This work focuses on the calculation and comparison of the burden of personal income tax on cryptocurrencies and their mining in the Czech Republic, to obtain the necessary information and a better view of their taxation. The research part of this thesis describes the history, technology of cryptocurrencies, their use and the legislative frameworks needed to calculate the personal income tax on cryptocurrencies. In the practical part, calculations of personal income tax and comparison of the burden of various situations that a taxpayer in the Czech Republic may encounter when trading or mining cryptocurrencies are made.
The taxation of bitcoins and similar cryptoassets is of immense economic importance to the individual taxpayer and to society as a whole. In recent years, they have effectuated a number of tax law issues in Denmark. In Norway, Sweden, and Denmark, the taxation of bitcoins and similar cryptoassets is based on the general rules of tax law. This article contains a comparative analysis of the three Scandinavian countries’ tax treatment of gains and losses on them. The analysis shows that the Norwegian and Swedish rules that have been significantly changed and modernized do not at all present the same challenges as the Danish rules. In Denmark, there is need for uniformity, predictability, and clarity to be introduced into the taxation rules. Therefore, the article also provides some reflections how to change the Danish tax legislation. Bitcoins, cryptocurrencies, cryptoassets, capital gains taxation, Danish income tax, Norwegian income tax, Swedish income tax, speculation taxation
Decentralized Autonomous Organization (DAO) is a blockchain-based governance structure allowing all shareholders to participate in daily decision-making through voting on proposals. However, as centralization trends of blockchain documented in previous literature, voting delegation is on the rise for governance efficiency. This paper utilizes a DeFi company called MakerDAO to analyze the efficiency of such delegation design on DAO. Firstly, the delegates have demonstrated their expertise, thereby more likely to participate in voting and make well-informed choices. Secondly, voting delegates may prioritize personal interests over the collective interests of MakerDAO when their interest conflicted with MakerDAO is large enough and they gain sufficient voting power to influence the voting outcome. Thirdly, market monitoring can generally reward (punish) delegates for correct (wrong) votes through giving new or withdraw old delegations. What’s more, delegates with skills will be further rewarded. However, it remains challenging to consistently penalize delegates whose interests misalign with those of DAO, even when their holdings are transparently visible. This paper contributes to literatures on the evolutionary process of decentralized designed platform to be centralized or reintermediated.
This paper outlines the key complexities in applying traditional tax principles to proof of stake – or staking – rewards. How staking activities and rewards are characterised is fundamental to determine how a jurisdictions tax rules will ultimately apply. Core issues for taxing staking rewards surround arguments around four key interrelated themes: (i) dilution and realisation (ii) passivity and the performance of services (iii) validators and delegators and (iv) minting new tokens and transaction fees. This paper presents an exploration of some of the key tax principles relevant to staking rewards, drawing on legislation, precedent and guidance across Australia and the United States of America to exemplify the challenges therein. In doing so, this paper examines the role of the staker, the theoretical diluting effect of minting staking rewards, income characterisation and the challenges of residency and source. Such considerations highlight that the bespoke, decentralised nature of staking means that jurisdictional claims and overlaps will challenge taxpayers and tax authorities in the tax compliance function.
The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 as the legal basis for cryptocurrency income tax does not reflect the principle of fairness because the consideration is based on the principle of ease of administration. This paper aims to provide an alternative income tax legal framework on cryptocurrency based on the principle of justice. It is expected to be a step to increase state revenue through the sector of cryptocurrency tax. This paper employs a conceptual and comparative approach to normative research. Furthermore, the researcher compares income tax regulations and policies on cryptocurrency in Indonesia and Canada with the theory of justice to obtain answers to legal problems. The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 does not reflect the principle of justice because the final tax rate does not reflect the tax burden. In addition, there are limitations on the tax collector's authority, so tax collection is not comprehensive. Therefore, this paper compares and analyses income tax regulations and policies in Indonesia and Canada to obtain several alternative forms of fair tax legal framework on cryptocurrency. Alternative cryptocurrency income tax regulation that can be accommodated by the government is to change to a progressive rate to fulfill tax fairness, change the collection system to a self-assessment and do not differentiate the source of income and also cooperate with various exchanges to exchange transaction data to prevent criminal acts.
