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Tax payments in Bitcoin could happen sooner than investors think

BlockChainBulletin Staff

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Tax payments in Bitcoin could happen sooner than investors think

Cryptocurrency payments, including for taxes, may be arriving sooner than investors think

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While the institutional and regulatory shift toward more pro-crypto, or at least less anti-crypto, stances and positions continues, there remains one specific area where progress has remained very limited: taxes and tax treatment. While crypto investors and advocates have been able to achieve some success with the SEC, both in court and in terms of public perception, the IRS has been less open to change. In fairness, it is the IRS’s prerogative to enforce and interpret current tax laws; it is up to Congress to change existing tax laws before the IRS can change enforcement mechanisms. That said, the IRS has been active in issuing crypto tax announcements, answering FAQs, and making public comments on these topics; conversations that are often helpful but have not led to any changes in tax treatment.

Building on the momentum that has recently gathered steam in Congress in the form of 1) rebuke of SAB 121, 2) passage of FIT21 in the House, and 3) the influence of Crypto SuperPACs, Florida Representative Matthew Gaetz has introduced a I count that would allow U.S. taxpayers to pay their federal taxes using bitcoin. Two of the major changes this bill, if passed, would bring about are an amendment to the IRS tax code to allow for such a payment option and the enlistment of the U.S. Treasury to develop and implement a system to allow tax payments to be processed in bitcoin.

The odds of this bill becoming law are low, especially since cryptocurrencies were a late addition to the list of top issues for the 2024 presidential election, but there are a few factors worth considering.

It wouldn’t be the first in the United States

One piece of information that may surprise some cryptocurrency investors is that this bill is not the first time it has been suggested, but it is also not the first time that taxes have been paid in bitcoin in the United States. Ohio was the first state to launch a pilot program allowing residents to pay certain state taxes and other fees using bitcoin before postponing the program in 2019 due to technical issues. After this pilot, many others States including Colorado and Florida, both of which allow residents to pay certain taxes and fees using bitcoin.

Regardless of whether or not Rep. Gaetz’s proposed legislation moves forward in any material capacity, the fact remains that there is, and has been, a state-level willingness to allow taxpayers to pay for certain expenses using bitcoin. Government mandates and incentives, however, are only part of the larger story of cryptocurrencies, or the economic attractiveness of any asset class, and these efforts ignore a fundamental issue.

Do Bitcoin Investors Really Want to Pay Taxes Using Bitcoin?

Who would pay using Bitcoin

Tax policy aside, it’s important to remember that most bitcoin tends not to be traded, despite retail discussions on social media and recent institutional buying. Even taking recent profit-taking into account in the context of the bull market in 2024, the percentage of bitcoin that has not moved over the last 18 months remains at over 60%. Long-term hodlers are not a new phenomenon in the cryptocurrency market, but the fact that such a high percentage remain unchanged despite recent market rallies is indicative of the apparent lack of interest among bitcoin investors in spending their bitcoin holdings.

In addition to the long-term belief that investors have in these assets, remembering that for many bitcoin is an asset class and investment like any other, the tax treatment and accounting requirements for such transactions present a significant obstacle. For example, being able to pay federal income taxes using bitcoin is fine, but if every other transaction generates a tax liability, a tax reporting requirement, and potential headaches with data collection and preparation, this will continue to dissuade l use of bitcoin as a medium of exchange.

Integrating cryptocurrency payments is a good policy

Since any bill that would cause substantive changes to US crypto policy remains unlikely to become law in the short to medium term, analyzing any specific piece of proposed legislation may seem like a moot point. This does not take into account the larger importance of these proposed changes, as the widespread integration of the idea of ​​crypto payments is a sign of how far the conversation has quickly moved. Gone are the days when the SEC wielded unchallenged influence over the regulatory debate, facing multiple setbacks and a recent lawsuit filed against it by Monetary base. In its place is an environment where, while still controversial and viewed with suspicion by some lawmakers, crypto and tokenized applications are finally emerging from the shadow cast over the industry by the collapse and criminal activity of FTX.

