This research investigates the potential for government revenue through taxation of digital currencies, commonly known as cryptocurrencies, and digital assets such as NFTs. Employing a normative research methodology, the study analyzes the appropriate tax rates for cryptocurrencies and NFTs and examines existing taxation policies. Additionally, the research explores how different countries regulate and tax these digital assets, revealing a lack of consensus on their legal status and regulatory frameworks. The findings aim to provide insights into how varying tax policies impact revenue generation and offer recommendations for developing effective tax regulations.
Constance J. Crawford, Corinne Crawford, Glenn C. Vallach
Subtitle A, of the Internal Revenue Code (IRC), contains regulatory provisions regarding the federal taxes imposed on the income of both individuals and corporations. The IRC guidance is intended to provide a determination of all income that must be reported on tax returns and potentially could become subject to an income tax. A new form of currency, known as cryptocurrency appeared on mainstream trading platforms beginning in 2009. Bitcoin initially was the most widely recognized digital currency but other virtual currency versions soon followed. Initially, taxpayers mistakenly believed that cryptocurrency transactions were not subject to Subtitle A of the IRC. Therefore, crypto transactions were assumed to be non-taxable and non-reportable for tax purposes. However, within a few years of the introduction of Bitcoin into the US economic system, the Internal Revenue Service (IRS) introduced tax guidance pertaining to cryptocurrency transactions. In 2014, the IRS responded with Notice 2014-21 as the popularity of Bitcoin grew exponentially. The IRC guidance stated that cryptocurrency must be treated as property for federal tax purposes. The tax implication of the IRS guidance was that cryptocurrency transactions would result in either a gain or loss for tax purposes on Schedule D. This guidance resulted in a recognition that all cryptocurrency transactions would be subject to federal income tax.
Retno Mawarini Sukmariningsih, Agus Nurudin, Eko Nursanty
This research aims to look at the potential of government revenue through taxes on digital currencies or better known as cryptocurrencies and against digital assets called NFT. With normative research methods to analyze how cryptocurrencies and digital assets (NFT) should be taxed at low or high tax rates. In addition to understanding cryptocurrency taxation policies as well as NFT, the study also looked at the taxation policies of various countries on cryptocurrencies and digital assets. Each country has different guidelines and considerations for the legal status and policies of the regulation of cryptocurrencies and NFT. There is no consensus between countries about this. Keywords; taxes, cryptocurrencies, digital assets, NFT
The purpose of this research is to determine the potential risk of tax losses caused by cryptocurrencies, to identify miners and cryptocurrency users, and to formulate a tax avoidance countermeasure strategy related to cryptocurrency transactions. This study uses qualitative research methods with literature study techniques. The type of data used in the form of textual includes definitions, concepts and arguments contained in the literature relevant to the research problem. The data used are primary data sourced from research articles from journals, and secondary data sourced from supporting documents. The data reduction and data analysis process include data display and content analysis. The results of this research show that the implementation of blockchain technology in the Indonesian tax system is a database integration model that can solve the problems of the underground economy in cryptocurrency transactions. The reason for the results of this study is that regulation of cryptocurrency transactions into the realm of regulation can be done through vertical regulation of the blockchain market, with a sectoral approach. The impact of the results of this study can be the basis for formulating tax policies related to cryptocurrency transactions by utilizing blockchain technology.
Bitcoin, created in 2008, is the first successful cryptocurrency. Bitcoin involves an industry, in which, in addition to users, we have: a group of developers; miners; wallet providers; mixer providers; stock exchanges; and crypto banks. There are already countries whose tax policies accept bitcoins. This article is about this last aspect. The article will initially seek to define Bitcoin and its industry, which are sources of much controversy. It will then discuss whether it is advantageous for the Brazilian taxpayer to honor its fiscal commitments with bitcoins, and under what circumstances would it be advantageous for public management to deal with bitcoins in its fiscal policy. In Brazil, the city of Rio de Janeiro plans to accept bitcoins in payment of taxes in 2023 and Brazil is preparing to improve its institutional framework for dealing with cryptocurrencies through Law 14,478/2022.
