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Austria

Austria regulates crypto under MiCA via the MiCAR Enforcement Act (MiCA-VVG; BGBl. I 111/2024), with the FMA as the competent authority for CASPs and token issuers — the national VASP grandfathering window closed at the end of 2025, so a MiCA CASP authorisation is now mandatory. Payments and e-money run under the Payment Services Act 2018 (ZaDiG 2018) and the E-Money Act 2010, both FMA-supervised, with the Instant Payments Regulation fully applicable since 9 October 2025 and DORA since 17 January 2025; PSD3/PSR is heading toward adoption in 2026 after the political agreement of November 2025. Gambling is a federal monopoly under the Glücksspielgesetz (GSpG) 1989 — one online/lottery concession (win2day, Österreichische Lotterien) and up to 15 casino concessions (Casinos Austria), supervised by the BMF and the gambling authority at Finanzamt Österreich, with sports betting at provincial Länder level.

Available licences

Crypto-Asset Service Provider authorisation (FMA under MiCAR / MiCA-VVG)

Custody, exchange of crypto-assets for funds or other crypto-assets, execution, placing, reception and transmission of orders, advice, portfolio management, transfer services and operation of a trading platform require FMA authorisation under Article 63 MiCAR. The FMA confirmed it accepts application documentation in English and granted its first CASP authorisations during 2025 (Bitpanda GmbH was authorised on 9 April 2025). Letterbox structures are not permitted — registered office and effective management must be in Austria.

Asset-Referenced Token (ART) issuer authorisation (FMA under MiCAR)

Public offering or admission to trading of a token referencing a basket of values, rights or currencies requires authorisation as an ART issuer (Title III MiCAR), with an approved white paper and reserve, custody and redemption requirements, supervised by the FMA.

E-Money Token (EMT) issuer (credit institution or EMI under MiCAR)

EMTs referencing a single official currency may be issued only by an authorised credit institution or e-money institution, with a notified white paper and redemption at par (Title IV MiCAR); the FMA supervises issuance in Austria.

Article 60 MiCAR notification route (existing authorised entities)

Credit institutions, investment firms, e-money institutions, UCITS management companies, AIFMs, central securities depositories and market operators already authorised under EU law may provide specified crypto-asset services by notifying the FMA, without a separate full CASP authorisation, for the services their existing licence covers.

Payment Institution authorisation (FMA under ZaDiG 2018)

A licence to provide one or more of the payment services in section 1(2) ZaDiG 2018 — incoming/outgoing transactions, transfers, card and instrument services, money remittance and payment initiation. Each payment service is covered by the scope of the administrative decision; payment institutions may not take deposits or issue e-money.

E-Money Institution authorisation (FMA under E-Geldgesetz 2010)

A licence to issue electronic money and provide related payment services, with EUR 350,000 minimum initial capital and safeguarding of funds received against issued e-money. E-money institutions are also payment institutions and finance institutions for the purposes of the ZaDiG 2018 and BWG.

Account Information and Payment Initiation Services (FMA under ZaDiG 2018)

Open-banking providers — account information service providers and payment initiation service providers — fall within ZaDiG 2018 supervision by the FMA, with strong customer authentication and access-to-account obligations under PSD2.

Banking authorisation (FMA / ECB SSM under the BWG)

Deposit-taking and lending require a banking licence under the Banking Act (BWG, BGBl. 532/1993). The FMA is the licensing authority for non-CRR institutions and branches of third-country banks; for CRR credit institutions the FMA prepares the file and the ECB takes the final decision within the SSM.

Investment firm authorisation (FMA under WAG 2018 / MiFID II)

Investment services in financial instruments — investment advice, portfolio management, reception and transmission of orders, dealing — require authorisation under the Securities Supervision Act 2018 (WAG 2018, BGBl. I 107/2017) transposing MiFID II, supervised by the FMA.

Lottery and electronic-lottery (online) concession (Finanzamt Österreich / BMF under GSpG)

The GSpG allows the federal government to grant a single concession for lotteries, including electronic lotteries (online gaming). It is currently held by Österreichische Lotterien GmbH, which operates the only Austrian-licensed online gambling site, win2day. There is no separate, openly available online-casino licence.

Casino (Spielbank) concession (Finanzamt Österreich / BMF under GSpG)

The GSpG permits up to 15 casino (Spielbank) concessions, awarded by tender and held by Casinos Austria AG, which operates Austria's land-based casinos. Concessions require proof of resources, ownership integrity, player-protection and anti-money-laundering systems under sections 14 and 21 GSpG.

