Regulation
Crypto regulations are imminent, but will regulators fall in line?
Regulatory changes in crypto have been the subject of heated debate for many years. The general philosophy of cryptocurrency is that of anarchism or anarcho-capitalism. Proponents of technology tend to be adamantly opposed to any type of government intervention in markets or technology.
However, as digital assets and blockchain technology become mainstream, governments must respond. They must either integrate these assets into existing regulations or create a new regulatory framework.
Let’s take a look at how crypto regulation has evolved over the years, with a focus on US regulations.
Background: crypto regulation in the United States
Much of the discussion around the regulation of cryptocurrencies in the United States has focused on the so-called Howey test. Originating from a landmark Supreme Court case from 1946, the Howey test provides the criteria used to determine whether or not something can be considered a security, that is, an investment contract.
The test has four parts and indicates that a title is:
1. An investment of money;
2. In a joint enterprise;
3. Expecting profit; And
4. These benefits come from the efforts of others.
If an investment aligns with these four precepts, then it can be considered a security, meaning it falls within the regulatory jurisdiction of the state. Securities and Exchange Commission (SEC ).
The Howey test is almost 80 years old. Apply it to new technologies like cryptocurrencies can be difficult. However, many argue that most cryptocurrencies constitute investment contracts that meet the criteria of the Howey test.
Bitcoin could be an exception, as the SEC has suggested that BTC looks more like a commodity. This reasoning is part of what led to the approval of spot Bitcoin ETFs in the United States in January 2024.
A Timeline of Cryptocurrency Regulation
Between 2009, the year Bitcoin was invented, and 2013, only a few significant developments took place. cryptocurrency regulation. These included:
- The stopping of Silk Road Market and seizure of his Bitcoin by the Federal Bureau of Investigation (FBI), and
- A seizure order being issued against Dwolla, a subsidiary of Mount Gox Crypto Exchangeby the Department of Homeland Security (DHS).
Silk Road was a Bitcoin marketplace used in part for the sale of illicit substances. Its founder, Ross Ulbricht, was sentenced to two life sentences without parole. On the other hand, Mt. Gox was an exchange responsible for 70% of Bitcoin trading at the time.
These two coercive measures were the first known measures taken against cryptocurrencies by the authorities.
In 2014, the Internal Revenue Service (IRS) issued guidance classify cryptocurrency as a form of property, which makes it subject to capital gains tax. Until now, no type of cryptocurrency gain or loss had any tax implications.
Interestingly, while the IRS considers crypto to be property, other agencies like the FBI consider it to be a form of currency. This illustrates the lack of clear regulatory guidance and the resulting compliance difficulties for consumers, businesses and institutions.
Later, in 2020, the IRS would add a question to U.S. tax returns asking taxpayers if they had sold cryptocurrencies in the past year.
In 2016, John Doe’s first subpoena was issued against Coinbase, the largest US-based crypto exchange. A John Doe Summons is a request from the IRS to acquire information about a group of anonymous taxpayers. Coinbase ultimately turned over information on approximately 14,000 U.S. taxpayers who made transactions totaling $20,000 or more. The IRS then informed these individuals that they needed to amend their prior tax returns to avoid penalties and fines.
In March 2022, US President Joe Biden signed an executive order aimed at “ensuring the responsible development of digital assets”. Although not a direct regulatory bill, the order served as a recognition of digital assets from the government of the world’s largest economy. Additionally, this EO called on the U.S. government to take certain specific actions regarding cryptocurrency, including:
- Creating new protections for consumers
- Introduce measures to prevent risks in cryptocurrency markets from leading to broader systemic risks across the U.S. and global economies.
- Mitigating the use of cryptocurrency in illicit activities
- Promote U.S. leadership and dominance in technology and economics
- Supporting technological advances
- Explore the development of a US central bank digital currency (CBDC)
Although the above list is not an exhaustive list of regulatory activities in the United States, it covers many of the most important steps.
Where is crypto regulation going?