While most influential in art markets, the non-fungible token (NFT) phenomenon also has serious ramifications for museums and other cultural institutions. This chapter explores these applications to core non-profit missions and activities, including audience development, fundraising, earned-income generation, acquisitions, and institutions’ relationships with their communities. Any initiative involving NFTs at a museum is also an exercise in strategic planning. We develop a novel conceptual framework around mapping institutions’ “financial” and “philosophical” priorities to guide strategic planning around NFTs. We present this framework through five case studies that range from existing museum projects around revenue generation, conservation, and endowment to two hypothetical scenarios around deaccessioning, restitution, and institutions’ relationships with their audiences. Cultural institutions apart from museums may also find the framework valuable and worth incorporating into their strategic planning processes as it can be tailored to an organization’s individual priorities, artistic missions, and financial needs.
Lin William Cong, Wayne R. Landsman, Edward L. Maydew, Daniel Rabetti
We describe the landscape of taxation in the crypto markets, especially that concerning U.S. taxpayers, and examine how recent increases in tax scrutiny have led to changes in trading behavior by crypto traders. We predict under a simple theoretical framework and then empirically document that increased tax scrutiny leads crypto investors to utilize legal tax planning with taxloss harvesting as an alternative to non-compliance. In particular, domestic traders increase taxloss harvesting following the increase in tax scrutiny, and U.S. exchanges exhibit a significantly greater amount of wash trading. Additional findings suggest that broad-based and targeted changes in tax scrutiny can differentially affect crypto traders' preference for U.S.-based exchanges. We also discuss other gray areas for tax regulation related to new crypto assets such as Non-Fungible Tokens and Decentralized Finance protocols that further highlight the importance of coordinating tax policy and other regulations.
Increased administrative discretion for human resource and financial management is commonly seen as a key component of efficient service delivery. However, the directive attitude of some central government officials in Tanzania undermines the administrative discretion of local councils to implement approved local plans and budgets. Using a case study of two local councils in Tanzania, this study investigated the influence of decentralization on administrative discretion and decision space. The findings show that local councils have little administrative discretion and decision space over human resources, financial management, and service delivery. The study calls for a comprehensive review of decentralization policies and local government legislation to address the allocation of powers and decision space of the institutional capacity of local councils to provide local services. Their roles and responsibilities should also be specified in the national constitution to safeguard them from the encroaching “directive culture” of central government officials.
Background: The concept of devolution has always presented significant controversy in African unitary states. It is often viewed with inherent suspicion and skepticism based on the lack of mutual trust between the people and the government. While proponents see it as a form of empowerment, resistant groups in society view the decentralization of government powers and responsibilities as a gateway to success. Despite the devolution agenda being a major component of local governance in the Zimbabwean Constitution of 2013, it would not be practically implemented until the new dispensation that rose into power in 2018. However, the coming in of the COVID-19 pandemic has significantly marred the take-off of devolution implementation in Zimbabwe. Whilst COVID-19 cases continue to escalate on the globe, African countries continue to battle not only with the second wave of the pandemic but also with the new COVID-19 variants. Already fragile economies of these countries, the governments were forced to prioritize the national budgets in response to the pandemic; consequently, other social and developmental issues were left behind. Objective: This study discusses the contemporary status of devolution in Zimbabwe to ascertain the extent of implementation; provide supportive legislation for devolution structures through recommendations; analyze devolution disbursements from 2019 before COVID-19 to date; assess the local authorities’ initial requests versus the disbursements in 2019 and 2020. Method: The researcher carried out a desk review and followed the principles of case study design by analyzing financial statements, reports and data coming in from the Councils and relevant Government ministries. The meaning was also derived by critically reviewing, organizing and interpreting related information from books and articles published in newspapers and journals. Result: Despite Section 264(1) of the Constitution providing for devolution of power to the three tiers of the Government, there is no supporting legislature in place as yet to actualize this key element. The Government Budgetary Allocation of 5% is not meeting local authority demands. Conclusion: The onset of the COVID-19 pandemic in late 2019 reduced the pace of the devolution process because the funds were channeled to fight against the virus. If properly practiced, devolution may be one of the solutions to the development of the Zimbabwean economy since the devolution program is largely founded on the principle of empowering provincial government councils and Local Authorities to spearhead economic and social development projects in their areas by leveraging on local resources. It may also solve issues of corruption in many local councils in Zimbabwe by improving accountability mechanisms, especially where sub governments are permitted to progressively compete with each other to establish innovative ways of delivering public services efficiently and inexpensively. Implications: The findings imply that the Government policies can affect the social and economic well-being of citizens, however, the COVID-19 pandemic has far outweighing impacts. Secondly, the coronavirus outbreak has proved how much the Government of Zimbabwe is ill-prepared to deal with a pandemic of this dimension. Policymakers should ensure that finances are set in the national budget for unseen events so as not to derail other Government projects. Originality: This paper is original and not sent anywhere for publication.