Provincial sports-betting licence (Länder betting authorities)

Sports betting (Wetten) is not part of the federal gambling monopoly and is not licensed under the GSpG; it is regulated by the individual federal provinces under their own betting acts (Landeswettengesetze), with a separate 2% federal betting duty applying to stakes under the Stamp Duties Act.

Detailed overview

Austria at a glance

Austria regulates crypto and payments through codified EU-aligned statutes under the single supervision of the FMA, while gambling remains a federal monopoly administered by the BMF and the gambling authority at Finanzamt Oesterreich. Crypto is governed directly by MiCAR and the MiCA-VVG, with the FMA authorising and supervising CASPs and token issuers; the national VASP grandfathering window has closed, so the route is a full MiCA CASP authorisation or an Article 60 notification for already-licensed entities. Payments and e-money run under the ZaDiG 2018 and the E-Geldgesetz 2010, with the Instant Payments Regulation and DORA in force and PSD3/PSR approaching adoption. Gambling is built around a single lottery/online concession (Oesterreichische Lotterien, operating win2day) and up to 15 casino concessions (Casinos Austria), with sports betting handled separately at provincial level and a reform of the 1989 framework under discussion.

Crypto regime under MiCA — fully harmonised, FMA-supervised, post-transition:

  • MiCA + national implementing law — Regulation (EU) 2023/1114 (MiCAR); MiCAR Enforcement Act (MiCA-VVG; MiCA-Verordnung-Vollzugsgesetz, BGBl. I 111/2024), passed by the Nationalrat on 3 July 2024 and in force from 20 July 2024
  • Competent authority — the FMA for CASP authorisation and ongoing supervision and for ART and EMT issuance
  • Grandfathering — closed. Austria opted for a shortened transitional period: under Article 23 MiCA-VVG with Article 143(3) MiCAR, VASPs registered under the FM-GwG before 30 December 2024 could continue only until the end of 2025. The EU-wide transitional backstop in Article 143(3) MiCAR expired on 1 July 2026, so no grandfathered crypto-asset services remain in any Member State — operating now requires a MiCAR authorisation or an Article 60 notification
  • Article 60 notifications — credit institutions, investment firms, e-money institutions, UCITS managers, AIFMs, CSDs and market operators may notify the FMA to provide crypto-asset services within their existing authorisation
  • AML/CFT — the Financial Markets Anti-Money Laundering Act (FM-GwG, BGBl. I 118/2016) implements Directive (EU) 2015/849; the EU AML package (Regulation (EU) 2024/1624 / AMLR, with the AMLA authority in Frankfurt) applies from its dated commencement of 10 July 2027
  • TFR — Regulation (EU) 2023/1113 (recast Transfer of Funds Regulation) applies the Travel Rule to crypto-asset transfers from 30 December 2024
  • Market abuse — Titles VI MiCAR and sections 13 et seq. MiCA-VVG carry administrative penalties for insider dealing and market manipulation
  • Tax — income from crypto-assets is generally taxed at the 27.5% special rate under section 27b EStG (in force since 1 March 2022); crypto-to-crypto exchanges are not a taxable realisation and exchanging crypto for fiat is VAT-exempt
  • Market footing — the FMA is an active EU voice on CASP supervision and has taken a substance-over-form approach, treating genuinely decentralised protocols as outside supervision while enforcing against unlicensed solicitation of Austrian clients

Payments and e-money regime (FMA-led):

  • PSD2 — Directive (EU) 2015/2366; transposed by the Payment Services Act 2018 (ZaDiG 2018, BGBl. I 17/2018), supervised by the FMA
  • Payment Institution licensing — initial capital EUR 20,000 (money remittance), EUR 50,000 (payment initiation) and EUR 125,000 (other payment services)
  • EMD2 / E-Money Institution — Directive 2009/110/EC; transposed by the E-Money Act 2010 (E-Geldgesetz 2010, BGBl. I 107/2010); EUR 350,000 initial capital
  • Instant Payments Regulation (Regulation (EU) 2024/886) — euro instant payments: receiving applicable from 9 January 2025 and sending from 9 October 2025
  • DORA (Regulation (EU) 2022/2554) — applicable from 17 January 2025; implemented in Austria via the DORA Enforcement Act (DORA-VG, BGBl. I 112/2024)
  • PSD3 / PSR — Commission proposals of 28 June 2023 (COM(2023)366 and COM(2023)367); provisional political agreement reached 27 November 2025, with final compromise texts published 23 April 2026 and formal adoption expected during 2026; the package will repeal PSD2 and EMD2 and fold e-money institutions into payment institutions, with PSD3 transposed nationally and the PSR directly applicable after a phased timeline
  • Open banking — account information and payment initiation services are supervised by the FMA under ZaDiG 2018, with strong customer authentication
  • Banking infrastructure — the OeNB supports micro-prudential supervision and oversees payment systems; Austria participates in the euro-area SEPA and TARGET infrastructure
  • Currency: euro (EUR); no exchange controls