Cryptocurrency payments for taxes and more continue to move from concept to reality; this is good news for cryptocurrencies and US innovation in general.

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We are the editorial team of Blockchainbulletin, where seriousness meets clarity in cryptocurrency analysis. With a robust team of finance and blockchain technology experts, we are dedicated to meticulously exploring complex crypto markets with detailed assessments and an unbiased approach. Our mission is to democratize access to knowledge of emerging financial technologies, ensuring they are understandable and accessible to all. In every article on Blockchainbulletin, we strive to provide content that not only educates, but also empowers our readers, facilitating their integration into the financial digital age.

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Blockchain

Bitcoin (BTC) Price Crashes as Donald Trump’s Win Odds Dip

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Stephen  Alpher

Markets received nominally good news on Thursday morning, with the US ISM manufacturing PMI for July falling much more than economists expected, sending interest rates to multi-month lows across the board. Additionally, initial jobless claims in the US jumped to their highest level in about a year. Taken together, the data adds to the sentiment that the US is on the verge of a cycle of monetary easing by the Federal Reserve, which is typically seen as bullish for risk assets, including bitcoin.

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Terra Blockchain Reboots After Reentry Attack Leads to $4M Exploit

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Terra Blockchain Reboots After Reentry Attack Leads to $4M Exploit

Please note that our Privacy Policy, terms of use, cookiesAND do not sell my personal information has been updated.

CoinDesk is a awarded press agency that deals with the cryptocurrency sector. Its journalists respect a rigorous set of editorial policiesIn November 2023, CoinDesk has been acquired from the Bullish group, owner of Bullisha regulated digital asset exchange. Bullish Group is majority owned by Block.one; both companies have interests in a variety of blockchain and digital asset businesses and significant digital asset holdings, including bitcoin. CoinDesk operates as an independent subsidiary with an editorial board to protect journalistic independence. CoinDesk employees, including journalists, are eligible to receive options in the Bullish group as part of their compensation.

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$6.8M Stolen, ASTRO Collapses 60%

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$6.8M Stolen, ASTRO Collapses 60%

In the latest news in the blockchain industry, there has been a turn of events that has severely affected Terra and its users and investors, with the company losing $6.8 million. The attack, which exploited a reentry vulnerability in the network’s IBC hooks, raises questions about the security measures of the once celebrated blockchain protocol.

A web3 security company, Cyvers Alerts reported that the exploit occurred on July 31st and caused the company to lose 60 million ASTRO, 3.5 million USDC500,000 USDTand 2. 7 BitcoinThe flaw was discovered in April and allows cybercriminals to make payments non-stop by withdrawing money from the network.

Earth’s response

Subsequently, to the hack employed on the Terra blockchain, its official X platform declared the Suspension network operations for a few hours to apply the emergency measure. Finally in its sendTerra’s official account agreed, sharing that its operations are back online: the core transactions that make up the platform are now possible again.

However, the overall value of the various assets lost in the event was unclear.

Market Impact: ASTRO Crashes!

The hack had an immediate impact on the price of ASTRO, which dropped nearly 60% to $0.0206 following the network shutdown. This sharp decline highlights the vulnerability of token prices to security breaches and the resulting market volatility.

This incident is not the first time Terra has faced serious challenges. Earlier this year, the blockchain encountered significant problems that called into question its long-term viability. These repeated incidents underscore the need for stronger security measures to protect users’ assets and maintain trust in the network.

The recent Terra hack serves as a stark reminder of the ongoing security challenges in the blockchain space. As the platform works to regain stability, the broader crypto community will be watching closely.

Read also: Record Cryptocurrency Theft: Over $1 Billion Stolen in 2024

This is a major setback for Terra. How do you think this will impact the blockchain industry?



