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Japan Blockchain Association demands tax cuts for crypto

Advocates of the crypto industry in Japan demand the revision of the national tax regime for digital assets.

Advocates of the crypto industry in Japan demand the revision of the national tax regime for digital assets. Japan Blockchain Association (JBA), a non-governmental lobbying group, filed an official request to the country’s government, highlighting three major steps to ease up the fiscal burden on crypto holders. 

The request was published on the Association’s website on July 28. It calls the taxation of crypto-assets the biggest barrier for web3 businesses in Japan, and a factor that prevents citizens from actively owning and using crypto-assets. Thus, the group names three major changes, that could be done to ease the pressure on the digital economy.

The first one is the elimination of year-end unrealized gains taxation on corporations holding crypto assets. Unrealized profit refer to profits that have occurred on paper, but the relevant transactions have not been completed. The JBA seeks to abolish the taxes on unrealized gains in third-party issued tokens. In June, Japan’s National Tax Agency (NTA) has already relieved local firms from taxation of year-end unrealized gains from cryptocurrencies they have issued.

Related: Japanese Web3 developer HashPort Group raises $8.5M in funding round

The second request deals with the taxation method for personal crypto asset trading profits. It suggests changing this method from current comprehensive taxation to self-assessment separate taxation, with a uniform tax rate of 20%. Additionally it proposes the three years term for deducting the losses from the digital assets value depreciation.

Thirdly, the JBA seeks the elimination of income tax on the profits generated each time an individual exchanges crypto assets. As the request goes:

“In the borderless web3 era, there is a high possibility that the exchange of crypto-assets will become the mainstream of the economic zone, and due to the wide variety of transactions that occur and the types of crypto-assets that are exchanged, tax calculation will be extremely difficult.”

At the end of July, Japanese Prime Minister Fumio Kishida reaffirmed the country’s commitment to fostering the Web3 industry, highlighting its potential to transform the internet and kindle social change. On the same day, Binance CEO Changpeng Zhao announced the cryptocurrency exchange would launch its services on a new Japanese platform in August 2023.

JBA has not yet responded to Cointelegraph's request for comment.

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Slovakian parliament votes to approve lower crypto taxes

A parliamentary vote held by lawmakers in Slovakia approved an amendment that will reduce the taxation of cryptocurrencies, which is currently on a sliding scale.

Members of Slovakia’s National Council of the Slovak Republic — the country’s parliament — have voted to approve lower crypto taxes, along with additional measures affecting cryptocurrency holders.

On June 28, the National Council voted to approve an amendment that will reduce personal income tax on profits gained from the sale of cryptocurrencies held by the user for at least one year.

The taxes will be lowered to 7%, which is a significant decrease from the current taxation sliding scale of either 19% or 25%. Payments received in cryptocurrencies up to 2,400 euros ($2,600) will not be taxed.

In addition, the bill excludes crypto income from a health insurance contribution of 14%.

According to a report from a local Slovakian media outlet, the Ministry of Finance anticipates a financial impact from the amendment to be around 30 million euros per year.

This amendment comes a few weeks after parliament passed another amendment to the constitution, which codified the citizen’s right to use cash as a payment method in light of talk around a digital euro. 

Related: Binance reverses decision to delist privacy coins in Europe

Slovakia is one of the 27 member states of the European Union, which has been proactively monitoring developments in the crypto industry throughout the region.

On May 31, the EU signed its landmark Markets in Crypto-Assets (MiCA) regulations into law. The set of regulations was created to make Europe a hub for digital asset activity.

MiCA first appeared in 2020 and has been praised by companies in the space for providing regulatory clarity.

This is in contrast to the situation in other major markets, such as the United States, which has yet to implement comprehensive guidelines for the industry. U.S. Republican lawmakers have proposed a Digital Asset Market Structure bill, which is currently under review for its potential impact on the industry.

On June 29, a commissioner at the U.S. Securities and Exchange Commission, Hester Peirce, appeared remotely at Australian Blockchain Week and reminded regulators that crypto laws shouldn’t assume “everything is a financial asset.”

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Ethereum projects unite to protect users from MEV-induced high prices

In total, 27 Ethereum projects joined the initiative as launch partners, which includes Balancer, Gnosis DAO, Shapeshift, and StakeDAO, to name a few.

