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Law Decoded: Crypto retirement plans get hot with Warren and Lummis making their moves, May 2–9, 2022

Last week was marked by reinvigorated discussion on crypto 401(k) among high-profile US policymakers.

Retirement plans still largely remain at the periphery of both crypto adoption and the regulatory discussion. But last week, a major development emerged in this department. United States Senators Elizabeth Warren of Massachusetts and Tina Smith of Minnesota became concerned about Fidelity’s recent announcement of adding Bitcoin (BTC) to its clients’ 401(k) retirement investment menu. In a letter to the company’s CEO Abigail Johnson, the lawmakers expressed their uneasiness over a “conflict of interests” and the “significant risks of fraud, theft and loss,” requesting from Fidelity a detailed outline of risk mitigation actions. 

Crypto 401(k) plans are still relatively rare, but they have already drawn suspicious attention from the U.S. Department of Labor. Crypto retirement investment does have its allies in high places, though. In response to Warren and Smith’s letter, Senator Tommy Tuberville from Alabama has unveiled a new bill titled the Financial Freedom Act to allow Americans to add cryptocurrency to their 401(k) retirement savings plan unencumbered by regulatory guidance.

Meanwhile, Wyoming Senator Cynthia Lummis’ hotly-anticipated crypto bill remains in the works. This week, Lummis once again teased it during a livestream, mentioning her intention to allow — perhaps, to legitimize, as it isn’t really prohibited — the integration of crypto assets into Americans’ 401(k) retirement savings packages.

Meanwhile in Europe

“A global agreement on crypto should first enshrine that no product remains unregulated,” stated Mairead McGuinness, the commissioner for financial services, financial stability and capital markets union at the European Commission, stated in her opinion piece last week. McGuinness called on the European Union and the United States to lead the global push toward coordinated crypto regulation.

As of late, the European Union’s rocky path has been met with mixed success. While the European Commission’s recent report appeared to be surprisingly comprehensive on decentralized finance (DeFi) and urged regulators to rethink their approach to the sector, the European Central Bank confirmed the digital euro’s critics’ worst expectations by letting slip that user anonymity was “not a desirable option.”

J.D. Vance: A name to remember

U.S. midterm elections in November could be the first major electoral circle with crypto as a mainstream political issue, as a significant number of candidates place digital assets high on their agendas. One of them is 37-year-old J.D. Vance of Ohio, who won the local Republican Senate primary election last week. Come fall, Vance will face Democrat Tim Ryan, who is rather supportive of crypto as well. Not only does Vance hold some $250,000 in BTC, but he has secured backing from one of the most influential proponents of crypto, the billionaire Peter Thiel.

A holiday with crypto

It’s always sunny in the Bahamas — well, at least for the crypto industry. Bahamian Prime Minister Philip Davis said he expects that the recently published regulatory white paper will help the industry “grow and prosper” on the islands. Meanwhile, the founder of the hedge fund SkyBridge Capital Anthony Scaramucci believes that the Caribbean nation will have a shot at becoming one of the most “forward-thinking and economic visionary countries” in the next five years. And, there’s more from Cointelegraph’s recent visit to SALT’s Crypto Bahamas conference — including the interview with the crypto-friendly former U.S. presidential candidate Andrew Yang.

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Two US Senators Pen Letter to Fidelity CEO Detailing Concerns With Proposed Bitcoin 401(k) Retirement Plans

Two US Senators Pen Letter to Fidelity CEO Detailing Concerns With Proposed Bitcoin 401(k) Retirement Plans

Two members of the US Senate are writing a letter to financial services giant Fidelity presenting issues with the firm’s new plans to offer Bitcoin (BTC) as an option for 401(k) retirement plans. In a letter penned to Fidelity CEO Abigail Johnson, Senators Elizabeth Warren of Massachusetts and Tina Smith of Minnesota express doubts about […]

The post Two US Senators Pen Letter to Fidelity CEO Detailing Concerns With Proposed Bitcoin 401(k) Retirement Plans appeared first on The Daily Hodl.

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iTrustCapital surpasses $5B in crypto IRA transactions

Individuals typically do not need to worry about capital gains taxes while trading in an IRA. For crypto investors, this could be an attractive feature.

Cryptocurrency individual retirement accounts (IRA) provider iTrustCapital revealed Wednesday that the total transaction volume on its platform had surpassed $5 billion, marking a 60% increase in nine months.

As told by iTrustCapital, many of its users, ranging from millennials to working professionals to senior citizens, are trading cryptocurrencies for the first time. The firm only charges a 1% buy-sell fee on cryptocurrency transactions. There are no monthly fees, and investors only need to deposit $1,000 to open an account. Through the platform, users can trade over 25 cryptocurrencies 24 hours a day, seven days a week. It also provides insurance coverage for deposits in the amount of $320 million, as per an agreement with Coinbase Custody. 

In the United States, IRAs enable individuals to save for retirement through tax-free capital accumulation or on a tax-deferred basis. Those with IRAs do not need to pay taxes on asset capital gains held within these accounts but may need to pay taxes on withdrawals when they reach retirement age, depending on account type. Early withdrawals are permitted with a 10% penalty, though this may be waived in certain circumstances, such as when using funds to pay for college. Since iTrustCapital's inception four years prior, the firm has attracted more than 35,000 clients with its crypto IRAs.

