / liquidity mining | Interest income / property rental income | 20% | Very high |
| Airdrop income | Incidental income | 20% | Very high |
| Salary paid in crypto | Wage and salary income | 3%-45% | Medium |
| Depositing RMB onto an exchange | Not taxable | - | - |
| Swapping between crypto assets | Treated as a sale followed by a purchase | 20% (if there's a gain) | Very high |
The State Taxation Administration has not yet issued detailed enforcement rules specific to crypto, leaving considerable room for interpretation at the regional level. Beijing, Shanghai, Zhejiang, and Guangdong have all begun enforcing individual income tax collection on crypto gains since the second half of 2024, mainly targeting high-net-worth individuals with a single gain over 500,000 RMB or annual gains over 1,000,000 RMB.
Common characteristics of actual enforcement cases:
The table below shows several publicly reported crypto tax enforcement cases from 2024-2025 (compiled from public news reports):
| Date | Location | Amount involved | Outcome | Notes |
|---|---|---|---|---|
| September 2024 | Zhejiang | ~8 million RMB in gains | Paid 1.6 million RMB in back taxes + late fees | Individual self-reported |
| December 2024 | Shanghai | ~15 million RMB in gains | Paid 3 million RMB in back taxes | Flagged by a bank transfer alert |
| February 2025 | Shenzhen, Guangdong | ~6 million RMB in gains | Paid 1.2 million RMB + a fine | Flagged by an anti-money-laundering tip |
| May 2025 | Beijing | ~24 million RMB in gains | Paid 4.8 million RMB + a fine | Exposed during a divorce asset split |
Note: all of the above cases involved large gains; there are no publicly known enforcement cases for small transactions of just a few tens of thousands of RMB. That doesn't mean small amounts are tax-exempt — it just means enforcement costs currently outweigh the tax revenue, so enforcement hasn't been initiated in practice at that scale.
There is currently no dedicated channel for proactively reporting crypto gains in mainland China — taxpayers need to file under the "income from property transfer" category during the annual individual income tax settlement. In practice, this requires the taxpayer to calculate the taxable amount themselves and retain transaction records as evidence.
The full filing process:
Comparing methods for calculating the cost basis:
| Method | Operational complexity | Tax authority acceptance | Best for |
|---|---|---|---|
| First-in, first-out (FIFO) | Medium | High | Mostly long-term holdings |
| Last-in, first-out (LIFO) | Medium | Medium | Short-term swing trading |
| Weighted average cost (WAC) | Low | High | Frequent small trades |
| Specific identification | High | High | Holding few distinct assets |
FIFO or weighted average is generally recommended, as both align with mainstream international tax filing practice and are more readily accepted by tax authorities.
The table below is a simplified example of a gain calculation (for illustration only, not tax advice):
| Trade date | Type | Amount (BTC) | Price (USDT) | Cumulative cost | Current holding |
|---|---|---|---|---|---|
| 2025-03-15 | Buy | 0.5 | 60,000 | 30,000 | 0.5 |
| 2025-06-20 | Buy | 0.3 | 65,000 | 49,500 | 0.8 |
| 2025-09-10 | Sell | 0.4 | 75,000 | (cost allocated proportionally) | 0.4 |
Under FIFO, the cost basis for selling 0.4 BTC is 0.4 × 60,000 = 24,000 USDT, the sale proceeds are 0.4 × 75,000 = 30,000 USDT, and the gain is 6,000 USDT. Converted to RMB at the applicable exchange rate, the taxable income × 20% gives the tax owed.
Bank card freezes are the practical issue mainland China crypto users run into far more often than tax questions. A temporary anti-money-laundering freeze can lock a card for 24-72 hours, while a judicial freeze can last six months or longer.