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Luxembourg proposes updates to blockchain laws | Insights and resources

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Luxembourg proposes updates to blockchain laws | Insights and resources

On July 24, 2024, the Ministry of Finance proposed Blockchain Bill IVwhich will provide greater flexibility and legal certainty for issuers using Distributed Ledger Technology (DLT). The bill will update three of Luxembourg’s financial laws, the Law of 6 April 2013 on dematerialised securitiesTHE Law of 5 April 1993 on the financial sector and the Law of 23 December 1998 establishing a financial sector supervisory commissionThis bill includes the additional option of a supervisory agent role and the inclusion of equity securities in dematerialized form.

DLT and Luxembourg

DLT is increasingly used in the financial and fund management sector in Luxembourg, offering numerous benefits and transforming various aspects of the industry.

Here are some examples:

  • Digital Bonds: Luxembourg has seen multiple digital bond issuances via DLT. For example, the European Investment Bank has issued bonds that are registered, transferred and stored via DLT processes. These bonds are governed by Luxembourg law and registered on proprietary DLT platforms.
  • Fund Administration: DLT can streamline fund administration processes, offering new opportunities and efficiencies for intermediaries, and can do the following:
    • Automate capital calls and distributions using smart contracts,
    • Simplify audits and ensure reporting accuracy through transparent and immutable transaction records.
  • Warranty Management: Luxembourg-based DLT platforms allow clients to swap ownership of baskets of securities between different collateral pools at precise times.
  • Tokenization: DLT is used to tokenize various assets, including real estate and luxury goods, by representing them in a tokenized and fractionalized format on the blockchain. This process can improve the liquidity and accessibility of traditionally illiquid assets.
  • Tokenization of investment funds: DLT is being explored for the tokenization of investment funds, which can streamline the supply chain, reduce costs, and enable faster transactions. DLT can automate various elements of the supply chain, reducing the need for reconciliations between entities such as custodians, administrators, and investment managers.
  • Issuance, settlement and payment platforms:Market participants are developing trusted networks using DLT technology to serve as a single source of shared truth among participants in financial instrument investment ecosystems.
  • Legal framework: Luxembourg has adapted its legal framework to accommodate DLT, recognising the validity and enforceability of DLT-based financial instruments. This includes the following:
    • Allow the use of DLT for the issuance of dematerialized securities,
    • Recognize DLT for the circulation of securities,
    • Enabling financial collateral arrangements on DLT financial instruments.
  • Regulatory compliance: DLT can improve transparency in fund share ownership and regulatory compliance, providing fund managers with new opportunities for liquidity management and operational efficiency.
  • Financial inclusion: By leveraging DLT, Luxembourg aims to promote greater financial inclusion and participation, potentially creating a more diverse and resilient financial system.
  • Governance and ethics:The implementation of DLT can promote higher standards of governance and ethics, contributing to a more sustainable and responsible financial sector.

Luxembourg’s approach to DLT in finance and fund management is characterised by a principle of technology neutrality, recognising that innovative processes and technologies can contribute to improving financial services. This is exemplified by its commitment to creating a compatible legal and regulatory framework.

Short story

Luxembourg has already enacted three major blockchain-related laws, often referred to as Blockchain I, II and III.

Blockchain Law I (2019): This law, passed on March 1, 2019, was one of the first in the EU to recognize blockchain as equivalent to traditional transactions. It allowed the use of DLT for account registration, transfer, and materialization of securities.

Blockchain Law II (2021): Enacted on 22 January 2021, this law strengthened the Luxembourg legal framework on dematerialised securities. It recognised the possibility of using secure electronic registration mechanisms to issue such securities and expanded access for all credit institutions and investment firms.

