OECD’s Proposed Crypto-Asset Reporting Framework (CARF): A Critique

Abstract: In March 2022, OECD published a public consultation document entitled Crypto-Asset Reporting Framework and Amendments to the Common Repoting Standard (CARF). This doucment proposed new and amended requirements covering reporting and exchange of information of crypto-assets as well as containing broader revisions to the existing Common Reporting Standard (CRS) for the automatic exhange of informaiton (AEOI) between countries. In recent years, there has been a mass adoption of crypt-assets for a range of invesment and financial activities. OECD believes that the use of crypto-assets threatens the Common Reporting Standard (CRS) since crypto-assets can be easily transferred without a central administrator and held inaccessbile crypto "wallets." In reponse, OECD drafted CARF in an attempt to retrofit regulations made for traditional financial institutions, a regulatory "choke point model," onto the nascent and quickly developing crypto-asset space. The thesis argues that CARF is flawed in several ways. First, the CARF's requirements deviate from CRS for unexplained reasons created extra costs and administrative burden for cryto-asset service providers (CASPs). Second, as crypto-assets are more in the nature of moveable assets, CARF's inartful attempt to retrofit CRS is onto the crypto-asset space is likely stifle innovation and technological development, especially critical for the developing world and shifting power away from banks and other large financial institutions back to individual consumers and merchants. Finally, CARF may not even materially meet its goal of increasing tax revenues and ensuring tax compliance.