David King Boison, Ebenezer Malcalm, Ahmed Antwi-Boampong, Musah Osumanu Doumbia · 5 authors
The study assessed the factors that influence the adoption of blockchain (BC) in Ghana's public procurement delivery. The study adopted correctional design and utilized the extended unified theory of the acceptance and use of technology (UTAUT2) as the conceptual basis to determine whether performance expectancy (PE), behavioral intent (BI), effort expectancy (EE), social influence (SI), facilitating conditions (FC), hedonic motivation (HM), price value (PV), and habit (HT) were predictors of the intention of state owned enterprises to adopt blockchain programs in the implementation of the public procurement act. Only four constructs, namely PE, EE, FC, and HT, were found to influence the behavioral intention (BI) of service providers to participate in a BC. This study provides a deeper understanding of the adoption of BC in the delivery of public contracts.
Although blockchain technology is disruptive, revolutionary, and foundational, its application across different countries with varying levels of socio/economic development is uneven. Accordingly, this paper examines blockchain technology in ASEAN (Association of Southeast Asian Nations). With its sizeable populations and economic diversity, ASEAN provides a suitable staging ground for examining the factors that facilitate or impede blockchain technology. This paper discusses the preconditions for blockchain adoption, enabling factors relating to regulatory policies, and illustrative cases depicting new blockchain solutions or improvements over current practices. Based on these narratives, a six-step roadmap delineates the need for regulatory clarity, the balance between public versus private policies, and pathways for securing competitive strategies and organizational advantages.
In this article, the author analyses the VAT treatment of non-fungible tokens (NFTs), which is an innovative service within the e-commerce industry. VAT faces different challenges when it comes to taxing e-commerce transactions, and in order to have certainty on the tax implications it is important first to understand the business itself. The sale of NFTs might trigger additional payments, such as gas fees, royalties and marketplaces fees, which is addressed by the author in this article.
The article examines existing legal approaches to general regulation of cryptocurrencies as well as their taxation in some foreign states (the USA, the Netherlands,, Germany, Portugal, Singapore). A comparative analysis based on international standards of fiscal policy (e.g. OECD tax classification) was conducted to assess differences and similarities across multiple jurisdictions. As a result, some generalized legal approaches to the taxation of cryptocurrencies are derived.
Currently, blockchain is one of the most innovative emerging digital technologies. As such, it can undermine traditional business models and revolutionize tax administration. This objective of this article is to present the potential of blockchain technology in the administration of specific tax categories such as payroll taxes, value added tax, international taxes, and customs. It also analyses blockchain technology’s strengths, weaknesses, opportunities, and threats (SWOT) with a focus on tax administration. As a generator of a substantial amount of information, tax administration requires reliable and efficient technology for processing and storing the information that is generated. The results of the analysis showed strengths such as a lower cost of fulfilling tax liabilities, a direct connection with taxpayers without the need of third parties. a higher degree of efficiency, and threats such as insufficient funds for modernization, knowledge and skills of employees, and willingness to adapt and high investment costs related to implementation. Moreover, it will modernize accounting and tax payments. Blockchain technology, digitalization, tax administration, SWOT analysis, digital economy, digital services, tax policy
This article aims to explore the fundamental elements of a blockchain-based tax system by approaching the research question of when to use blockchain for tax. The authors, after introducing the basics of blockchain technology, address the conceptual theoretical perspective by identifying the preconditions under which blockchain can concretely represent a valuable opportunity for tax. In this respect, the analysis starts from the systematic literature review and also covers the different points of view from which to consider the development of a blockchain-based tax system, including the tax administration’s perspective, the taxpayer’s perspective, and the ecosystem perspective. Furthermore, the article addresses the empirical analysis of the current blockchain pilot projects in the tax domain; in this respect, the objective is to verify whether and how each use case concretely addresses the above preconditions. The authors also discuss some future possibilities for more blockchain-based use cases having regard to revenue sourcing rules under the OECD Pillar One proposal and transfer pricing control. In the conclusions, the authors argue that, to comply with the principle of tax efficiency, blockchain-based use cases for tax should always comply with the preconditions identified under the present study.
