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Kraken, UK trade body derides lawmaker description of crypto as ‘gambling’

CryptoUK, a trade body based in the United Kingdom, argued that a much more nuanced and tailored approach needs to be taken into consideration.

Self-regulatory organization CryptoUK and crypto exchange Kraken UK has slammed a recent report from a panel of British lawmakers that suggested crypto should be regulated in a similar vein to gambling.

In a May 17 report, the Treasury Committee “strongly recommended” that unbacked crypto be regulated as gambling due to concerns over the “significant” consumer risks associated with the asset class, such as price volatility and lack of intrinsic value.

It ultimately called for crypto to be regulated under the principle of same risk, same regulatory outcome.”

The move has not gone down well with local players, especially given that the United Kingdom is thought to be heading toward becoming a progressive crypto hub.

In a May 17 statement shared with Cointelegraph, CryptoUK argued that “taking this approach will not take into account the nuances of the sector and the real opportunities for inward investment and growth for the UK economy as a whole,” adding that:

“No other global jurisdiction has taken this approach and referencing MiCA in the EU, we need to be taking a bespoke and tailored approach for regulation within the industry to ensure the UK does not become a hostile environment for businesses to be domiciled.”

The organization also suggested that such an approach may ultimately lead to U.K. consumers instead looking for offshore crypto platforms to engage with, which it feels is “ wholly against the objective of protecting these consumers through regulation.”

In Kraken UK’s statement, the firm emphasized that it “fundamentally” disagrees with the Treasury’s “conclusion that cryptoassets have no intrinsic value.”

Related: UK financial watchdog announces inspections against sites with suspected illegal crypto ATMs

“It’s regrettable the committee does not support the opportunity the UK has to be a true global leader in our rapidly developing industry,” the firm said, adding:

“The committee’s suggestion that crypto assets should be regulated as gambling products is misguided and wholly unsuitable for UK consumers. 

It argued that not only does it "miss the purpose and potential of the technology," but noted that gambling protections don't offer the same safeguards as financial services regulations.

CryptoUK pointed to a potential loss of capital gains tax should crypto trading be regarded as gambling.

“Gambling is exempt from capital gains tax. Does the UK government wish to exclude tens of millions of pounds in tax income from gains made by the buying and selling of unbacked crypto assets?,” CryptoUK stated.

The specific extent to which crypto would be regulated "as gambling" has not been defined by the Treasury, however, the report recommended imposing strong regulation and guidelines relating to consumer protections, anti-money laundering, and terrorism financing.

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UK tax agency cracks down on rules around DeFi lending and staking

“HMRC treats crypto assets as property for tax purposes. However, this is inconsistent with the approach currently being adopted by Government and other regulatory bodies in the UK," said the executive director of CryptoUK Ian Taylor

Her Majesty’s Revenue and Customs (HMRC), the U.K.’s tax agency, on Wednesday, has released a controversial set of guidance that could affect innovation in Decentralized Finance (DeFi).

The updated regulation focuses on the treatment of digital assets specifically for DeFi lending and staking in the UK, and whether returns or rewards from these services are deemed as capital or revenue for taxation purposes. Owing to the cutting edge nature of DeFi these services had fallen into a grey area with tax professionals unsure of how the existing rules apply.

“The lending/staking of tokens through decentralized finance (DeFi) is a constantly evolving area, so it is not possible to set out all the circumstances in which a lender/liquidity provider earns a return from their activities and the nature of that return. Instead, some guiding principles are set out,” the HMRC update stated.

The guidance outlined that returns via staking and lending of DeFi assets will not be treated as "interest" as digital assets in the UK aren’t considered currencies, but rather property for tax purposes.

However, this approach could create tax problems for stakers with the guidance suggesting that in many cases it would indicate that “beneficial ownership of those tokens” had been passed to the platform. This would mean they were disposed of for tax purposes and incur Capital Gains Tax.

Ian Taylor, executive director of CryptoUK asserted the new regulations would create an "unnecessary burden" for crypto investors that stock market investors do not face when lending shares:

“HMRC treats crypto assets as property for tax purposes. However, this is inconsistent with the approach currently being adopted by Government and other regulatory bodies in the UK, including the Treasury and the FCA”

Taylor added that the new rules add “undue reporting requirements for the consumer, and create tax compliance confusion” as investors will have to report on hundreds or even thousands of transactions.

“This is out of step with the Government’s stated aim for the UK to be open and attractive as a destination for investment and innovation post Brexit,” he said.

Related: SEC's proposed rule on exchanges could threaten DeFi, says Crypto Mom

Last week, former Secretary of State for Health and Social Care current U.K. Member of Parliament (MP) Matt Hancock urged the House of Commons to introduce progressive crypto policy to make England the “home” of crypto.

In November last year HMRC laid out regulations concerning the introduction of digital services tax levied on crypto exchanges operating in the UK

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