How to declare a real estate purchase in crypto

How to declare a real estate purchase in crypto

1) Introduction — Declaration starts before the deed: build the paper trail you’ll be proud to show

When you convert digital assets into a villa or an income-producing property, the make-or-break is not price action; it’s your documentation. Declarations to a bank, a notary, and—where applicable—tax authorities all rest on the same foundation: who acquired what, when, how it was held, how it was converted to euros, and why the money is now buying real estate. If one element is missing, your file stalls.

What changed in Europe? Three pillars now frame every serious crypto-to-euro transaction:

  • MiCA (Regulation (EU) 2023/1114)—EU-wide authorization and conduct standards for crypto-asset service providers (CASPs). CASP provisions apply from 30 December 2024, with transitional relief to 1 July 2026 for eligible incumbents. Translation: counterparties matter; MiCA-aligned providers shorten compliance questions. AMF
  • The EU “travel rule” (Regulation (EU) 2023/1113)—originator/beneficiary information must accompany crypto-asset transfers, much like SWIFT for wires. The European Banking Authority’s final Guidelines have applied since 30 December 2024, instructing institutions to reject/return transfers with missing data. This is the real-world reason some conversions “freeze.” eba.europa.eu+1
  • Tax transparency: DAC8 & OECD CARF—from 1 January 2026, EU platforms/intermediaries must report crypto transactions to tax authorities (DAC8), aligned with the OECD Crypto-Asset Reporting Framework, which a large bloc of jurisdictions committed to implement from 2027–2028. Expect more reporting, less opacity. Taxation and Customs Union+2OECD+2

At the closing table, French notaries are AML-obligated and must verify source of funds; they will not sign if your provenance is weak. They can also file reports to TRACFIN. Put differently: a proper declaration is the dossier you assemble before anyone asks. economie.gouv.fr+1

Promise of value: below, we explain—in plain English—how to declare and evidence a crypto-financed property purchase so it satisfies banks, notaries, and the emerging tax-transparency regime, and how to do it within the distinct fiscal framework of Saint-Barthélemy under French jurisdiction. Chez SBH Capital Partners, nous aidons nos clients à transformer leurs actifs numériques en patrimoine tangible.

2) Understanding the scope — What does it mean to “declare” a real-estate purchase in crypto?

“Declaring” isn’t a single form; it’s a bundle of disclosures made to different actors at different times, all telling the same verifiable story. Think of it as a flight plan that everyone along the route can read.

A. Bank declarations (on-ramp/off-ramp compliance).
Your receiving bank—ideally the local account of your Saint-Barthélemy company—expects a source-of-funds (SoF) package: identity (KYC), origin of wealth, crypto acquisition records, conversion certificates from an OTC/CASP, travel-rule evidence for the crypto transfers, and SWIFT proofs of incoming euros. Under the EBA’s guidelines, missing travel-rule data can trigger rejections/returns—so your providers must be ready to populate originator/beneficiary information. eba.europa.eu

B. Notarial declarations (France).
For a French-law closing, notaries verify SoF and can escalate suspicious cases to TRACFIN. Expect requests for custodian/exchange statements, chain-analytics showing clean provenance (no sanctions/mixers exposure), OTC confirms, and a coherent mapping from crypto legs to euro credits. If it’s not “notary-grade,” the deed won’t be signed. economie.gouv.fr+1

C. Tax declarations and consistency.
Even when the local fiscal environment (e.g., Saint-Barthélemy) is distinct from mainland France, your facts must anchor residency and substance: registered office, local accounting, local bank account, gérance (effective management) on the island. For individuals, French materials note five years of residence to be regarded as Saint-Barthélemy tax resident; for companies, substance and decision-making are the linchpins. Your tax declarations should be consistent with those facts, and—post-DAC8/CARF—platform-reported data will need to reconcile with your narrative. impots.gouv.fr+1

D. International transparency.
The OECD’s CARF and the EU’s DAC8 are turning crypto into a reportable asset class with structured data exchanges among tax authorities. Banks and notaries already act with that future in mind; your documentation should too. OECD+1

Analogy: if blockchain is the map, then your declarations are the legend that makes the map readable to institutions. Without the legend—names, dates, documents—even a perfect on-chain path won’t pass real-world scrutiny.