Cryptocurrency regulation in 2024 has come a long way since the birth of Bitcoin. Much progress remains to be made and regulations differ from one country to another. The United States and the European Union (EU) have led the way in crypto regulation so far. Time will tell whether these regulations will become too restrictive, as some fear, or whether they will take a more productive form.
Regulatory changes in crypto have been the subject of heated debate for many years. The general philosophy of cryptocurrency is that of anarchism or anarcho-capitalism. Proponents of technology tend to be adamantly opposed to any type of government intervention in markets or technology.
However, as digital assets and blockchain technology become mainstream, governments must respond. They must either integrate these assets into existing regulations or create a new regulatory framework.
Let’s take a look at how crypto regulation has evolved over the years, with a focus on US regulations.
Background: crypto regulation in the United States
Much of the discussion around the regulation of cryptocurrencies in the United States has focused on the so-called Howey test. Originating from a landmark Supreme Court case from 1946, the Howey test provides the criteria used to determine whether or not something can be considered a security, that is, an investment contract.
The test has four parts and indicates that a title is:
1. An investment of money;
2. In a joint enterprise;
3. Expecting profit; And
4. These benefits come from the efforts of others.
If an investment aligns with these four precepts, then it can be considered a security, meaning it falls within the regulatory jurisdiction of the state. Securities and Exchange Commission (SEC ).
The Howey test is almost 80 years old. Apply it to new technologies like cryptocurrencies can be difficult. However, many argue that most cryptocurrencies constitute investment contracts that meet the criteria of the Howey test.
Bitcoin could be an exception, as the SEC has suggested that BTC looks more like a commodity. This reasoning is part of what led to the approval of spot Bitcoin ETFs in the United States in January 2024.
A Timeline of Cryptocurrency Regulation
Between 2009, the year Bitcoin was invented, and 2013, only a few significant developments took place. cryptocurrency regulation. These included:
- The stopping of Silk Road Market and seizure of his Bitcoin by the Federal Bureau of Investigation (FBI), and
- A seizure order being issued against Dwolla, a subsidiary of Mount Gox Crypto Exchangeby the Department of Homeland Security (DHS).
Silk Road was a Bitcoin marketplace used in part for the sale of illicit substances. Its founder, Ross Ulbricht, was sentenced to two life sentences without parole. On the other hand, Mt. Gox was an exchange responsible for 70% of Bitcoin trading at the time.
These two coercive measures were the first known measures taken against cryptocurrencies by the authorities.
In 2014, the Internal Revenue Service (IRS) issued guidance classify cryptocurrency as a form of property, which makes it subject to capital gains tax. Until now, no type of cryptocurrency gain or loss had any tax implications.
Interestingly, while the IRS considers crypto to be property, other agencies like the FBI consider it to be a form of currency. This illustrates the lack of clear regulatory guidance and the resulting compliance difficulties for consumers, businesses and institutions.
Later, in 2020, the IRS would add a question to U.S. tax returns asking taxpayers if they had sold cryptocurrencies in the past year.
In 2016, John Doe’s first subpoena was issued against Coinbase, the largest US-based crypto exchange. A John Doe Summons is a request from the IRS to acquire information about a group of anonymous taxpayers. Coinbase ultimately turned over information on approximately 14,000 U.S. taxpayers who made transactions totaling $20,000 or more. The IRS then informed these individuals that they needed to amend their prior tax returns to avoid penalties and fines.
In March 2022, US President Joe Biden signed an executive order aimed at “ensuring the responsible development of digital assets”. Although not a direct regulatory bill, the order served as a recognition of digital assets from the government of the world’s largest economy. Additionally, this EO called on the U.S. government to take certain specific actions regarding cryptocurrency, including:
- Creating new protections for consumers
- Introduce measures to prevent risks in cryptocurrency markets from leading to broader systemic risks across the U.S. and global economies.
- Mitigating the use of cryptocurrency in illicit activities
- Promote U.S. leadership and dominance in technology and economics
- Supporting technological advances
- Explore the development of a US central bank digital currency (CBDC)
Although the above list is not an exhaustive list of regulatory activities in the United States, it covers many of the most important steps.
Where is crypto regulation going?