Over 27 prominent Ethereum projects joined hands to launch MEV Blocker, a solution that aims to tackle and minimize the amount of value extracted from their users, a.k.a maximally extractable value (MEV) — Ethereum’s invisible tax. 

MEV is a tax imposed on decentralized finance (DeFi) users on transactions. MEV bots can hijack transactions midway, such as Ether (ETH) trades, nonfungible token (NFT) purchases and ENS registrations, and inflate prices for the users. MEV Blocker was jointly developed by CoW Swap, Agnostic Relay and Beaver Build as a free and censorship-resistant tool to counter this “$1.3 billion dollar problem” persistent across the Ethereum ecosystem.

In total, 27 Ethereum projects joined the initiative as launch partners, which includes Balancer, Gnosis DAO, Shapeshift, and StakeDAO, to name a few. Explaining the intention behind launching MEV Blocker, Martin Köppelmann, CEO of Gnosis stated:

“With the launch of MEV Blocker, users can profit from the backrunning opportunities they create. Today all of that money is taken by the searcher, but why shouldn't it be split with the people who create the value?”

MEV Blocker can be added as a custom RPC endpoint to a crypto wallet, which, in turn, can protect users from frontrunning and sandwiching when using any Ethereum DApp. According to the official announcement, MEV Blocker sends at least 90% of the profits from winning bids back to users and 10% to validators as a reward — thus giving “power back to Ethereum users.”

Related: Sandwich trading bots lose bread and butter in $25M exploit

While entrepreneurs attempt to reduce the taxation on users, the excitement around the upcoming Shanghai and Capella upgrades resulted in a bull sprint for ETH.

On April 5, Ether breached $1,900 for the first time in over seven months. However, it is important to note that the price of ETH dropped sharply following the execution of the Merge on Sept. 15, 2022.

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El Salvador removes all taxes related to tech innovation for economic growth

Technology innovations such as software programming, coding, apps and AI development, and computing and communications hardware manufacturing will be exempted from taxes in El Salvador.

El Salvador, the first country to establish Bitcoin (BTC) as a legal tender, made another historic decision to eliminate all taxes on technology innovations. The move runs parallel to the establishment of the National Bitcoin Office (ONBTC) of El Salvador, a.k.a. the Bitcoin office.

When legalizing Bitcoin on Sept. 7, 2021, El Salvador President Nayib Bukele saw the technology as a means to counter the hyperinflation and dependence on the US dollar. Over the past 18 months, El Salvador restrategized Bitcoin investments and utilized capital gains in numerous instances to rebuild the nation.

Moving ahead into this strategy, Bukele believed in winding down tax requirements as a means to expedite technological development. As promised, on April 1, Bukele officially sent a bill to Congress — effectively eliminating all income, property, and capital gains taxes on technology innovations “such as software programming, coding, apps and AI development; as well as computing and communications hardware manufacturing.”

Supporting this initiative is the establishment of the Bitcoin office, a regulatory body for conducting joint initiatives with Bitcoin entrepreneurs and companies. According to Asociación Bitcoin de El Salvador (Bitcoin Association of El Salvador), ONBTC aims to “position the country in the world as a technological and economic power.”

In addition to attempting a financial comeback, Bukele’s ongoing efforts to reinvent El Salvador include promoting tourism, countering terrorism and building business hubs in the region.

Related: El Salvador’s Bitcoin strategy evolved with the bear market in 2022

In the start of 2023, El Salvador passed a legislation providing the legal framework for a Bitcoin-backed bond — known as the Volcano Bond.

The nomenclature of the volcano bonds is derived from Bitcoin City’s location, which is set to become a renewable crypto-mining hub powered by hydrothermal energy from the nearby Conchagua volcano.

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Tax strategies allow crypto investors to offset losses

Reporting cryptocurrency when filing taxes can help investors offset their losses.

2022 was tough for the crypto market. A recent report published by security services platform Immunefi found that the crypto industry lost a total of $3.9 billion in 2022. 

Detrimental losses such as these are often concerning for crypto investors, yet there may be a silver lining behind decreasing assets for investors reporting crypto on their taxes.

