Holding and using crypto-assets as an individual

An individual considering buying or selling a good and paying for it in crypto-assets asks themselves, in this order, three questions: am I allowed to do it? — how are my funds protected? — what do I declare to the tax authorities? This note answers these questions for your situation, that of an individual who is a French tax resident, and not for that of the infrastructure provider. It aims to inform, and not to promote a service.

French law imposes no authorisation on an individual holding, buying or using crypto-assets for their own account. The obligations concern three points, detailed in the rest of this note.

Regulation (EU) 2023/1114 (MiCA) has applied to providers since 30 December 2024. France had opened a transitional period for players registered as PSAN; this period ended on 1 July 2026. Since then, only authorised crypto-asset service providers (CASPs) may provide these services in France. An unauthorised provider faces two years' imprisonment and a €30,000 fine; the AMF may publish the list of these players and request the blocking of their sites.

ACTUARUS never takes possession of the funds. The sums are locked in a smart contract according to the conditions signed by the parties and released by the execution of the code. No segregated account, no holding of users' private keys, no discretionary power over the locked funds.

Two consequences for you:

• No third-party holder risk. A failure of ACTUARUS does not deprive you of your funds, which are never on its balance sheet.
• Ownership retained until settlement. Locked assets remain the buyer's until they are released.

A stablecoin backed by an official currency is classified by MiCA as an electronic money token (EMT). Its issuance is reserved for a credit institution or electronic money institution authorised in the Union, with 1:1 backed reserves and a right of redemption at nominal value.

ACTUARUS uses EURC as its default settlement rail, with EURCV available for counterparties wanting a token issued by a French banking institution.

ACTUARUS works with a personal wallet on Ethereum or Solana: your funds stay there until they are locked in the transaction's smart contract.

Gains made by an individual on their crypto-assets fall under the regime for capital gains on disposals of digital assets. What matters is not holding, but the disposal.

Automatic exchange of information (DAC8). Since 1 January 2026, crypto-asset service providers collect and verify information about their users and their operations, which they report every year to the tax authority. The first reports, covering 2026 operations, are made in 2027.

• Origin of funds — keep for each operation the signed contract, the on-chain transaction identifier and the conversion provider's statement.
• Travel Rule — Regulation (EU) 2023/1113 requires authorised providers to accompany transfers with information on the sender and the beneficiary. Your provider may therefore ask you for information about the counterparty on a deposit or withdrawal.
• Banking relationship — your bank may question you about the origin of funds coming from a crypto-asset platform. Keep your supporting documents at hand.

Each transaction rests on an electronic contract signed by both parties; its clauses determine execution, the smart contract executing only what has been signed.

The applicable framework is the eIDAS Regulation (EU) 910/2014, revised by Regulation (EU) 2024/1183. Recording on a distributed ledger provides a technically verifiable timestamp and integrity trace, but does not constitute a qualified timestamp within the meaning of eIDAS: it is free-form evidence subject to the judge's assessment. Adding a qualified signature is recommended for high-stakes transactions.

Regardless of the compliance criteria set in the contract, the law provides guarantees that depend on the status of the seller:

1. 1

   Choose an authorised provider

   Check its presence on the AMF whitelist or the ESMA register before buying your stablecoins there.

2. 2

   Secure your wallet

   Hardware key recommended; recovery phrase written down on paper, kept offline, never photographed or shared.

3. 3

   Choose an authorised euro stablecoin

   EURC is the default settlement rail on ACTUARUS.

4. 4

   Read the contract before signing

   Price, condition of the goods, compliance criteria and deadlines: the smart contract executes only what is signed.

5. 5

   Make a test transfer

   A small amount before any first large transfer to a new address.

6. 6

   Keep the supporting documents

   Signed contract, on-chain transaction identifier, provider statements.

7. 7

   Plan your declarations

   Form 2086 above €305 of annual disposals; form 3916-bis for accounts opened abroad.

General information note. It does not constitute legal advice or tax advice, and does not replace the analysis of a lawyer or a tax adviser. It reflects the legal position as of 19 October 2026. Regulation is evolving rapidly, both at European level (ESMA and EBA guidelines and Q&A under MiCA) and in tax matters; the 2027 Finance Bill, under examination in Parliament at this date, could change the treatment of certain operations. The lists of authorised tokens and providers are indicative and must be checked against the AMF whitelist and the ESMA public registers on the date of the intended operation.