Cryptocurrency regulation in 2024 has come a long way since the birth of Bitcoin. Much progress remains to be made and regulations differ from one country to another. The United States and the European Union (EU) have led the way in crypto regulation so far. Time will tell whether these regulations will become too restrictive, as some fear, or whether they will take a more productive form.
Regulation
Crypto community gets involved in anti-government protests in Nigeria
Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the country’s cryptocurrency sector. As the general public demands sweeping governance reforms, crypto community leaders are seizing the opportunity to advocate for specific regulatory changes.
Rume Ophi, former secretary of the Blockchain Stakeholders Association of Nigeria (SiBAN), stressed the critical need to integrate crypto-focused demands into the broader agenda of the protests.
Ophi explained the dual benefit of such requirements, noting that proper regulation can spur substantial economic growth by attracting investors and creating job opportunities. Ophi noted, “Including calls for favorable crypto regulations is not just about the crypto community; it’s about leveraging these technologies to foster broader economic prosperity.”
Existing government efforts
In opposition to Ophi’s call for action, Chimezie Chuta, chair of the National Blockchain Policy Steering Committee, presents a different view. He pointed out The Nigerian government continued efforts to nurture the blockchain and cryptocurrency industries.
According to Chuta, the creation of a steering committee was essential to effectively address the needs of the crypto community.
Chuta also highlighted the creation of a subcommittee to harmonize regulations for virtual asset service providers (VASPs). With the aim of streamlining operations and providing clear regulatory direction, the initiative involves cooperation with major organizations including the Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN). “Our efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,” Chuta said.
A united call for support
The ongoing dialogue between the crypto community and government agencies reflects a complex landscape of negotiations and demands for progress.
While actors like Ophi are calling for more direct action and the inclusion of crypto demands in protest agendas, government figures like Chuta are advocating for recognition of the steps already taken.
As protests continue, the crypto community’s push for regulatory reform highlights a crucial aspect of Nigeria’s broader fight to improve governance and economic policies. Both sides agree that favorable regulations are critical to the successful adoption and implementation of blockchain technologies, signaling a potentially transformative era for Nigeria’s economic framework.
Read also : OKX Exchange Exits Nigerian Market Amid Regulatory Crackdown
Regulation
Cryptocurrency Regulations in Slovenia 2024
Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed greatly to its strong economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a prime destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current regulatory framework for cryptocurrencies support such aspirations?
Let’s explore Slovenia’s cryptocurrency regulations and see if they can propel the country to the forefront of the cryptocurrency landscape. My expectations are positive. What are yours? Before we answer, let’s dig a little deeper.
1. Cryptocurrency regulation in Slovenia: an overview
Slovenia is renowned for its innovation-friendly stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.
The regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency oversee cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EU’s 5th Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.
2. Cryptocurrency regulation in Slovenia: what’s new?
Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:
July 25, 2024:Slovenia has issued a €30 million on-chain digital sovereign bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.
May 14, 2024:NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.
3. Explanation of the tax framework for cryptocurrencies in Slovenia
The Slovenian cryptocurrency tax framework provides clear guidelines for individuals and businesses. According to the Slovenian Financial Administration, the tax treatment depends on the status of the trader and the nature of the transaction.
- People:Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from transactions or market fluctuations are exempt from tax.
- Companies:Capital gains from cryptocurrency-related activities are subject to a 19% corporate tax. Value-added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions that are considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies alone. Tokens issued during ICOs must follow standard accounting rules and corporate tax law.
4. Cryptocurrency Mining in Slovenia: What You Need to Know
Cryptocurrency mining is not restricted in Slovenia, but income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both individuals and legal entities must comply with Slovenian tax regulations.
5. Timeline of the development of cryptocurrency regulation in Slovenia
Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:
- 2013:The Slovenian Financial Administration has issued guidelines stating that income from cryptocurrency transactions should be taxed.
- 2017:The Slovenian Financial Administration has provided more detailed guidelines on cryptocurrency taxation, depending on factors such as the status of the trader and the type of transaction.