Gambling regime — federal state monopoly under the GSpG 1989:

  • Gluecksspielgesetz (GSpG, BGBl. 620/1989) — section 3 reserves the conduct of games of chance to the federal government (the gambling monopoly); the BMF holds policy and legislative competence and the gambling authority at Finanzamt Oesterreich grants concessions and supervises operations
  • Online licensing — online gaming qualifies as an "electronic lottery" under section 12a GSpG and falls within the single lottery concession held by Oesterreichische Lotterien GmbH; win2day is the only Austrian-licensed online gambling site, and an EU/EEA licence does not authorise offering gambling into Austria
  • Casinos — up to 15 casino (Spielbank) concessions under section 21 GSpG, held by Casinos Austria AG for land-based casinos
  • Sports betting — Wetten are outside the GSpG and the federal monopoly and are regulated by the provinces under their own betting acts
  • Tax — gaming levies under sections 57–59 GSpG: 16% of stakes for general lotteries/games (section 57(1)), 40% of annual gross gaming revenue for electronic lotteries (section 57(2), comprising a 24% concession levy under section 17 plus a 16% gaming levy), and 30% of gross gaming revenue for gaming machines (section 57(3)); sports-betting stakes carry a 2% federal betting duty under section 33 TP 17 of the Stamp Duties Act
  • Player taxation — winnings from legally concessioned Austrian gambling are generally tax-free for the player
  • Reform — the GSpG dates from 1989; the current lottery/online and casino concessions run to 2027, the BMF has launched the re-tender, and a reform bill proposing an independent gambling authority to replace the current BMF/Finanzamt structure has been in consultation since late 2025
  • Minimum age — 18 for casino and electronic-lottery play

Last verified: July 2026. Reference rate: USD 1 = EUR 0.87 (EUR 1 = USD 1.15). The euro floats freely and there are no exchange controls.

Austria is a codified, EU-aligned venue: crypto and payments run under MiCAR/MiCA-VVG, the ZaDiG 2018 and the E-Geldgesetz 2010 with the FMA as a single, well-regarded supervisor, while gambling stays a federal monopoly under the GSpG 1989 — one online/lottery concession (win2day) and the Casinos Austria casino concessions — with sports betting devolved to the provinces and an independent-regulator reform in progress.

Is there a crypto licence in Austria?

Yes. Austria applies MiCAR directly, and the FMA authorises and supervises crypto-asset service providers and token issuers under the MiCA-VVG. The national VASP grandfathering window closed at the end of 2025, so providers serving Austria now need a full CASP authorisation or, for already-licensed entities, an Article 60 notification.

The legal foundation:

  • Regulation (EU) 2023/1114 (MiCAR) — the directly applicable EU framework for offerings, admission and crypto-asset services
  • MiCA-VVG (BGBl. I 111/2024) — the Austrian enforcement act; designates the FMA, sets administrative offences and penalties, and contains the Article 23 transitional provision
  • FM-GwG (BGBl. I 118/2016) — AML/CFT obligations; the former VASP registration regime, now superseded for in-scope crypto services
  • Regulation (EU) 2023/1113 — Travel Rule for crypto-asset transfers
  • Section 27b EStG — 27.5% special tax rate on crypto-asset income

Structure:

  • A legal entity with registered office and effective management in Austria; letterbox structures are not accepted
  • MiCAR own-funds floors by class — EUR 50,000 (Class 1), EUR 125,000 (Class 2), EUR 150,000 (Class 3) — with the prudential requirement set as the higher of the own-funds floor or a fixed-overheads measure
  • Fit-and-proper management and qualifying shareholders, AML officers, a white paper for in-scope offerings, and full custody, conflicts, complaints and market-abuse arrangements

Operational reality:

