Cryptocurrency has transformed the financial landscape, revolutionizing the way we perceive and engage with money. However, its disruptive nature has ignited a complex regulatory environment, particularly in the United States. This Book delves into the intricate web of laws and regulations governing cryptocurrencies within the US, aiming to demystify the often-confusing realm of legalities surrounding digital assets.
The emergence of crypto assets has required taxation authorities worldwide to develop unprecedented policies and compelled tax lawyers to apply existing laws in new ways. This book – the only one to focus solely on the taxation of crypto assets – provides a detailed country-by-country analysis of how the tax law of thirty-nine countries may apply to this rapidly developing area, including different use cases and compliance and documentation requirements. Following an overview of the technology and key characteristics of crypto assets, as well as the key tax concepts and types of taxes that could apply to them, leading practitioners in each particular jurisdiction summarize the relevant tax law in that country. Fully explained are such aspects of crypto assets as the following and how they are interrelated: sales; exchanges; receipt as remuneration; forks; airdrops; mining; staking; initial coin offerings; security token offerings; and initial exchange offerings. Contributors describe how each jurisdiction applies income and capital gains taxation, value-added tax and sales tax, withholding taxes, transfer taxes, and gift, inheritance, estate and wealth taxes in the context of crypto assets. Reporting requirements and enforcement are also covered. Tax law, as it applies to crypto assets, is new and continues to evolve. This book will be welcomed as the premier resource for tax practitioners, government officials, advisors, investors, issuers, users of crypto assets, and taxation academics who are seeking informed awareness of the policy choices countries make in dealing with the taxation of this new technology. Tax lawyers dealing with crypto assets will have comprehensive practical guidance on how to comply with the tax laws of multiple jurisdictions.
"Crypto Taxation in USA " is a comprehensive book for everyone from crypto investors to tax professionals, offering a detailed overview of how the IRS taxes digital asset transactions when actual tax law that applies to digital assets are still to be enacted by Congress. Discover what constitutes a taxable event—from trading and staking to mining and even airdrops of cryptocurrencies. The guide also delves into hot topics like the taxation of NFT transactions and Initial Coin Offerings (ICOs)by blockchain companies. Stay current with the latest IRS guidelines, including new memos and revenue rulings updated for 2023. Whether you're a seasoned investor or a crypto newbie, this book equips you with the knowledge to make informed financial decisions in the ever-evolving world of cryptocurrency. Here are the list of topics covered : What is a cryptocurrency under US Tax law ? What are the taxable events for cryptocurrency transactions? How is gain or loss on the sale of crypto taxed? How IRS tax staking rewards ? Taxation of receipt of cryptos by airdrops. How IRS tax receipt of cryptos on hard-fork ? How is the gift of cryptocurrencies taxed ? How are cryptocurrencies rewarded on mining taxed? How is the swapping or exchange of cryptocurrencies taxed ? How is the payment of cryptocurrencies for goods or services creates taxable event? How do NFT transactions get taxed? What are the Reporting Requirements for Crypto transactions? Can you offset losses of crypto trades ? Can you claim diminution in value of cryptocurrency ? Can you argue “theft “ by the crypto exchange and claim loss under section 165 ? Whether exchanging cryptocurrencies qualify for like-kind exchange under section 1031 ? Is reporting of digital currency in a foreign account required? Claiming deduction for donating cryptocurrencies to charities . Is the rule of "backup withholding" applicable to payments through cryptocurrencies? How is the Initial Coin Offerings taxed ?
Derivatives stand at the forefront of financial innovation, continually evolving to accommodate new asset classes and risk categories. In the past decade, the growing popularity of cryptoassets and ESG investments has sparked the development of a variety of innovative investment strategies and risk management tools, including crypto and ESG derivatives and related structured products. This new edition has similarly evolved. Using illustrative examples, it provides a comprehensive analysis of the key tax issues associated with derivatives and cryptoassets in domestic and cross-border transactions and presents approaches that tax legislators could adopt to solve them. The new edition also comments on recent trends in global tax policy, such as the OECD Base Erosion and Profit Shifting (BEPS) 1.0 and 2.0 projects. Throughout the book, specific references are made to UK, German, and Swiss tax law. The updated edition addresses the following topics: economic and financial properties of derivatives and cryptoassets; definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others; accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP; current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets; characterisation of derivatives gains and losses as income or capital, and equity or debt; accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets; accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products; withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and anti-avoidance legislation applying to derivatives and cryptoassets, including the domestic law implementation of BEPS Action 2, the EU Anti-Tax Avoidance Directives (ATAD I and II), the tax transparency rules for cryptoassets (DAC8) and Pillar Two. This comprehensive book analyses recent developments in three intertwined areas of expertise: financial products, accounting and tax law. It will be a valuable resource to tax professionals in their daily practice of advising companies, banks and investment funds. It will also be of interest to government officials and researchers engaged in the taxation of derivatives, cryptoassets, and ESG investment products.
