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The future of regulation and taxation of cryptocurrency assets and mining in Russia

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The future regulation and taxation of cryptocurrency assets and mining in Russia

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Russia step by step creates the rules of the game to regulate the activity of cryptocurrency enthusiasts: in the spring of this year, the concept of “digital rights” appeared in the RF Civil Code, and the laws on digital assets and crowdfunding as the Russian version of ICO are expected to be adopted in autumn.

Taxation of cryptocurrency transactions

The bill on digital financial assets says nothing about cryptocurrency taxation. Rather, it creates a conceptual apparatus that will help key players speak the same language and move further in the development and regulation of the industry. The document will define what “digital financial assets” are, what they are and how they are interconnected with “digital rights” that are already enshrined in the Civil Code.

Meanwhile, the second draft law – on attracting investment using investment platforms (crowdfunding), including ICO – has more to do with tax issues.

For example, if we are talking about investment platforms, this directly implies raising money in exchange for certain digital financial assets. As a result, besides the proceeds, investment digital rights are issued, their turnover occurs – purchase, sale, installment as the authorized capital. This gives the state more opportunities to understand how, when and at what price the sale takes place, to determine the tax consequences of these transactions and recover the necessary amount to the budget.

In general, we can say that now the authorities are striving to create a basis for the subsequent introduction of taxation. Amendments to the Civil Code (Federal Law No. 34-FZ), which will come into force this fall, partially fixed the gap in the legislation. In particular, digital rights were classified as property rights, which made it possible to regulate them from the point of view of the Tax Code.

Meanwhile, before the final approval of the bills discussed now, it is difficult to say whether the authorities are trying to create something new in this area or still adhere to the traditional approach to collecting taxes.

Russian legislation does not yet allow dividing digital assets into cryptocurrency and tokens. Earlier, Elvira Nabiullina noted that she opposes the launch of cryptocurrency in the monetary system, and the regulator is exploring the possibility of using steylcoin.

Now cryptocurrency and tokens are conditionally classified into two categories: those issued on the Russian investment platform and on the other. With an optimistic development of the situation, the concepts of “cryptocurrency” and “token” are expected to be consolidated and their sale and purchase will be equated to conventional money units.

Earlier, the Ministry of Finance did not rule out permission to buy and sell cryptocurrency in Russia. However, it is difficult to determine their official exchange rate, which makes taxation difficult. If an entrepreneur bought tokens, for example, for bitcoins , then the tax authorities will not be able to determine the amount of expenses to calculate the taxable income. There are several possible approaches that can theoretically be applied. One option is to still consider such transactions the exchange of one digital financial asset for another, which does not require the use of a single exchange rate.

In the absence of the official exchange rate of the Central Bank, one can try to determine the average market indicator, but then the question arises – which agency will calculate it and on the basis of which cryptocurrency exchanges? But even this will not solve the problem to the end, as there will be disputes why they took courses from 10 platforms instead of 15, for example, since in this case the averages will be different. So far this approach has not been applied by any country in the world, therefore this development of the situation is possible only in the long term.

A more classical approach is to focus on the fact that tokens as an investment tool will be bought for ordinary ("fiat") money, for example, from a foreign currency account. The bill directly states that digital assets are not legal tender, and the ruble is the only means of payment. In this scenario, this is a common foreign trade transaction, which is easy to track down and calculate expenses at the rate of the Central Bank in rubles, as well as document it. This is an ideal scenario for tax authorities, but it is unlikely to cover a significant amount of operations on cryptocurrency exchanges .

The development of the industry attracts more and more people who would like to make money on trading in cryptoactive assets, playing on growth and falling and making a profit due to the resulting difference in rates. At the same time registering as an individual entrepreneur and working on a simplified tax system, you will encounter gaps in the legislation that can reduce the income of this low-margin business.

Now in Russia, representatives of small businesses in the simplified taxation system choose one of two models of tax payment: 6% of turnover (income) or 15% of profit (income minus expenses). At the same time, VAT is not paid, which gives a serious tax savings, and a number of other taxes.