3) The frictions that derail declarations — predictable pitfalls and how to avoid them

1) Non-aligned counterparties.
Using a provider that isn’t MiCA-authorized (or clearly within transitional relief to July 2026) adds questions at the bank and notary. Under MiCA, firms must meet authorization and conduct rules; getting letters on letterhead stating the license perimeter and services provided reduces friction dramatically. AMF

2) Travel-rule blind spots.
Since 30 December 2024, EU institutions follow EBA Guidelines to detect missing originator/beneficiary data and reject/return non-compliant crypto transfers. If your OTC/CASP can’t send or receive the travel-rule payload—or you move through opaque hops—the fiat leg stalls. Pre-clear the route with your receiving bank and insist on attestations/logs from providers. eba.europa.eu+1

3) Weak SoF at the notary.
Real estate is a high-risk AML sector. French notaries must verify source of funds and may report to TRACFIN; if your pack lacks chain provenance, custodian attestations, or SWIFT evidence, expect delays or refusal. Build to notary standards from day one. Chambre de Paris

4) Declaring without anchoring residency.
Declaring a purchase through a “Saint-Barthélemy company” means little if substance is absent. Authorities look at effective management: gérance on the island, board minutes, registered office, local banking and accounting. For individuals, five years to be regarded tax resident is a hard number—and banks/notaries read that guidance. impots.gouv.fr+1

5) Tax-transparency mismatch.
From 2026, DAC8 reporting by EU platforms will generate standardized data; from 2027–2028, CARF exchanges will expand international visibility. If your declaration to a bank/notary tells one story and platform reports tell another, you invite audits. Align now. Taxation and Customs Union+1

Metaphor: a crypto-financed purchase is a precision watch—every cog (MiCA status, travel-rule messaging, chain forensics, SWIFT proofs, residency facts) must mesh. One mis-cut tooth stops the mechanism—usually right before signature.

4) How to declare properly — A step-by-step, bank-ready workflow (with documents to keep)

Below is the battle-tested checklist we use so your declarations are coherent, defensible, and future-proof.

Step 1 — Define the perimeter (purpose, vehicle, residency)

  • Purpose memo: one page explaining the conversion and purchase (amounts, timing, property).
  • Acquisition vehicle: if using a Saint-Barthélemy company, compile articles, proof of registered office, local bank account, accounting engagement, and gérance appointment (effective management on-island). Keep board minutes on the island. La gérance locale garantit la résidence fiscale de la société et la conformité internationale. Légifrance
  • Personal status: for individuals intending to anchor themselves locally, keep evidence of residence per the five-year guideline noted in French tax materials. impots.gouv.fr

Step 2 — Prove crypto origin (acquisition → holding)

  • Exchange/custodian statements from MiCA-aligned (or transitional) providers covering the full period.
  • Self-custody proofs: signed messages from relevant addresses; keep derivation/seed-path evidence privately (only produce if necessary).
  • Chain-forensics report: sanctions/mixer exposure analysis, transaction graph, risk scoring—written for a bank/notary audience.
  • Why it matters: MiCA gives comfort on the provider side; forensics make the on-chain path readable to traditional AML teams. esma.europa.eu

Step 3 — Execute conversions (OTC/CASP) with travel-rule compliance

  • OTC confirms and conversion certificates (pair, amount, timestamp, counterparty, rate).
  • Travel-rule evidence: originator/beneficiary data accompanying the crypto transfers, retained per EBA Guidelines (applicable 30 Dec 2024). Ask providers for attestations/logs. eba.europa.eu+1

Step 4 — Bank the euros and prepare notary-grade SoF

  • SWIFT MT103/statement extracts into your Saint-Barthélemy company account; funds-mapping schedule linking each OTC leg to each euro credit.
  • Notary pack: identi