Common reasons for a bank card freeze:
| Freeze type | Trigger reason | Duration | Difficulty to lift |
|---|---|---|---|
| Bank temporary hold | Large single-day amount, frequent receipts | 24-72 hours | Low, lifts automatically |
| Anti-money-laundering hold | Funds suspected of suspicious flow | 3-30 days | Medium, requires explaining the purpose |
| Police non-freeze notice | Related to a non-freeze case | 6 months | High, requires cooperating with the investigation |
| Judicial freeze | Funds linked to a litigated case | 6+ months, renewable | Very high, depends on litigation progress |
| Preventive freeze | Flagged by an anti-fraud center | 24-48 hours | Medium, requires proof of the funds' source |
High-risk behaviors that trigger a bank freeze:
The standard process after a bank card is temporarily frozen:
Key steps for handling a judicial freeze:
| Step | Key action | Notes |
|---|---|---|
| 1. Confirm the freezing authority | Query the bank to find the responsible police authority | Often an authority in another region |
| 2. Proactively contact the investigating officer | Submit your ID and bank statements | To prove you're not involved in the case |
| 3. Provide a complete funding trail | Deposit source + withdrawal destination | On-chain records are especially important |
| 4. Cooperate with the investigation questioning | Truthfully explain your crypto trading history | Not an admission of wrongdoing |
| 5. Apply to be unfrozen | Confirmed non-involvement by the investigating authority | Typically takes 1-3 months |
Key point: being subject to a judicial freeze does not mean you've broken the law. In mainland China's judicial practice, a large share of frozen accounts are ultimately found to be uninvolved in any case after review, though the unfreezing process is lengthy and disruptive. The best prevention is reducing the frequency and amount of C2C trading and keeping complete transaction records.
In mainland China's judicial practice, crypto-related cases mainly fall under four categories of charges, with "aiding information network criminal activity" being the most commonly associated charge.
| Charge | Trigger scenario | Sentencing range | Frequency in practice |
|---|---|---|---|
| Aiding information network criminal activity (Article 287-2) | Providing a bank card / funding channel | Up to 3 years + a fine | High |
| Concealing or disguising criminal proceeds (Article 312) | Knowingly exchanging funds linked to a crime | Up to 3 years / up to 7 years | Medium |
| Illegal business operation (Article 225) | Large-scale OTC merchant activity | Up to 5 years / 5+ years | Medium |
| Organizing or leading a pyramid scheme (Article 224-2) | Crypto pyramid schemes | Up to 5 years / 5+ years | Medium |
Key points in how the "aiding" charge is applied in practice:
Core ways ordinary users can avoid criminal exposure:
| Risk point | Specific behavior | How to avoid it |
|---|---|---|
| C2C seller reputation | Choose sellers with a large order count and 99%+ positive feedback | Don't chase below-market prices |
| Source of funds | Use your own legitimate funds | Don't receive or send funds on behalf of others |
| Transfer memo | Avoid sensitive keywords | Leave it blank or write something generic like "purchase" |
| Frequency control | No more than about 5 transactions a month | Stay under anti-money-laundering thresholds |
| Seller identity | Use verified, real-name users | Avoid trading OTC with strangers |
| Funding path | Keep deposits and withdrawals clearly matched | Makes it easy to prove your innocence if investigated |
A typical trap: some groups that advertise "buying USDT at a premium" are actually laundering channels for funds tied to a case upstream. The seller offers a price above market to attract retail sellers, and afterward the seller's bank card gets frozen and they get summoned by police. Be wary of any OTC quote more than 1% above the market price.
Given the uncertainty around crypto tax enforcement, mainland Chinese residents might consider a gradual, staged approach to compliance:
Entry-level path: keep records + trade in small amounts
Intermediate path: regular proactive filing
Advanced path: cross-border compliance structuring
The table below compares the cost and use case of the three paths:
| Path | Capital threshold | Compliance cost | Risk level | Best for |
|---|---|---|---|---|
| Entry-level (small, documented trades) | None | Low | Medium | General retail users |
| Intermediate (proactive filing) | None | Medium | Low | High-net-worth individuals |
| Advanced (cross-border structuring) | $1 million+ | High | Very low | High-net-worth individuals with overseas plans |
Q: Is it illegal to hold Bitcoin in mainland China? Holding is not illegal. Multiple court rulings recognize Bitcoin's status as virtual-commodity property. Institutional crypto business is banned, but individual holding, transferring, and trading with offshore exchanges under KYC sits in a legal gray zone. The Market News section on this site has a more in-depth legal discussion.
Q: Do you have to pay tax on buying and selling crypto? The current Individual Income Tax Law has no dedicated provision, but tax authorities cite "income from property transfer" to tax crypto gains at 20%. In practice, small retail transactions haven't triggered enforcement yet, but high-net-worth individuals with annual gains over 500,000 RMB have seen multiple enforcement cases in 2024-2025.
Q: The exchange didn't give me a tax receipt — how do I file? Offshore exchanges like Binance won't provide a receipt recognized by Chinese tax authorities. Taxpayers need to export their own transaction records from the exchange, calculate the cost basis using FIFO or weighted average, and fill out the "Individual Income Tax Self-Declaration Form" themselves.