For example, an entrepreneur bought cryptocurrencies for 100 units, and sold for 110. Given that his profits are not large, he naturally seeks to reduce the tax and pay 15% of the profits, rather than 6% of the total income. But a problem arises here, because according to the Russian legislation that comes into force in the autumn, he bought digital rights, which the Civil and Tax Codes will consider to be property rights. At the same time, the 15 percent “simplified payment” allows you to include in the list of expenses only standard business expenses: for wages of employees, purchase of fixed assets, rental of premises and other things, but not expenses for the purchase of property rights. As a result, the entrepreneur cannot attribute the purchase of cryptoactive assets to expenditures for tax purposes and apply the favorable for USN rate.

The options that remain in this situation are to switch to 6% income tax (turnover), which does not take into account expenses, or go to the general system of taxation with VAT. Both approaches are unprofitable for the entrepreneur, since they significantly increase his tax burden.

Mining Taxation

Mining has long been transferred from the category of a hobby to a full-fledged business, which, despite the current gaps in the legislation, is easy enough to take control and tax.

The complexity of mining computing has increased significantly in recent years, and mining is already being done on an industrial scale. In addition to buying miners, you need to spend money on electricity for their power, cooling systems and other equipment, rent a room and pay a fee for participating in mining pools in order to receive a share of the total revenue earned.

Tax authorities may apply a universal approach to this type of activity, taking into account a number of key features of business activities stipulated by the Civil Code of the Russian Federation.

  • Firstly, an entrepreneur performs a series of actions with a specific goal – acquires technical means for making profit.
  • Secondly, his business is systematic, that is, a person not only remembered once, turned off the device, put it on the shelf and forgot, but performs certain actions regularly.
  • Thirdly, he earns income by earning cryptoactives and turning them into fiat money. As a result, according to formal signs, the tax authorities may well call this activity entrepreneurial and collect taxes.

At the same time, even if a businessman has not registered as an individual entrepreneur, then it will not be so difficult to calculate it. First of all, the bank’s attention will be attracted by regular financial receipts of large sums from abroad with an unclear purpose of payment. After the necessary inquiries, the tax authorities, in turn, will understand that this is money from the “exit to Fiat” – sales of the extracted cryptocurrency for ordinary money, for example, on cryptocurrency exchanges. As a result of control measures, they will discover a mining farm and start collecting unpaid taxes.

In particular, for the lack of registration as an entrepreneur, an administrative fine of up to two thousand rubles was established. For conducting an activity by an organization or an individual entrepreneur without registering with the tax authority – a tax penalty of 10% of the income received during a specified time as a result of such activity, but not less than 40,000 rubles. For failure to provide tax returns – 5% of income for each month of delay, but not more than 30% of the total income.

In addition, there will be additional taxes that could arise if the miner had registered as an individual entrepreneur. As there is no registration, as well as the choice of a simplified taxation system, at least 13% of personal income tax and 20% of VAT on the general taxation system will be charged from it.

As a result, if the tax payment requirement is not fulfilled within two months, the materials will be handed over to the investigating authorities, where the issue of a criminal case will be decided if the amount of unpaid taxes exceeds 900,000 rubles.

The tax authorities have not yet developed a uniform approach to how the Russian legal field will regulate digital financial assets, both domestic, which will be issued under the new law, and foreign, which are used in the world now.

This forces testers to use the control mechanisms that are available to them now and be guided by simple logic: people can earn cryptoactive assets for as long as they want, but in the end, everyone needs real money. Since the funds received are transferred with the help of banks, this allows them to be detected, measured and taxed. In this regard, crypto enthusiasts should plan to tax their incomes in advance.

According to Forbes.

Posted July 11, 2019
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The growing complexity of Bitcoin mining in 2019, how is it determined and what depends on it?

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This year, the price of Bitcoin (BTC) ranged from a minimum of just over $ 3,000 to a maximum of about $ 13,000. At the same time, the complexity of BTC mining , which measures the complexity of the calculations needed to mine new coins and create new network blocks, has been growing unprecedented.