Lisa Greene-Lewis, a certified public accountant at TurboTax, told Cointelegraph that while crypto investors made huge gains in 2021, this changed drastically in 2022. “We have seen a crypto winter occur, and TurboTax wants to help investors cope with their losses,” she said. According to Greene-Lewis, tax-loss harvesting is the most important notion to keep in mind when it comes to saving money when filing taxes. She said:

“With crypto, you can offset gains with losses. Any leftover losses can be offset up to $3,000 against ordinary income like wages. Losses exceeding $3,000 can be carried forward to the next tax year.”

Greene-Lewis explained that as new, young investors enter the crypto market, awareness around tax-loss harvesting is becoming more critical. According to a Pew Research Center survey cited in TurboTax’s latest tax trend report, 16% of Americans have invested in, traded or used cryptocurrency. Individuals between the ages of 25 and 34 are more likely to have cryptocurrency sales transactions than any other age group. “Many of these individuals are unaware of tax-loss harvesting,” Greene-Lewis said.

Percentage of tax filers with cryptocurrency transactions. Source: TurboTax

While the last day for tax-loss selling for 2022 passed on Dec. 30, Greene-Lewis reiterated that crypto investors can still perform this action since those losses roll forward. 

Steven Lubka, vice president of Swan Global Wealth — Swan Bitcoin’s private client services arm — further told Cointelegraph that tax-loss harvesting is a great option for Bitcoin (BTC) investors.

“This is probably the most actionable tax strategy. Swan Global Wealth works with private clients to provide valuable market insights, yet most individuals did not know that tax-loss harvesting was an option,” he said.

Recent: What crypto hodlers should keep in mind as tax season approaches

Lubka further pointed out that tax-loss harvesting is beneficial because there is currently no “wash sale rule” applied to crypto, which would prevent the tax break if an investor bought that same asset 30 calendar days before or after the sale. “This means that crypto investors can sell their assets and then instantly buy those back while locking in the loss on their taxes.” While this is certainly advantageous, Lubka believes that this process will likely change in the near future.

Donating to charity is another way for crypto investors to reduce their taxable income, which can be a good strategy during a bull market. Alex Wilson, co-founder of The Giving Block — a crypto donation platform — told Cointelegraph that donating cryptocurrency is tax efficient because it allows investors to avoid capital gains tax. He said:

“If an investor bought Bitcoin at $1 and sold it at current market prices, that would normally be taxed. But if you donate the Bitcoin to a nonprofit, it becomes tax deductible. These deductions are even higher when donated to a 501(c)(3) charity.”

Wilson shared that The Giving Block has seen an increasing number of crypto donations over the past year, especially as investors become more aware of the benefits. “I expect this year to be big for donations because crypto is already on the rise,” he said, adding that nonfungible token (NFT) philanthropy is gaining momentum. “The Giving Block has seen almost 30% of its donations coming from NFTs.” According to Wilson, NFT donations function the same as crypto donations.

Individual retirement accounts, or IRAs, are yet another way for crypto investors to reduce their taxable income. Similar to a 401(k), assets held in traditional IRAs will grow tax-deferred, meaning investors won’t have to pay income tax until assets are taken out.

While there has recently been controversy around United State citizens purchasing digital assets using funds in IRAs, Lubka noted that crypto-focused IRA options are improving.

For instance, he explained that in the coming weeks, Swan Bitcoin will launch a low-fee Bitcoin IRA accessible to all the platform’s users. “Traditional IRAs charge exorbitant fees. The only yearly fee with Swan’s Bitcoin IRA is .25%,” he said. Such a product is likely to gain traction with crypto investors, with a Charles Schwab survey recently finding that many zoomers and millennials would like to have crypto as part of their 401(k) retirement plans.

Things to consider moving forward

Although there appear to be several benefits associated with reporting cryptocurrency when filing a tax return, there is still a lack of awareness among many crypto investors. To put this in perspective, the “2023 Annual Crypto Tax Report” from CoinLedger — a crypto and NFT tax software company — found that 31% of investors surveyed did not report their crypto on their taxes, with half not doing so because they didn’t make a profit and 18% not even knowing crypto was taxable.