O livro tem como elemento central a análise de fatos geradores tributários decorrentes do uso de criptomoedas como ativos de pagamentos (principalmente) e investimentos (residualmente). A premissa perpassa pela necessidade de se descobrir quais as pessoas operam as criptomoedas, uma vez que a chave pública não identifica o CPF ou CNPJ do usuário. A falta de reconhecimento entre a pessoa física e o algoritmo que compõe a chave pública permite a circulação de riqueza sem a respectiva tributação. Desse modo, o presente livro pretende responder às seguintes indagações: como lidar com a circulação de riquezas quando o ativo transferível, por chave pública, não propicia a identificação do registro da pessoa? E, após identificar, como deve ser feita a tributação? Para responder a essas perguntas, inicialmente, defende-se a necessidade de o Estado promover uma regulação de incentivos para potencializar que as criptomoedas circulem, primordialmente, dentro das Exchanges. Em seguida, analisa-se a natureza jurídica desses ativos e os principais fatos geradores tributários que podem incidir no caso concreto. Observa-se que, muito além do Imposto de Renda por ganho de capital decorrente do cash out, há outras possibilidades de incidência de tributo, inclusive, por auferimento de renda no pagamento de uma obrigação em criptomoedas (Imposto de Renda em razão do plus jurídico). Para além dessa hipótese, há ganhos na custódia, aproximação entre clientes e troca dos ativos por moeda fiat, o que faz incidir, também, o Imposto de Renda das Exchanges e o Imposto sobre a Prestação de Serviços. Tais hipóteses são apenas algumas relatadas ao longo deste trabalho.
The emergence of convertible decentralized virtual currency schemes confronts tax authorities with unprecedented questions, among them are the status of virtual currency for tax purposes, which virtual transactions may bene?t from a VAT exemption and determining the most optimal method of tax regulation. This ?rst book-length treatment of this major current topic provides an in-depth and comprehensive analysis of the tax implications of virtual currency transactions. Seeking to ascertain whether virtual currency requires additional regulation or whether the law as it stands is adequate to administer its usage, the analysis not only thoroughly explains the nature of the underlying blockchain technology and its regulatory and judicial treatment so far but also identi?es best practices for virtual currency transactions and makes recommendations for the improvement of the existing tax systems. Among the aspects of the phenomenon covered are the following: – particular aspects of virtual currency use such as smart contracts and initial coin offerings; – comparative review of income tax consequences of virtual currency transactions in Germany, the Netherlands, the United Kingdom and the United States; – VAT/sales tax treatment of transactions involving virtual currency in the European Union and the United States; – methodology for creating an effective regulatory framework for the taxation of virtual currency; and – the future of blockchain. The book has three parts and an annex that describes tax regulations, administrative rulings and court decisions concerning virtual currency in twenty countries. In its in-depth analysis of tax implications of virtual currency transactions in major economies, detailed overview of recent tax developments that affect virtual currency transactions and evaluation of tax policies related to virtual currencies, this book has no peers. Especially in view of the OECD's examination of the tax challenges presented by the digital economy as part of its base erosion and pro?t shifting (BEPS) project, this clear and comprehensive explanation of the functioning of virtual currency and blockchain technology will be welcomed by tax administration of?cials and by persons mining and transacting in virtual currencies needing to know their compliance obligations.
The challenges and opportunities of new technologies in the tax field Technological developments induced major reforms in the regulatory international and domestic tax landscapes as well as in the developments in the use of technology by tax administrations and taxpayers. New technology, especially the innovations in virtual asset-light cross-border business organizations, data analytics, service and process automation, on one hand, disrupted the well-established legal tax principles and rules and, on the other, stimulated informed data-driven and structured solutions in tax compliance. Technological advances affected nearly every area and each aspect of taxation: Direct tax regulations, indirect tax law, and tax procedures including tax compliance, and tax control functions. International organizations such as the Organization for Economic Co-operation and Development (OECD), the United Nations (UN), and the European Commission as a supranational organization fostered critical legislative reforms and proposals among which are the OECD Two-Pillar Solution to Address the Tax Challenges Arising from Digitalisation of the Economy, Article 12B of the UN Model Tax Convention to tax automated digital services, new rules for tracing transfers of crypto-assets in the EU, as well as the EU ́s VAT e-commerce package and "VAT in the Digital Age" package. While these proposals aim to address a wide range of the benefits and challenges of Economy 4.0, certain questions arise concerning the consistency of the legislative developments with their initial objectives, the appropriateness of the legal form for the economic substance of the regulated relations for the effectiveness of the regulations as well as their coherence. This volume contains a collection of scientific chapters on the general topic "Tax and Technology" that were successfully completed by the 2022/2023 LL.M. graduates of the Institute for Austrian and International Tax Law, WU. The volume is divided into three parts that contain the contributions dealing with the impact of the technology on international tax law, indirect tax law, and procedural law. Each chapter provides an in-depth analysis of a unique research question aiming to innovatively contribute to the current debate and develop a practical approach for implementing the findings.