Q: Do you pay tax on swapping between USDT and other stablecoins? Swapping USDT for USDC or similar stablecoins is, in theory, a sale followed by a purchase, and any gain from a rate difference is taxable. In practice, since the price difference is tiny, it almost never produces meaningful taxable income, and in practice this rarely draws any tax attention.
Q: Does mining income count? Mining income is taxed as "business income" or "incidental income." China's National Development and Reform Commission classified crypto mining as an industry to be phased out back in September 2021, and domestic mining has been fully cracked down on. Income from overseas mining brought back into China still needs to be filed as "business income" or "interest, dividend, and bonus income."
Q: Do you need to pay tax when transferring USDT between friends? A gift doesn't generate taxable income. But if it's characterized as a "commodity exchange" or a "loan," different tax categories may apply. The nature of the transaction is what matters: a pure gift isn't taxed, but a large amount may be flagged as a suspicious transaction and trigger an anti-money-laundering review.
Q: What should you do if the tax authority investigates you? Cooperate fully. Provide complete transaction records, bank statements, and on-chain hashes to help the tax authority verify the details. Cooperating proactively usually leads to more lenient treatment, including reduced or waived late fees and fines. Refusing to cooperate or destroying records can escalate the case to tax evasion and administrative penalties.
Q: Can tax authorities trace on-chain transfers? Yes. All blockchain transactions are publicly visible, and professional on-chain analytics firms (Chainalysis, Elliptic, TRM Labs) already work with tax authorities in multiple countries. A withdrawal address from a KYC'd exchange can be linked to a specific identity, and the full on-chain transaction history is traceable.
Q: Can opening an account in Hong Kong help avoid tax? It depends on your tax residency status. Mainland Chinese tax residents must declare worldwide income in China, and simply having an address in Hong Kong isn't enough to change your tax residency. A genuine change of tax residency requires conditions such as residing in Hong Kong for more than 183 days a year and relocating your family and economic center there.
Q: If I trade on an offshore exchange, can mainland Chinese tax authorities still reach me? Legally, yes, though enforcement in practice remains difficult. But the OECD's 2024 Crypto-Asset Reporting Framework (CARF) requires member countries to share crypto tax data with each other, and information exchange between mainland China and the registration jurisdictions of major exchanges (such as the Cayman Islands and Seychelles) may strengthen over the next 3-5 years.
Q: Does a frozen bank card automatically mean I've broken the law? Not necessarily. A temporary hold, an anti-money-laundering control, or a preventive freeze doesn't equal a finding of illegal activity, and the vast majority resolve within 1-30 days. A judicial freeze is more serious, but even then, roughly 70% of cases are ultimately found uninvolved and unfrozen.
Q: Do you owe tax on BTC you hold long-term without selling? No. Under mainland China's individual income tax rules on "income from property transfer," only realized gains are taxed — unrealized paper gains are not taxed. This differs from policies in Germany and Singapore that exempt holdings after one year — mainland China only looks at whether you've sold.
Q: Do you owe tax on buying things with crypto? Spending crypto is, in theory, two transactions — "selling crypto + buying goods" — and if the sale price exceeds your cost basis, tax is owed. In practice, almost no compliant merchants in mainland China accept crypto payments, so this situation rarely comes up.
Q: Do futures profits and losses get taxed? Futures profits are filed under "income from property transfer" at 20%; futures losses can only be offset within the same tax category, not against wage income. In practice, futures trading isn't invoiced and can't be traced on-chain, making enforcement extremely difficult, and there are currently no publicly known enforcement cases for futures gains.
Q: Where can I find a qualified crypto tax advisor? It's best to look for a registered tax advisor with a Big Four background or experience with offshore asset structuring. Within mainland China, few firms specialize in crypto tax specifically, but the Hong Kong or Greater Bay Area offices of PwC, KPMG, Deloitte, and EY have more experience with cross-border crypto compliance.
Data sources: the State Taxation Administration, published People's Court rulings, People's Bank of China announcements, Xinhua News Agency reports, the Shanghai Municipal Tax Bureau's annual report, case compilations from the Beijing Haidian District Procuratorate, Chainalysis regulatory reports, and OECD CARF documents, as of late April 2026. This article does not constitute tax or legal advice; taxpayers should consult a licensed professional based on their own circumstances.