Jeffrey Owens, Nathalia Araujo Lage E Oliveira Costa
In this article, Owens and Costa consider how the development of the metaverse,<br/>cryptocurrencies, and non-fungible tokens could fundamentally change established tax concepts and the way tax compliance functions.
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.
Decentralized finance (DeFi) represents a specific application of crypto-asset technology that has made significant advancements in adoption. While academic tax literature has focused on basic crypto-asset transactions, the tax consequences of DeFi transactions have been much less frequently explored. This study considers whether income or expenditure arising in specific DeFi transactions might be classified as interest in terms of South African income tax legislation as well as within the international tax context. Classification as interest has significant implications. Within South African domestic legislation, it impacts the determination of source, quantification of amounts, timing of recognition, application of exemptions, and imposition of withholding tax. Internationally, it has implications for the determination of jurisdictional taxing rights under double tax agreements. This study proposes that, while historically, interest may have been thought of exclusively as arising in the context of monetary debt, this is not a definitive characteristic of interest. Rather, interest represents remuneration for the provision of capital in the form of a loan principal with a contractual right to repayment. Whether each of these elements is present in the cases of the identified DeFi transactions is inconclusive. The study therefore recommends the provision of guidance to taxpayers by South Africa and other jurisdictions, and supports a coordinated approach among jurisdictions in the determination of income tax outcomes.
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.
Cryptocurrencies are a completely new concept that changes not only the way we pay but also the way we experience money. Currently, different member states of the European Union define cryptocurrencies differently and tax the income from cryptocurrency trading differently. Most of the European Union’s member states income from cryptocurrency trading is taxed as capital gains. Therefore, this paper will analyze the legal issues of taxation of cryptocurrencies with income tax and corporate income tax. The de lege ferenda will also analyze the introduction of universal rules for the whole European Union to protect all investors, equal rules within the European Union for all cryptocurrency issuers and all service providers, remove legislative barriers to innovation and cover technological development and future types of cryptocurrencies.
This article develops a sociolegal analysis of the legislation and tax policies implemented by the US and Puerto Rico (PR) governments to incentivize venture capitalists and cryptocurrency investors to relocate to PR. Specifically, the article looks at the role that Act 60 of 2019 played in attracting blockchain proponents and cryptocurrency investors to PR. By analyzing this tax policy and the governmental official discourses, this article demonstrates that the blockchain and cryptocurrency sectors have contributed to the transformation of PR into an offshore financial center or tax haven. Furthermore, the article shows how grassroot movements, among them Abolish Act 60, have organized against this transformation. Thus, the article demonstrates how the slogan “The Paradise Performs” is largely embedded in legal practices, tax evasion, and fraud.
This article aims to demonstrate that blockchain technology is the most optimal solution to tackle the significant challenge that Value Added Tax (VAT) non-compliance poses to the European Union (EU). VAT non-compliance, particularly evasion and fraud, is a complex and costly challenge to EU tax authorities and nations as a whole. Current compliance mechanisms fail to sufficiently ensure the collection of VAT in an effective and truly secure manner, leaving VAT and associated data open to misreporting and exploitation, posing a risk to both individual and national security. Focusing on the design aspects of security, transparency, and efficiency, it will be argued that blockchain provides the opportunity to tackle non-compliance whilst achieving a balance in both taxpayer’s wants and tax authorities’ needs. Utilizing current examples of blockchain implementation, as well as a specific VAT Coin proposal, it is demonstrated that a blockchain solution can come in many forms; be it a public, private or consortium blockchain, with each type respectively achieving compliance whilst prioritizing different aspects of data security and privacy. Ultimately, it is indicated that a blockchain-based VAT system has the potential to enable a significant reduction in the risk of non-compliance, whilst streamlining taxpayer obligations and protecting valuable datasets. blockchain, VAT, tax, cryptocurrency, MTF, VATCoin, fraud, non-compliance, security, EU
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.