Is Japan overtaking the US in crypto? The law, the tax cut and the gap, what to watch.

<p dir="ltr">Recent headlines have claimed that Japan is replacing the United States as the world's crypto capital. The reality is more measured.Recent headlines have claimed that Japan is replacing the United States as the world's crypto capital. The reality is more measured. Japan has passed a significant law that treats Bitcoin and around 104 other crypto assets more like stocks and bonds. However, the two changes most likely to bring new money into the market, spot crypto ETFs and a lower tax rate, are not in place yet. For now, the US remains far larger.</p><p dir="ltr">What Japan has actually done</p><p dir="ltr">On 15 July, Japan's parliament gave final approval to a law moving crypto out of the Payment Services Act, which treated it mainly as a way of paying for things. Crypto now falls under the Financial Instruments and Exchange Act, the law that governs stocks and bonds.</p><p dir="ltr">In practice, that brings rules familiar from the stock market: bans on insider trading, disclosure requirements and firmer action against unregistered operators. Stablecoins and NFTs stay under the older payments law.</p><p dir="ltr">The main provisions are not yet in force. They take effect on a date set by the Cabinet, within one year of the law being published.</p><p dir="ltr">The tax cut and the ETF question</p><p dir="ltr">The change most Japanese traders care about is tax. Crypto gains are currently taxed as miscellaneous income, at rates of up to 55% for high earners. The new framework sets a flat 20% rate, matching the rate on stocks, for eligible tokens sold through registered businesses. It also allows losses to be carried forward for three years.</p><p dir="ltr">The lower rate is expected from 1 January 2028. It could arrive a year earlier if the new law takes effect during 2026.</p><p dir="ltr">Spot crypto ETFs are further away than many headlines suggest. The July law does not allow them on its own: Japan still needs to amend its investment trust law before a spot crypto ETF can launch. Finance Minister Satsuki Katayama has called 2026 the first year of a digital era and pointed to US crypto ETFs as a model. Pointing to a model is not the same as approving a product, though.</p><p dir="ltr">Why Japan is moving this way</p><p dir="ltr">Japan's crypto rules have been built in response to failures. The Mt. Gox exchange, which at its peak handled the bulk of global Bitcoin trading, collapsed in 2014 after losing 850,000 BTC. Japan then became one of the first countries to regulate crypto exchanges, from April 2017. Later hacks led to tighter rules each time:</p><ul dir="ltr"><li>Coincheck lost about $534 million in 2018.</li><li>DMM Bitcoin lost 48.2 billion yen in 2024.</li></ul><p dir="ltr">That history shapes the current approach, which favours a supervised market over a fast-growing one:</p><ul dir="ltr"><li>Offshore exchanges are leaving. Bitget said in August it would wind down services for Japanese residents, following an earlier exit by Bybit after warnings from the Financial Services Agency (FSA), Japan's financial regulator.</li><li>The regulator is restructuring. The FSA set up a dedicated division for crypto assets and stablecoins in August.</li><li>On-chain finance is now a priority. In September, the FSA named on-chain finance, meaning payments, settlement and tokenised assets run on blockchains, as a policy priority.</li><li>The big banks are involved. Japan's three largest banking groups, MUFG, Mizuho and Sumitomo Mitsui, are running stablecoin trials under the new framework.</li></ul><p dir="ltr">How Japan compares with the US</p><p dir="ltr">Japan's domestic market is substantial, with more than 12 million active users and over 5 trillion yen held on exchanges. The US is still in a different league. American spot Bitcoin ETFs alone held about $108 billion in net assets at the end of September.</p><p dir="ltr">Japan has also had limited influence on Bitcoin's price. An analysis by on-chain data firm CryptoQuant last year attributed this to Japan's small share of global Bitcoin ownership.</p><p dir="ltr">A fairer description is that Japan is positioning itself as Asia's most tightly regulated major crypto market, a credible home for institutional and bank-led activity. That matters, but it is not the same as overtaking the US.</p><p dir="ltr">What to watch next</p><ul dir="ltr"><li>The start date. Watch for the Cabinet to set the date the new law takes effect. A 2026 start would also bring the 20% tax rate forward to January 2027.</li><li>The investment trust amendment. This is the clearest signal of whether a spot Bitcoin ETF is coming. Without it, Japanese investors cannot buy crypto through ETFs the way US investors can.</li><li>Which tokens qualify. The FSA's detailed rules will decide which tokens are eligible for the lower tax rate. That will shape where Japanese trading activity concentrates.</li><li>Yen stablecoins. Bank-issued yen stablecoins moving from trials into real use would show that Japan's "regulated first" model is gaining traction.</li></ul><p dir="ltr">What would change the picture is speed. If the trust law amendment passes quickly and a spot Bitcoin ETF follows, Japanese demand through domestic funds could become a measurable source of flows. That would make Japan worth tracking alongside US ETF data. Until then, Japan's reforms are best read as a long-term structural story rather than a near-term driver of Bitcoin's price. </p><p dir="ltr"></p><p dir="ltr">May Japan PM Takaichi could send crypto heading this way!</p> This article was written by Eamonn Sheridan at investinglive.com.