How to legally buy real estate with your cryptocurrencies

How to legally buy real estate with your cryptocurrencies

1) Introduction — From on-chain performance to a notarial deed

Buying property with crypto used to sound like a stunt. Today, it’s a mainstream private-wealth use case—provided you run on regulated rails, document provenance, and design residency and substance before you move value. The prize is significant: title-registered, euro-denominated real assets acquired under the rigor of French notarial law, with a file that banks and regulators accept without drama.

Why does method matter more than ever? Because transparency is now the default. The Common Reporting Standard (CRS) mandates the automatic exchange of financial-account data between jurisdictions; its crypto sibling—the Crypto-Asset Reporting Framework (CARF)—has Global Forum implementation guidance; and the EU’s DAC8 integrates crypto reporting into the Union’s administrative-cooperation regime. On the payments side, the EU Transfer of Funds Regulation brings the travel rule to crypto so originator/beneficiary data travels with transfers; MiCA licensing turns EU on/off-ramps into regulated service providers. Put simply: identity now rides with value, and reporting follows. eur-lex.europa.eu+4OECD+4OECD+4

This article gives you a complete, bank-ready pathway to buying real estate with cryptocurrencies—what to prepare, whom to involve, which rules to respect, and where Saint-Barthélemy offers a uniquely lawful environment for crypto-to-asset conversion within French law but under a locally autonomous fiscal regime. Throughout, we keep a premium, institutional tone; the goal is a transaction a notary can sign and a banker can defend.

Promise of value: Follow this framework and you’ll replace “can we do it?” with “here is the dossier”—from wallet to escrow to acte authentique. Chez SBH Capital Partners, nous aidons nos clients à transformer leurs actifs numériques en patrimoine tangible.

2) Understanding the challenge — Lawful rails, clear residency, bankable evidence

Buying real estate with crypto is not about paying a notary in BTC. In a civil-law system like France, payments settle in fiat and the notarial chain demands traceability. The lawful route is: crypto → regulated conversion → euros → notarial escrow → deed registration. Each arrow implies documentation and compliance checkpoints.

What regulators expect (and banks require):

  • Automatic exchange: Under CRS, financial institutions collect your tax residency and report account data annually to your residence jurisdiction. In parallel, CARF (OECD) and DAC8 (EU) extend automatic exchange to crypto-asset transactions and holdings, obliging platforms and custodians to identify customers and report activity. Assume reporting will occur wherever an obliged intermediary is in the loop. OECD+2OECD+2
  • Regulated rails: MiCA licenses EU CASPs (crypto-asset service providers) and codifies prudential/conduct standards; the EU travel rule (Reg. 2023/1113) requires originator/beneficiary information to accompany crypto transfers between obliged entities, with EBA Guidelines mandating detection/handling of missing data from 30 Dec 2024. In practice, your identity and references must accompany value movements. eur-lex.europa.eu+2eba.europa.eu+2
  • Notarial certainty: French real-estate transfers follow a two-step: compromis de vente (pre-contract) then acte authentique (final deed) executed before a notaire, the State’s public officer. Funds are escrowed, provenance is checked, and title is registered. If documents conflict or provenance is unclear, the notary will not complete. My French House+1

Residency and substance matter. Which jurisdiction claims you (and your company) often decides which tax applies to gains realized on conversion. For companies, treaty access and withholding relief hinge on residency; since the 2017 OECD Model update, corporate dual-residence disputes no longer default to “place of effective management” but require competent-authority agreement—slow and uncertain. You want one obvious center of effective management, evidenced by minutes, officers, and local banking/accounting. OECD+1

Metaphor: Think of your transaction as a glass bridge: residency and substance are the pillars; MiCA/TFR are the cables; CRS/CARF/DAC8 are the floodlights underneath. When the structure is sound, the transparency helps you cross.

3) The pain points (and how to neutralize them) — Where crypto-to-property deals fail

1) Unclear personal or corporate residency.
If you claim country A while your institutions or platforms report B, you invite mismatch letters and delayed closings. For companies, a split governance footprint (board here, banking there) risks dual residency, suspending treaty benefits until authorities agree. Action: fix residency before conversion or purchase; concentrate effective management and keep records on territory. OECD

2) Weak provenance for crypto funds.
“Screenshots” are not a file. Banks and notaries expect a SoF/SoW pack: wallet statements, transaction hashes, exchange/custodian ledgers, conversion certificates, and bank proofs for each leg. The travel rule ensures identity data rides with transfers; your dossier must mirror those data points so reviewers can reconcile quickly. eba.europa.eu

3) Using unregulated or non-EU rails.
If your on/off-ramp cannot provide MiCA-grade documentation—or if the travel-rule data is missing—expect compliance escalations. Action: favor EU CASPs already aligning to MiCA and following the EBA’s travel-rule Guidelines. amf-france.org+1

4) Misunderstanding the notarial sequence.
In France, the compromis locks commercial terms and conditions precedent; the acte authentique transfers title. Without escrowed euros, clear provenance, and agreed CPs, deals stall. Action: align your conversion calendar with notarial milestones; produce audit-ready references (SWIFT/SEPA, escrow IDs) matching the deed file. My French House+1

5) Jurisdictional mismatch between investor, entity, asset, and platform.
A crypto platform in X, an entity in Y, a bank in Z, and an asset in France—each adds reporting, withholding, and KYC layers. Action: pre-build a jurisdiction matrix mapping residency, regulator, reporting (CRS/CARF/DAC8), and withholding outcomes before term sheets.

Quick checklist (save this):

  • CRS/CARF/DAC8 aware: assume automatic reporting. OECD+2OECD+2
  • MiCA/TFR rails: licensed providers + identity data with transfers. eur-lex.europa.eu+1
  • Notarial cadence: compromis → acte authentique, euros in escrow, documents aligned. My French House
  • Residency & substance: one seat of effective management, minutes on territory. OECD

Analogy: A closing is like a symphony; if one instrument (document) is out of tune, the conductor (notary) stops the performance.

4) The lawful pathway — A six-step, bank-ready playbook (wallet → deed)

Step 1 — Decide your residency and entity seat (first, not later).
Select the jurisdiction where you are tax-resident and where your company will be resident by effective management. Minute board decisions in jurisdiction, appoint local officers, and keep registers, accounting, and banking on territory. This avoids dual-residence stalemates under the 2017 OECD tie-breaker regime. OECD

Step 2 — Assemble the “four-stack” dossier.

  • Identity & BO: passports, proof of address, organogram, control rights, BO attestations.
  • SoF/SoW:
    • Fiat: statements, sale agreements, dividend/interest vouchers.
    • Crypto: wallet statements, on-chain hashes, platform/custodian ledgers, conversion certificates.
  • Governance: minutes/resolutions signed in jurisdiction, officer appointments, local accounting/banking proofs.
  • Transactions: term sheet, compliance approvals, SWIFT/SEPA references, escrow IDs, on-chain links, and final notarial deed references.
    This spine should let a reviewer recreate every hop in minutes.

Step 3 — Choose MiCA-aligned rails and make the travel rule your friend.
On/off-ramp via EU CASPs that (i) are authorized or in authorization under MiCA, and (ii) comply with Reg. 2023/1113 and EBA Guidelines. Confirm, in writing, the identity data, references, and conversion certificates they will issue. Your bank/notary should be able to tick-box your provenance against these outputs.