  • The FMA is an experienced, English-accepting supervisor with a published CASP roadmap and information document, and encourages pre-filing dialogue; a CASP authorisation passports across the EEA
  • The FMA enforces against unlicensed solicitation of Austrian clients — German-language sites, local affiliates or influencer marketing can constitute active solicitation — and issues consumer warnings
  • Reliance on the (now-closed) transitional regime never enabled MiCA passporting; firms targeting the EEA need the full CASP authorisation

Official CASP roadmap: The FMA publishes a Roadmap for Crypto-Asset Service Providers covering its pre-authorisation discussions and the Article 62/63 process — clarify which CASP services apply to your model (with a legal assessment and a full business-activity description), run a target/actual gap analysis and project plan for the organisational adjustments, build the AML/CFT framework, and request an introductory pre-filing meeting using the FMA's questionnaire before submitting via the FMA Incoming Platform. See the FMA Roadmap for CASPs and Information for CASP applicants.

Payments & E-money (FMA — PSD2 / EMD2)

Best for payment, remittance, acquiring, wallet and open-banking operators that want an FMA-supervised EU base with full passporting under harmonised EU rules.

What it is: Authorisation as a payment institution under the ZaDiG 2018 or as an e-money institution under the E-Geldgesetz 2010, both supervised by the FMA, transposing PSD2 and EMD2 and passportable across the EEA.

Who it suits: Money-remittance and transfer providers, acquirers, card and wallet issuers, payment-initiation and account-information providers, and e-money/prepaid issuers seeking an EU foothold under a single, well-regarded supervisor.

Covers: The payment services listed in section 1(2) ZaDiG 2018 — incoming and outgoing payment transactions, transfers, card and instrument-based payments, money remittance, payment initiation and account information — plus issuance of electronic money under the E-Geldgesetz 2010.

Operational requirement: An Austrian entity; minimum initial capital by service type; ongoing own-funds and safeguarding of client funds; strong customer authentication; AML/CFT under the FM-GwG; DORA operational-resilience obligations; and fit-and-proper management.

Headline figures

  • Primary instruments: ZaDiG 2018 (PSD2, BGBl. I 17/2018); E-Geldgesetz 2010 (EMD2, BGBl. I 107/2010); Instant Payments Regulation (EU) 2024/886; DORA (Regulation (EU) 2022/2554) and the DORA-VG (BGBl. I 112/2024)
  • Regulators: FMA (authorisation, prudential and conduct supervision); OeNB (supervisory support and payment-systems oversight); ECB (SSM, for significant banks)
  • Entry capital: payment institutions EUR 20,000 / 50,000 / 125,000 by service type; e-money institutions EUR 350,000
  • Instant payments: euro instant payments — receiving from 9 January 2025, sending from 9 October 2025
  • Reform pipeline: PSD3 / PSR — political agreement November 2025, compromise texts April 2026, adoption expected during 2026; EMD2 to be repealed and EMIs folded into payment institutions
  • Currency: EUR; no exchange controls

Is there a gambling licence in Austria?

Partly. Land-based and online gaming are a federal monopoly under the GSpG, exercised through a single lottery/online concession (Oesterreichische Lotterien, operating win2day) and up to 15 casino concessions (Casinos Austria) — there is no open commercial online-casino licence. Sports betting is separate: it is regulated by the provinces, not the federal monopoly.

The legal foundation:

  • GSpG 1989 (BGBl. 620/1989) — section 3 reserves games of chance to the federal government; sections 14 and 21 govern lottery and casino concessions; section 12a defines electronic (online) lotteries
  • BMF and Finanzamt Oesterreich — the BMF holds policy/legislative and shareholding functions; the gambling authority at Finanzamt Oesterreich grants concessions and supervises operations and levies
  • Provincial betting acts — sports betting (Wetten) is regulated at Laender level, outside the GSpG
  • Sections 57–59 GSpG and section 33 TP 17 Stamp Duties Act — gaming levies and the federal betting duty

Structure:

  • One federal lottery and electronic-lottery (online) concession, currently held by Oesterreichische Lotterien GmbH (win2day); up to 15 casino concessions, held by Casinos Austria AG
  • Concession criteria under sections 14 and 21 GSpG: sufficient own funds, sound ownership, problem-gambling prevention, player protection, AML/CFT and operational-security systems
  • Offshore operators holding only an EU/EEA gambling licence are not authorised to offer gambling into Austria; the BMF can pursue enforcement, including IP-blocking and advertising prohibitions under section 56 GSpG

Gambling — Federal Lottery / Casino Concession (BMF / Finanzamt Oesterreich)

Best for established lottery and casino groups able to win a scarce federal concession; not for standalone online operators or offshore B2Cs targeting Austrian players.