Tax is assessed and paid in the legal tender in which the transaction was conducted. A legal tender is a fiat currency centrally issued by the government through its Central Bank and is legally declared and designated as money to meet all kinds financial obligations including payment of taxes and debts within the boundary of a particular country. However, advancements in technology led to the emergence of virtual medium of payment such as ‘cryptocurrency’ which do not enjoy legal tender status like fiat currency. Over the past decade, there has been an increased number of transactions in Nigeria where cryptocurrency was the means of payment. This raises the question as to how such transactions will be assessed to tax bearing in mind that tax can only be assessed and paid in the currency in which the transaction was conducted. In addition, the virtual nature of cryptocurrency creates opportunities for tax avoidance thereby constituting a serious tax challenge for a developing country such as Nigeria. It therefore becomes necessary to address the taxation of cryptocurrency transactions to prevent tax avoidance that can arise therefrom. This objective of this article is toexamine the nature and the legal status of cryptocurrency. The article will also examine the tax treatment of cryptocurrency in some selected tax jurisdictions as well as the tax challenges posed by cryptocurrency transactions.
The objective in this study were to study the state of the art of Non-government-based cryptocurrency public policy in Thailand, to study the state of the art of Non-government-based cryptocurrency public policy in Argentina, to compare non-government-based cryptocurrency public policy between Thailand and Argentina, and to discuss implications for both Thailand and Argentina. Documentary research was employed in this study. The findings showed that Thailand and Argentina used a set of policy instruments and blockchain as a financial innovation in order to promote their political equilibriums. The comparison of non-government-based cryptocurrency public policy between Thailand and Argentina was conducted in four issues – scope, policy instrument, distribution, and restraints and innovation. In addition, both countries used both active and passive measures in order to maintain the stability of their political systems.
Blockchain is comprised of a scattered database of blocks containing information which is encrypted with special algorithms called hash, that enable data monitoring. The digitization of payment systems as well as goods and services has led to the development of cryptocurrencies such as Bitcoin. However, although it was originally created for bitcoin trading, the potential of blockchain extends beyond cryptocurrencies and is still evolving. The aim of this study is to investigate the use of blockchain technology in taxation. In the study, the use of blockchain technology in taxation was examined and analyzed for selected countries and Turkey. Legal and administrative studies continue to be carried out in countries around the world to reduce the administrative burden in tax systems, allow tax collection at low costs and reduce tax deficits. As a result, blockchain technology will lead to change and transformation of the world tax regimes due to its transparency.
O presente trabalho tem como objetivo demonstrar a origem e a formação de criptomoedas, compreendendo a natureza material dessa tecnologia em detalhes, será possível categorizá-la em um fator de incidência tributária adequado, pois apenas compreendendo o objeto da tributação, em sua essência, será possível classificá-lo com menores riscos de incorrer em erro, aplicando o imposto mais adequado ao caso específico. Consequentemente, serão apresentadas a criptomoeda e suas possíveis classificações na ordem jurídica, a fim de entendê-la como um bem ou como um ativo de mercado, ou seja, uma própria moeda. Essa classificação é fundamental para que seja possível determinar como a incidência tributária será dada na moeda virtual e, é claro, permitir a aplicação da regra da matriz tributária a ela. Além disso, nesta pesquisa será trabalhada, em um primeiro momento, a constituição existencial da criptomoeda, além de uma explicação tributária sobre os fatores de incidência que podem ser aplicados a essa tecnologia, buscando entender a essência tanto no amplo escopo jurídico e na própria tributação. Dessa forma, será necessário analisar a moeda virtual de maneira semelhante a outros ativos que possuem operações fechadas, bem como verificar o entendimento internacional sobre o assunto, uma vez que essa tecnologia é definitivamente um ativo internacional.