- 2023:The EU adopted the Markets in Crypto-Assets (MiCA) Regulation, establishing a uniform regulatory framework for crypto-assets, their issuers and service providers across the EU.
Endnote
Slovenia’s approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting users’ rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continually improving its regulatory environment. Slovenia’s cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.
Read also : Hong Kong Cryptocurrency Regulations 2024
Regulation
A Blank Sheet for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity
photo by Shubham Dhage on Unsplash
As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been more pressing.
With Vice President Kamala Harris now leading the charge on digital asset regulation in the United States, this represents a unique opportunity to start fresh. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gaming platforms like these. online casinos ukAccording to experts at SafestCasinoSites, these platforms come with benefits such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increase in adoption could propel the cryptocurrency market forward.
With this in mind, let’s look at the current state of cryptocurrency regulation in the United States, a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has stifled innovation as companies are reluctant to invest in the United States, fearing regulatory repercussions. A coherent and clear regulatory framework is urgently needed to realize the full potential of cryptocurrencies in the United States.
While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively looking into the cryptocurrency sector by adopting clear and supportive regulatory frameworks. This has led to a brain drain, with companies choosing to locate in more conducive environments.
Vice President Kamala Harris has a unique opportunity to change that narrative and start over. Regulation of cryptocurrencies. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.
Effective regulation of digital assets is essential to foster a safe and innovative environment. The key principles guiding this regulation are clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.
The benefits of effective cryptocurrency regulation are multiple and far-reaching. By establishing clear guidelines, governments can attract investors and mainstream users, driving growth and adoption. This can, in turn, position countries like the United States as global leaders in fintech and innovation. Strong safeguards will also increase consumer confidence in digital assets and related products, increasing economic activity.
A thriving crypto industry can contribute significantly to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many businesses such as tech startups, online casinos, and pharmaceutical companies, demonstrating that clear guidelines can open up new opportunities without stifling innovation. This is a great example of how regulation can allay fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the crypto industry to thrive, thereby promoting progress and prosperity.
Regulation
South Korea Imposes New ‘Monitoring’ Fees on Cryptocurrency Exchanges
Big news! The latest regulatory changes in South Korea are expected to impact major cryptocurrency exchanges like Upbit and Bithumb. Under the updated regulations, these platforms will now have to pay monitoring fees, which could cause problems for some exchanges.
Overview of new fees
In the latest move to regulate cryptocurrencies, the Financial Services Commission announced on July 1 the revised “Enforcement Order of the Act on the Establishment of the Financial Services Commission, etc.” update “Regulations on the collection of contributions from financial institutions, etc.” According to local legislation newsThe regulations require virtual asset operators to pay supervisory fees for inspections conducted by the Financial Supervisory Service starting next year. The total fees for the four major exchanges are estimated at around 300 million won, or about $220,000.
Apportionment of costs
Upbit, which holds a dominant market share, is expected to bear more than 90% of the total fee, or about 272 million won ($199,592) based on its operating revenue. Bithumb will pay about 21.14 million won ($155,157), while Coinone and GOPAX will contribute about 6.03 million won ($4,422) and 830,000 won ($608), respectively. Korbit is excluded from this fee due to its lower operating revenue.
Impact on the industry
The supervision fee will function similarly to a quasi-tax for financial institutions subject to inspections by the Financial Supervisory Service. The new law requires any company with a turnover of 3 billion won or more to pay the fee.
In the past, fees for electronic financial companies and P2P investment firms were phased in over three years. However, the taxation of virtual asset operators has been accelerated, reflecting the rapid growth of the cryptocurrency market and increasing regulatory scrutiny.
Industry reactions
The rapid introduction of the fee was unexpected by some industry players, who had expected a delay. Financial Supervisory Service officials justified the decision by citing the creation of the body concerned and the costs already incurred.
While larger exchanges like Upbit and Bithumb can afford the cost, smaller exchanges like Coinone and GOPAX, which are currently operating at a loss, could face an additional financial burden. This is part of a broader trend of declining trading volumes for South Korean exchanges, which have seen a 30% drop since the new law went into effect.
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