Bitcoin mining difficulty is adjusted approximately every two weeks to take into account the hashrate of new miners on the network. Despite the fact that the general trend has been upward almost since the creation of the network, short but significant failures happen. For example, in December 2018, mining complexity decreased three times in a row, the total drop was almost 30%.

In this calendar year, the difficulty of mining BTC decreased five times, but no more than 1.18%. This is unprecedented. In no previous year, the most serious drop was so low. In the entire history, at least one drop was more than 5%.

Of course, 2019 has not yet ended, but it is worth noting that at that time last year, the difficulty of mining BTC decreased only once (3.45%, which is more significant than any decrease in 2019).

If this trend continues, it will confirm that the BTC miner community is less sensitive to currency price fluctuations than ever before.

To understand why, it is worth considering the basics of the complexity of cryptocurrency mining . The Bitcoin network produces 2016 new blocks every two weeks. Maintaining this speed is important for network operation. Blocks are generated by miner computing systems that solve mathematical problems. In this case, it is appropriate to compare the miners with the players in the lottery, and the difficulty of mining is with a very low chance of each individual player to win. Each time someone “wins” the lottery, a block is created.

Since bitcoin networks need blocks that are generated at a predictable speed, the complexity of this “lottery” should vary depending on the number of “players” (miners). For example, if many miners leave the network, the mining complexity should be reduced, or the rest will not have enough power needed to generate new blocks at the speed required to maintain the network.

In fact, the Bitcoin mining system is more complicated than described above, however, according to its basic principle, the upward movement of Bitcoin this year is a bullish sign. Investors come and go, the price fluctuates up and down, but interest in Bitcoin mining is clearly growing, and this year it has become more stable than ever before.

Publication date 10/14/2019
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Europol: Bitcoin remains the most popular cryptocurrency among cybercriminals

Bitcoin is still the preferred cryptocurrency for cybercriminals, Europol stated in the annual report “Assessing the threats of organized crime on the Internet” (IOCTA 2019). “Although we previously reported a slight shift towards more private cryptocurrencies such as Monero, bitcoin is still the currency of choice for both legal and criminal use,” the organization said. In previous IOCTA reports […]

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Bitcoin is still the preferred cryptocurrency for cybercriminals, Europol stated in the annual report “Assessing the threats of organized crime on the Internet” (IOCTA 2019).

“Although we previously reported a slight shift towards more private cryptocurrencies such as Monero, bitcoin is still the currency of choice for both legal and criminal use,” the organization said.

In previous IOCTA reports, the organization pointed to the growing popularity of altcoins such as Zcash, Monero, and Ethereum among cybercriminals.

This year, Monero was the only altcoin mentioned by the EU police organization in a report. It notes that the use of the coin mainly relates to darknet markets that accept or trade Monero.

Europol emphasized that Monero was widely used for hidden mining, the distribution of which has been declining throughout the current year. The latter is partially due to the termination of the Coinhive browser mining service in March, the organization said.

Recall, it was previously reported that the volume of bitcoin transactions in the darknet for 2019 may exceed $ 1 billion.

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TOP 11 cryptocurrency and blockchain world news for the week of October 7-13,

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Last week was remembered for dramatic events in the cryptocurrency space – $ 1.4 trillion was filed against Tether and Bitfinex for market manipulation, SEC accused Telegram of selling unregistered securities, five companies left the Libra project, US regulators presented a new guide for cryptocurrency investors in Russia proposed to introduce a single indicator of the value of bitcoin, and Ukraine plans to legalize cryptocurrency and mining by the end of 2019.

Bitcoin out of danger zone

With the course of bitcoin, everything is not so sad. The first cryptocurrency started the week below the level of $ 8.000, but quickly grew to acceptable values. In two leaps, Bitcoin managed to rise above $ 8.600, but by the end of the week it began to turn in a bit.

The graph for the past seven days looks too smooth and correct on a general scale: two equal leaps, followed by a short period of low volatility. Such a picture makes one wonder whether the behavior of quotes is another manipulation of whales. Given that we are in the cryptocurrency market, this version seems the closest to reality.

Market capitalization at the time of writing is $ 225 billion. The dominance index is 66.5%.