ABSTRACT: The treatment of virtual currencies when it comes to income tax differs as much as the definitions of virtual currencies from country to country. It depends on this definition whether the existing laws corresponding to income tax can also include virtual currencies. Most commonly, virtual currencies fall under a certain category of income and thus are taxed accordingly. Many states have also published clarifying documents on how virtual currencies fit for tax purposes and how the existing legislative framework applies to them. Very few states consider cryptocurrencies as another type of currency, complementary to the usual one, whether we are talking about domestic or foreign markets, thus including them for tax purposes. KEY WORDS: Tax system, Cryptocurrencies, legislation, regulation
Mateus Ferreira de Almeida Lima, Francisco das Chagas Bezerra Neto, José Cândido da Silva Nóbrega, Auzenir de Oliveira Abrantes Monteiro · 6 authors
During the passage of time, it is necessary for a legal system to introduce structural reforms, given the maximum effectiveness of Law. And, among the main reforms proposed to the Brazilian order, there is the tax reform, represented, above all, by the PEC 45/2019. Several points are innovative, such as the adoption of the Value Added Tax (VAT) - renamed Tax on Goods and Services (IBS) - on consumer goods, in the three federal spheres, the basis of which comes from five other taxes: Tax on Industrialized Products ( IPI), Tax on Circulation of Goods and Services (ICMS), Tax on Services (ISS), Contribution to the Financing of Social Security (Cofins) and Social Integration Program (PIS); having specific rates for each federative entity and abolition of taxes such as the Tax on Financial Operations (IOF). However, would the creation or abolition of these taxes be positive or negative for the fiscal decentralization proposed in the 1988 Charter? An unsolvable dichotomy. Despite the selective rates for the three federative entities (Union, States and Municipalities), the Reform intends to create a central body, whose character would be to inspect such rates according to the total. There is, therefore, a paradox: between one and triune. Based on such affirmative assumptions, this article will have an exploratory character, with deduction as a method and data collection extracted from documents, bibliography and data taken from administrative bodies.
AbstractLegalization of cryptocurrency transactions in Indonesia is a breath of fresh air for the community. The increase in cryptocurrency investors every year shows that there are promising benefits from the transaction process. Even though Indonesia's economic condition is currently experiencing a recession, it has no impact on the sustainability of cryptocurrency transactions. So it can be said that this transaction can be an opportunity for tax revenue. However, it is unfortunate that there are no specific tax rules that regulate the collection of income tax on profits derived from cryptocurrency transactions in Indonesia. Based on these problems, the purpose of this study is to analyze the income tax collection system and law enforcement of income tax payments for cryptocurrency transactions in Indonesia. And the research method used is normative law by conducting extensive interpretation to find law (rechtsvinding). Keywords: Cryptocurrency; Income Tax; Tax Law Enforcement.AbstrakDilegalkannya transaksi cryptocurrency di Indonesia merupakan angin segar bagi masyarakat. Bertambahnya investor cryptocurrency pada setiap tahunnya menandakan bahwa terdapat suatu keuntungan yang menjanjikan dari proses transaksi tersebut. Meskipun kondisi perekonomian Indonesia yang sedang resesi saat ini, ternyata sama sekali tidak membawa pengaruh terhadap keberlangsungan transaksi cryptocurrency. Sehingga dapat dikatakan bahwa adanya transaksi tersebut bisa menjadi suatu peluang penerimaan perpajakan. Namun disayangkan belum tersedianya aturan pajak yang khusus untuk mengatur pemungutan Pajak Penghasilan atas keuntungan yang diperoleh dari transaksi cryptocurrency di Indonesia. Sehingga pemerintah belum bisa secara optimal mengontrol penerimaan pajak dari transaksi cryptocurrency di Indonesia. Berdasarkan permasalahan tersebut tujuan dari penelitian ini adalah untuk menganalisis sistem pemungutan Pajak Penghasilan serta penegakan hukum pembayaran Pajak Penghasilan atas transaksi cryptocurrency di Indonesia. Dan metode penelitian yang digunakan adalah hukum normatif dengan interpretasi ekstensif guna menemukan suatu hukum (rechtsvinding).Kata Kunci: Cryptocurrency; Pajak Penghasilan; Penegakan Hukum Pajak.