Related: Crypto IRA iTrustCapital raises $125M, pushes valuation over $1B

Cointelegraph previously reported that more than one-quarter of the surveyed U.S. millennials plan to use cryptocurrencies to fund their retirement. Some investors have observed that one doesn't have to pay the same amount of taxes when buying and selling crypto in retirement accounts compared with traditional trading accounts. This perceived advantage could attract more crypto investors to retirement plans such as IRAs. 

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Survey: More than a quarter of U.S. millennials plan to use crypto to fund retirement

The percentage was marginally higher than those who said they would rather use savings and stocks to meet the same ends.

According to a recent survey published by Investopedia, 28% of the U.S. millennials polled said they expect to use cryptocurrency to support themselves in retirement — a figure that was higher than those who said they would use savings (25%) and stock investments (27%) to fund their retirement. Meanwhile, 20% of Gen X and 17% of Gen Z respondents said the same. The survey, conducted in the spirit of Financial Literacy Month, was administered to 4,000 U.S. adults ages 18 to 76.

In other fields, approximately 50% of respondents of all ages rated their financial knowledge in consumption, paying taxes, savings, debt management and insurance management as "advanced." However, only 27% of those surveyed said that they understood a lot regarding cryptocurrencies, the lowest score among the eight concepts listed in the questionnaire.

Nevertheless, a significant portion of millennials (41%) said they had advanced knowledge of digital assets, followed by Gen X and Gen Z, at 30% and 29%, respectively, and finally, baby boomers at 8%.

According to the report, the younger the participants, the lower their expected median retirement age. While most unretired baby boomers plan to stop working at 68, most Gen Z surveyed wish to retire at 57. To combat financial illiteracy in the country, the U.S. Department of the Treasury has recently launched a new initiative to raise awareness of the risks involved in investing in digital assets.

This includes designing educational materials to inform the public how crypto assets operate and differ from traditional investments such as stocks. As told by Treasury officials, the main spearhead is to "raise awareness without trying to stamp out new technology and new innovation."

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Crypto Investments Carry ‘Significant Risks of Fraud, Theft, and Loss,’ Says U.S. Department of Labor

The U.S. Department of Labor (DOL) is warning investment firms to “exercise extreme care” before adding crypto to their retirement plans. In a new statement, the department says it has serious concerns about fiduciaries who expose 401(k) participants to crypto assets. “These investments present significant risks and challenges to participants’ retirement accounts, including significant risks […]

The post Crypto Investments Carry ‘Significant Risks of Fraud, Theft, and Loss,’ Says U.S. Department of Labor appeared first on The Daily Hodl.

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Pension provider partners with Coinbase to offer 5% exposure to crypto

Pension funds are looking to crypto investments despite the recent market sell-off.

United States-based retirement plan provider, ForUsAll, is joining forces with Coinbase to allow clients to invest up to 5% of their portfolio assets in cryptocurrencies.

The pension provider, which primarily serves small-to-medium-sized businesses, is working to offer exposure to more than 50 cryptocurrencies in a product called Alt 401(k).

The firm’s co-founder and chief investment officer, David Ramirez, acknowledged concerns regarding offering crypto products in pension portfolios due to their volatility, but argued that U.S. citizens will be at a “disadvantage” if they are not given the option of accessing crypto assets in their retirement plans:

“The average American may be at a structural disadvantage relative to large institutions and high net worth individuals, and we just don’t think that’s right.”

ForUsAll handles $1.7 billion in retirement plan assets, which accounts for a small portion of the $22 trillion retirement-account markets.

In the United States, a 401 plan is an employer-sponsored defined-contribution pension account defined in subsection 401 of the Internal Revenue Code.

Larger institutional investment firms such as Fidelity Investments and Charles Schwab do not allow customers to directly buy or sell cryptocurrency in taxable accounts or individual retirement accounts. However, they can purchase shares in trusts that do invest in crypto assets from companies such as Grayscale Investments.

Related: Fidelity’s Tom Jessop says crypto has hit a ‘tipping point’

One firm that does allow the direct purchase of crypto assets and gold for retirement plans is BitcoinIRA, which was founded in 2016. Commenting on ForUsAll’s collaboration with Coinbase, co-founder and chief operating officer at BitcoinIRA, Chris Kline, stated:

“ForUsAll and Coinbase wouldn’t be doing this if there wasn’t a market. There are people that want this with these types of funds. And they want to have access to new and exciting things with their 401(k)s.”

MicroStrategy CEO Michael Saylor responded to ForUsAll’s move to embrace crypto.

In April, Cointelegraph reported that pension funds and insurance firms have been increasingly dedicating part of their asset bases to Bitcoin and crypto assets as concerns over inflation escalated amid the coronavirus pandemic.

In May 2020, Kingdom Trust, a regulated custodian managing over $13 billion in assets, launched a retirement account supporting both Bitcoin and legacy assets.

The firm noted that when the Internal Revenue Service decided to tax Bitcoin, it directly enabled the asset to be held by qualified custodians and in retirement accounts.

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