A straightforward, practical guide to the newest frontier in investment strategy—crypto—from #1 New York Times bestselling author and personal finance expert Ric Edelman. Blockchain and bitcoin are here to stay—and as the Bank of England stated, this new technology could “transform the global financial system.” No wonder PWC says blockchain technology will add $2 trillion to the world’s $80 trillion economy by 2030. Indeed, blockchain technology and the digital assets it makes possible are revolutionary, the most profound innovation for commerce since the invention of the internet. And yet, the average investor—and the investment advisors who manage two-thirds of all their money—aren’t aware of all this, or of the incredible investment opportunities now available. Fortunately, Ric Edelman, one of the most influential experts in the financial field, shows investors how they can engage and thrive in today’s new investment marketplace. Featuring the prophetic insights you’d expect from one of most acclaimed financial advisors, The Truth About Crypto is fun to read and easy to understand—and most importantly gives readers the sound, practical advice we all need to succeed with this new asset class. Best of all, Edelman shows how blockchain works, the difference between digital currency and digital assets, and a comprehensive look at every aspect of the field. This book is a must-read guide if you want to achieve investment success today.
Tax tech companies are rapidly gaining ground as global tax advisory firms, and are set to fundamentally change and revolutionize the way tax administrations, taxpayers, and their advisers interact, ushering in a much more efficient and effective integration of tax services into the processes used by both taxpayers and tax authorities. The distinguished contributors to this book clearly explain not only how tax law can be revised to promote digitization and speed up its implementation but also how to achieve better tax compliance and administration at a lower cost. The authors cover such aspects of this veritable paradigm shift in tax management as the following: how new technologies improve existing VAT/GST systems; uses of artificial intelligence; secured certification of taxpayers; electronic invoices; securing real-time reporting with cryptography; taxing virtual currencies; enhanced personal data protection; fewer opportunities to engage in aggressive tax practices; competitive advantage in attracting investment; work-flow assessment; and more opportunities for information flows and collaboration. Because the perspective as to what is meant by tax compliance is already overlaid by technological pressure—as indicated especially by BEPS 1.0’s domestic tax law initiatives and its recommendations of newly developed options to secure full transparency of tax processes—it is clear that controls and tax risk management are on the rise and that systems will become more digitized. For these reasons, professionals in the tax advisory industry and tax authority officials will welcome this book’s sound and practical measures leading to progress and revitalization through digital transformation.
State and local tax law is an essential yet often misunderstood aspect of taxation, impacting individuals, businesses, and governments. State and Local Tax Law Explained: Navigating Legal Issues in Taxation offers a comprehensive and clear exploration of the principles, regulations, and legal challenges that define this crucial field. Whether you're a taxpayer seeking to understand your obligations, a business owner navigating complex tax laws, or a legal professional dealing with tax disputes, this book provides the necessary knowledge and insights, ensuring you're fully informed and knowledgeable about state and local tax law. This book delves into the nuances of state and local taxation, focusing on key issues such as income, sales, and property taxes. It also examines the evolving landscape of tax law, including the implications of landmark court rulings and emerging trends like the digital economy and multistate taxation, ensuring you're up-to-date with the latest developments in tax law. Written to make complex legal concepts accessible, this book guides you through the intricate legal frameworks that shape state and local tax law. It not only provides a practical understanding of managing compliance and resolving disputes but also empowers you to anticipate and prepare for future legal developments, ensuring you're always one step ahead. What you will find in this book: In-depth analysis of state and local income tax laws Detailed explanation of sales and use tax regulations Comprehensive overview of property tax assessment and appeals Legal strategies for handling tax disputes and litigation Insights into excise taxes and special tax regulations Exploration of emerging legal issues like digital taxation and remote sales Practical advice for tax compliance and enforcement This essential guide unlocks the complexities of state and local taxation, ensuring you're prepared for the legal challenges and opportunities ahead.