SEC has secured a temporary ban on TON and Telegram Gram tokens

The developers didn’t have time to publish the rules for using the Gram token wallet, as the US Securities and Exchange Commission (SEC) stated that the coins are securities.

The Telegram Open Network (TON) token sale was attended by 171 investors, including 39 US residents. The latter acquired Gram for $ 424.5 million. The organizers did not register an ICO in the SEC, which allegedly violated the US Securities Law, and refused to respond to the agenda from the agency.

The SEC urgently secured a federal court ban on distributing Gram tokens to US investors and filed a lawsuit against Telegram Inc. and Ton Issuer Inc.

The first hearing of the case will be held on October 24. Some investors suggest that Telegram will postpone the launch and go on the Blockstack startup path, eventually receiving SEC approval in accordance with the established “A +” regulation. Both companies are likely to expect fines.

Telegram, however, emphasized that it was “surprised and upset,” but they are considering a delay in launching among possible solutions to the problem.

It is known that under contracts with investors the TON launch deadline is October 31, otherwise $ 1.7 billion will have to be returned.

Prior to the conflict with SEC, Gram support was announced by custodians Coinbase Custody and Anchorage.

In Ukraine, they proposed to legalize mining and create a “crypto valley”

At a meeting of Ukrainian legislators, regulators and representatives of the blockchain industry, they proposed to develop cryptocurrency terminology, legalize mining, attract international bitcoin exchanges to the country, implement FATF standards and introduce blockchain technology into state registries.

The Ministry of Digital Transformation will present a regulatory bill by the end of this year.

On Monday, the Ukrainian blockchain association also published a bill to create a “crypto valley”.

Vitalik Buterin spoke about the transition of Ethereum to PoS

According to Vitalik Buterin, the transition to Ethereum 2.0 will only take six hours, but the actual implementation will take up to two years. The first step will be the introduction of the Proof-Of-Stake algorithm , while the ETH1 network will technically work until the ice age of complexity.

Witness data will be added to each transaction, which will allow them to be processed simultaneously on the ETH2 network.

Upon transition, the network is likely to stop completely for one hour.

CFTC recognizes Ethereum as a commodity

The United States Derivatives Exchange Commission (CFTC), represented by Chairman Heath Tarbert, recognized Ethereum as a commodity . The agency expects the launch of regulated futures on Ethereum.

He supported the opinion of the US Securities and Exchange Commission (SEC) that Bitcoin and Ethereum are not securities. At the same time, the status of many other coins is not so clear, but ultimately “similar digital assets should be treated equally,” added the head of CFTC.

According to Tarbert, the coins that appeared as a result of the fork, such as Bitcoin Cash or Ethereum Classic, regulators should perceive similarly to the original cryptocurrencies.

New ASIC Miners S17 + and T17 + from Bitmain

Beijing Bitmain introduced the new ASIC devices S17 + and T17 + . Sales started on October 11, and delivery of the first batch is scheduled for the first ten days of December.

The main product of the line is, of course, Bitmain Antminer S17 +, which with a maximum hash of 74 Tx / s is at the top of the ranking among the most efficient mining devices, even higher than the recently introduced Canaan Avalon Miner A1166 , with a capacity of 70 TH / s.

The data provided by Bitmain shows a miner high efficiency of 40 watts per TH. Operating at maximum power, the Antminer S17 + and Antminer S17 + boast an energy consumption of about 3000 watts per hour, which is provided by an integrated power source.

The second device announced, the Antminer T17 +, is a continuation of the T Antminer series, which has always had a lower starting price compared to the S17 series.

The new Bitmain Antminer T17 + ASIC for Bitcoin mining has very good characteristics similar to the old Antminer S17e, thanks to the declared hash power close to 64 TH / s. True, the device’s efficiency is lower, 50 watts per VT, and power consumption is about 3200 watts per hour.

Russia introduced a single indicator of the value of bitcoin

The single indicator for bitcoin was presented by the Russian Association of Cryptocurrencies and Blockchain (RACIB) and the Commission for the Legal Support of the Digital Economy of the Moscow branch of the Russian Bar Association.