Dado el creciente uso de las criptomonedas a nivel mundial, y dentro de estas el bitcoin (BTC), resulta necesario analizar el marco jurídico aplicable con el fin de detectar posibles cambios o actualizaciones. Uno de los aspectos incluidos en dicho análisis refiere a la posibilidad de efectuar el pago del salario de los trabajadores en bitcoins. En este artículo se busca, desde un abordaje principalmente jurídico y económico, conceptualizar jurídicamente al bitcoin para luego evaluar si la normativa vigente en Uruguay habilita el pago de salarios con esta criptomoneda. Se concluye que en Uruguay existen limitaciones legales para que los salarios mínimos se paguen con otros medios distintos de la moneda nacional, aunque podría establecerse un pago parcial con BTC mediante el mecanismo de los Consejos de Salarios. Para la parte del salario que supere el mínimo no habría inconvenientes, tanto se considere al BTC como dinero privado o como un bien incorporal “común”.
A game between a representative household and a government was analyzed. The household chose which fractions of two currencies to hold, e.g., a national currency such as a Central Bank Digital Currency (CBDC) and a global currency such as Bitcoin or Facebook’s Diem, and chose the tax evasion probability for each currency. The government chose, for each currency, the probability of detecting and prosecuting tax evasion, the tax rate, and the penalty factor imposed on the household when tax evasion was successfully detected and prosecuted. The household′s fraction of the national currency, the government’s monitoring probability of the national currency, and the penalty factor imposed on the global currency, increased in the household′s Cobb Douglas output elasticity for the national currency. The household′s probabilities of tax evasion on both currencies increased in the government’s Cobb Douglas output elasticity for the national currency. The government’s taxation on both currencies decreased in the output elasticity for the national currency. High output elasticity for the national currency eventually induced the government to tax that currency more than the global currency. The household′s probability of tax evasion on the global currency increased in the government’s output elasticity for that currency. The household was less (more) likely to tax evade on the national (global) currency if the government valued taxation and penalty on the national (global) currency. The results are illustrated numerically where each of the eight parameter values was varied relative to a benchmark.
Cryptocurrencies are revolutionary digital currencies used by people on a peer to peer network. Cryptocurrencies are predominantly used as a payment method in business transactions. However, challenges arise with cryptocurrency borne transactions due to the lack of universal accepted classification of cryptocurrencies, the result of which leads to unintended tax consequences for cryptocurrency users. This article examines the recent amendment to the Value-Added Tax (VAT) 89 of 1991 pertaining specifically to the VAT treatment of cryptocurrencies in South Africa. Currently, transactions in cryptocurrencies are deemed to be financial services in South Africa. This means that a supply of any cryptocurrency in South Africa is exempt from VAT. This article makes a comparison with the Australian legislative framework to determine how cryptocurrencies are treated for VAT/GST purposes in that country. Although the move to regulate cryptocurrencies is welcomed, this article argues that cryptocurrency activities are incorrectly legislated as financial services in the VAT Act.
This study theoretically and empirically analyzes the relationship between decentralization and welfare. The model identifies conditions in which a decentralized government is utility-maximizing compared to a centralized one. The empirical analysis utilized data from Philippine provinces to study the relationship between several decentralization indicators and welfare, as measured by per capita income, human development index, and poverty. Results suggest that fiscal independence, or the ability of local governments to generate their own revenues to finance their own expenditures rather than relying on central government transfers, is positively associated with per capita income and HDI. Moreover, this relationship is stronger when governance is better and weaker among lower-income provinces. In contrast, a higher number of local government units per population is linked to adverse development outcomes, and this association is stronger among lower-income provinces and weaker among those with good governance.