What it is: A federal GSpG concession — the single lottery/electronic-lottery concession that carries online gaming, or one of up to 15 casino (Spielbank) concessions — awarded by tender and supervised by the BMF and Finanzamt Oesterreich.

Who it suits: Operators with the capital, integrity and player-protection profile to hold and run an Austrian federal concession; the existing concessionaires and their suppliers.

Covers: Lotteries and electronic (online) lotteries under the lottery concession, and land-based casino games under the casino concessions; sports betting falls outside, under provincial licensing.

Operational requirement: An eligible entity meeting sections 14/21 GSpG criteria; player-protection and self-exclusion systems; AML/CFT under the FM-GwG; gaming-levy compliance; and (for the casino concessions) operation of designated locations.

Headline figures

  • Primary instruments: GSpG 1989 (BGBl. 620/1989); provincial betting acts; sections 57–59 GSpG; section 33 TP 17 Stamp Duties Act
  • Regulators: BMF (policy, legislation, concession authority); Finanzamt Oesterreich – Dienststelle fuer Sonderzustaendigkeiten (supervision and levies); Laender authorities (sports betting)
  • Costs: no flat statutory licence fee — the binding economics are the scarce federal concessions
  • Tax/duty: 16% of stakes (section 57(1)); 40% of gross gaming revenue on electronic lotteries (section 57(2)); 30% on gaming machines (section 57(3)); 2% federal betting duty on sports-betting stakes; player winnings from concessioned gambling generally tax-free
  • Online: reserved to the lottery concession (win2day); no open online-casino licence
  • Reform: independent-regulator reform in consultation since late 2025; current concessions run to 2027; minimum age 18

Costs and timelines at a glance

  • Crypto: MiCAR/MiCA-VVG under the FMA; own-funds floors EUR 50,000 / 125,000 / 150,000 by class; Article 63 timeline of a 25-working-day completeness check plus a 40-working-day decision, with several months in practice; grandfathering closed end-2025
  • Payments primary instruments: ZaDiG 2018 (PSD2); E-Geldgesetz 2010 (EMD2); Instant Payments Regulation (EU) 2024/886; DORA and the DORA-VG
  • Payments regulators: FMA (licensing/prudential/conduct); OeNB (support and payment-systems oversight); ECB (SSM, banks)
  • Banking entry: BWG authorisation with substantial initial capital; FMA Fee Regulation application fee (EUR 12,500 initial / EUR 2,500 extension); decision normally within six months; ECB final decision for CRR institutions
  • Reform pipeline: PSD3 / PSR — agreement November 2025, compromise texts April 2026, adoption expected during 2026; gambling — independent-regulator reform in consultation, concessions running to 2027
  • Gambling: federal monopoly under the GSpG; lottery/online concession (win2day) and up to 15 casino concessions (Casinos Austria); levies of 16% / 40% / 30% by product and a 2% betting duty; sports betting at provincial level
  • Currency: EUR; no exchange controls
  • FX: USD 1 = EUR 0.87 (EUR 1 = USD 1.15)

Who Austria suits and who it does not

Suitable for

  • Crypto exchanges, custodians, brokers, tokenisation platforms and token issuers wanting a MiCAR CASP authorisation from an experienced, English-accepting FMA, with EEA passporting
  • Already-licensed banks, investment firms and e-money institutions that can add crypto-asset services through the Article 60 notification route
  • Payment, remittance, acquiring, wallet and open-banking operators seeking an FMA-supervised EU base under PSD2/EMD2 with full passporting and instant-payments readiness
  • E-money and prepaid issuers preparing for the PSD3/PSR transition while building on the current E-Geldgesetz 2010 framework
  • Established lottery and casino groups able to compete for a scarce federal GSpG concession and operate to Austrian player-protection and AML standards

Not suitable for

  • Operators wanting a light-touch or bespoke national crypto regime — Austria applies MiCAR in full and the FMA enforces against unlicensed solicitation
  • Firms relying on a former VASP registration to keep trading — the national grandfathering window closed at the end of 2025
  • Payment or e-money firms expecting to avoid EU prudential, safeguarding, DORA or AML obligations under a single supervisor
  • Standalone online-casino operators or offshore B2Cs targeting Austrian players — online gaming is reserved to the single lottery concession (win2day) and an EU/EEA licence does not authorise offering into Austria
  • Sports-betting operators expecting a single federal licence — betting is regulated province-by-province under separate provincial acts

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