The essence of the mechanism is to request bitcoin rates from several cryptocurrency exchanges every day for 30 days. After that, all the data obtained is carefully analyzed and at 23:59:40 Moscow time, an average value is formed, from which the cross rate to the dollar and the ruble is already calculated. Such a procedure should be carried out every day.

First of all, the value of bitcoin will be determined in this way, but not only: the rate of the cryptocurrency traded in conjunction with it will also be calculated. The creators of the system emphasize that their development will make it possible to clarify the situation on the electronic currency market, since today the cost of the same types of digital money can vary on different exchanges.

According to the developers of the new cryptocurrency valuation system, it will be in demand, and the peak of its popularity will come when the cryptocurrency in Russia begins to be used in commercial and institutional calculations.

U.S. Internal Revenue Service (IRS) updates cryptocurrency investor guide

The SEC, CFTC, and the Financial Crimes Enforcement Network (FinCEN) called on cryptocurrency service providers to comply with a number of legal requirements, including the US Bank Secrecy Act and AML / KYC / CFT.

The United States Internal Revenue Service (IRS), meanwhile, updated the guide for cryptocurrency owners , which clarified its position on forks, the value of cryptocurrencies received as income, and the calculation of taxable profits on the sale of digital assets.

The IRS believes that forks are ordinary income, taxes from which are calculated at the market price at the time of receipt. The same applies to assets received as part of airdrops.

The agency explained how to calculate the base value of the extracted cryptocurrency and each unit of the digital asset sold.

The cryptocurrency revenue column also appeared in the most common tax form 1040.

Binance Cryptocurrency Exchange Launches P2P Trading Service Supporting RMB

Bitcoin exchange Binance launched p2p trading of BTC, ETH and USDT in pairs with the Chinese yuan in an Android application.

The platform will add support for WeChat and Alipay payment systems. This should return to the Chinese residents the opportunity to trade cryptocurrencies, which they lost after a series of repressive measures by the central government in 2017.

However, Alipay immediately announced that they would block transactions related to bitcoin and other cryptocurrencies.

According to The Block analysts, before that, WeChat and Alipay deliberately turned a blind eye to the fact that large exchanges used them as a gateway for working with Chinese traders.

Visa, MasterCard and eBay quit Facebook's Libra crypto project

Earlier this week, US senators Sherrod Brown and Brian Schatz called on Visa, Mastercard and Stripe to leave Facebook's Libra digital currency project. Already at the end of the week, companies followed this advice , followed by eBay and Mercado Pago. Prior to this, PayPal refused to participate.

At the same time, Visa and Stripe emphasized that they still see the potential in the blockchain and Libra.

Calibra CEO David Marcus wrote that you should not put an end to the project, although in the short term it will significantly hit him.

Amid pressure from regulators around the world, Mark Zuckerberg will speak at the US Congress on October 23.

The lawsuit against Tether and Bitfinex

IFinex Inc., its subsidiaries, Bitfinex top management, Crypto Capital processing, and Global Trade Solutions AG are sued for a $ 1.4 trillion class action lawsuit filed by lawyers Val Freidman and Kyle Rocher, who had previously sued Craig Wright .

Tether and Bitfinex have been accused of violating the U.S. Commodity Exchange Act, the RICO Act (investing in racketeering funds), money laundering, Pump & Dump schemes, market manipulation through the issuance of USDT and deliberate fraud of investors.

Judging by the set of charges, we are talking about all the alleged crimes that the tandem committed during its existence.

The companies knew about the preparation of the lawsuit in advance and called all the claims “unfounded”.

Publication date 10/14/2019
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Name Price24H (%)
Bitcoin (BTC)
$8,279.97
-1.36%
Ethereum (ETH)
$182.54
-0.64%
XRP (XRP)
$0.287100
3.02%
Bitcoin Cash (BCH)
$225.16
-1.32%
EOS (EOS)
$3.13
0.18%
Stellar (XLM)
$0.062534
1.80%
Litecoin (LTC)
$56.78
-1.08%
Cardano (ADA)
$0.041478
0.28%
Tether (USDT)
$1.00
-0.08%
Monero (XMR)
$53.06
-0.49%
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