Blockchain Act III (2023): Also known as Bill 8055, this is the most recent law in the blockchain field and was passed on March 14, 2023. This law has integrated the Luxembourg DLT framework in the following way:

  • Update of the Act of 5 August 2005 on provisions relating to financial collateral to enable the use of electronic DLT as collateral on financial instruments registered in securities accounts,
  • Implementation of EU Regulation 2022/858 on a pilot scheme for DLT-based market infrastructures (DLT Pilot Regulation),
  • Redefining the notion of financial instruments in Law of 5 April 1993 on the financial sector and the Law of 30 May 2018 on financial instruments markets to align with the corresponding European regulations, including MiFID.

The Blockchain III Act strengthened the collateral rules for digital assets and aimed to increase legal certainty by allowing securities accounts on DLT to be pledged, while maintaining the efficient system of the 2005 Act on Financial Collateral Arrangements.

With the Blockchain IV bill, Luxembourg will build on the foundations laid by previous Blockchain laws and aims to consolidate Luxembourg’s position as a leading hub for financial innovation in Europe.

Blockchain Bill IV

The key provisions of the Blockchain IV bill include the following:

  • Expanded scope: The bill expands the Luxembourg DLT legal framework to include equity securities in addition to debt securities. This expansion will allow the fund industry and transfer agents to use DLT to manage registers of shares and units, as well as to process fund shares.
  • New role of the control agent: The bill introduces the role of a control agent as an alternative to the central account custodian for the issuance of dematerialised securities via DLT. This control agent can be an EU investment firm or a credit institution chosen by the issuer. This new role does not replace the current central account custodian, but, like all other roles, it must be notified to the Commission de Surveillance du Secteur Financier (CSSF), which is designated as the competent supervisory authority. The notification must be submitted two months after the control agent starts its activities.
  • Responsibilities of the control agent: The control agent will manage the securities issuance account, verify the consistency between the securities issued and those registered on the DLT network, and supervise the chain of custody of the securities at the account holder and investor level.
  • Simplified payment processesThe bill allows issuers to meet payment obligations under securities (such as interest, dividends or repayments) as soon as they have paid the relevant amounts to the paying agent, settlement agent or central account custodian.
  • Simplified issuance and reconciliationThe bill simplifies the process of issuing, holding and reconciling dematerialized securities through DLT, eliminating the need for a central custodian to have a second level of custody and allowing securities to be credited directly to the accounts of investors or their delegates.
  • Smart Contract Integration:The new processes can be executed using smart contracts with the assistance of the control agent, potentially increasing efficiency and reducing intermediation.

These changes are expected to bring several benefits to the Luxembourg financial sector, including:

  • Fund Operations: Greater efficiency and reduced costs by leveraging DLT for the issuance and transfer of fund shares.
  • Financial transactions: Greater transparency and security.
  • Transparency of the regulatory environment: Increased attractiveness and competitiveness of the Luxembourg financial centre through greater legal clarity and flexibility for issuers and investors using DLT.
  • Smart Contracts: Potential for automation of contractual terms, reduction of intermediaries and improvement of transaction traceability through smart contracts.

Blockchain Bill IV is part of Luxembourg’s ongoing strategy to develop a strong digital ecosystem as part of its economy and maintain its status as a leading hub for financial innovation. Luxembourg is positioning itself at the forefront of Europe’s growing digital financial landscape by constantly updating its regulatory framework.

Local regulations, such as Luxembourg law, complement European regulations by providing a more specific legal framework, adapted to local specificities. These local laws, together with European initiatives, aim to improve both the use and the security of projects involving new technologies. They help establish clear standards and promote consumer trust, while promoting innovation and ensuring better protection against potential risks associated with these emerging technologies. Check out our latest posts on these topics and, for more information on this law, blockchain technology and the tokenization mechanism, do not hesitate to contact us.

We are available to discuss any project related to digital finance, cryptocurrencies and disruptive technologies.

This informational piece, which may be considered advertising under the ethics rules of some jurisdictions, is provided with the understanding that it does not constitute the rendering of legal or other professional advice by Goodwin or its attorneys. Past results do not guarantee a similar outcome.

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