David Kemmerer, co-founder and CEO of CoinLeder, told Cointelegraph that the Internal Revenue Service and other government agencies need to provide better guidance to educate crypto investors about taxes. For instance, he pointed out that it’s important for crypto holders to understand how the 2021 infrastructure bill may impact the crypto tax reporting landscape.

According to CoinLedger’s 2023 report, the 2021 infrastructure bill will likely result in “cryptocurrency brokers” having to send 1099-Bs — a specific type of 1099 that reports capital gains and losses from securities or properties — to the IRS for the 2023 tax year. As of now, crypto tax reporting rules detailing such procedures have been delayed because the IRS still needs to develop the definition of a “crypto broker.”

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Pat White, the CEO of Bitwave — a crypto tax, accounting and compliance platform — further told Cointelegraph that crypto investors should be concerned that the IRS might impose wash trading rules in the future. However, he noted that there are still options for tax-loss harvesting in the case of this scenario. “Investors could find ways to exit their coin positions into different assets. For example, Bitcoin could go into wrapped Bitcoin, which could satisfy the wash trading rules but would also harvest a loss,” he explained.

White further remarked that individuals running an Ethereum 2.0 node are technically receiving rewards daily. As such, he noted that these users would have to consider whether or not rewards would be recognized as income in 2022. This will become critical following the Shanghai upgrade allowing for the withdrawal of staked Ether (ETH). He said:

“The Shanghai fork will eventually drop, and people will be able to withdraw rewards. If you are reporting your taxes correctly, you will want to recognize this as income. However, users may be able to make advantageous tax decisions depending on when they want to recognize those rewards.”

This article does not contain investment advice or recommendations for tax report. Every investment and trading move involves risk, and readers should conduct their own research when making a decision.

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Here’s why India held on to older crypto reforms in national budget 2023

Experts opine that the Indian government needs more data and time to decide on rigid tax policies, given it has been only ten months since the tax laws were introduced in March 2022.

Cryptocurrency and blockchain technology found no mention in India’s union budget for the year 2023, bringing down the hopes of millions of crypto holders in the country. Many in the Indian crypto community were hoping for some reduction to the high crypto tax, implemented in March 2022.

Indian finance minister Nirmala Sitharaman presented the union budget on Feb. 1, announcing key changes to the income tax slabs, but didn’t mention crypto or central bank digital currency or blockchain tech during the session. Last year, India levied a 30% tax on crypto profits and a 1% tax deducted at source (TDS) on all crypto transactions, derailing a thriving industry almost immediately.

The primary motive for introducing a TDS on all crypto transactions was to determine the total number of Indian citizens actively using cryptocurrencies. This data will be made available to the government as Indians file income tax returns (ITR) starting in May 2023.

Trading volume on major cryptocurrency exchanges across India dropped by 70% within 10 days of the new tax policy, and almost 90% in the next three months. The rigid tax policy not only deterred crypto traders to move to offshore exchanges but also forced budding crypto projects to move outside India.

Related: Tax man: India’s new tax policies could prove fatal for the crypto industry

Former finance secretary of India Subhash Chandra Garg had noted earlier that crypto taxes need a lot more clarity, “we might not see any new changes in the upcoming budget 2023.” Chandra also served as the chairman of the committee that drafted the first crypto bill.

Pushpendra Singh, a tech entrepreneur and a blockchain influencer, believes the government is still waiting on the report from the committee it had formed earlier and said:

“The finance minister has not announced anything related to crypto tax because the government is waiting for the committee reports as per my understanding. The Indian government has made one committee to study crypto.”

Sathvik Vishwanath, CEO and co-founder of Indian exchange Unocoin, told Cointelegraph that new income tax laws for crypto were triggered only 10 months ago; moreover, the TDS is being applied only for 7 months and thus the government need more time. He explained:

“The Indian government needs to have enough data for an extended period of time, say 1-2 full financial years, to analyze and make amendments as necessary. Hence no significant news was expected on the crypto industry anyway. We may expect some amendments in due course or during the next budget."

Another factor for crypto not finding a place in the union budget could be India’s focus on taking a global approach to crypto regulations, especially a common taxonomy. Earlier in July 2022, the finance minister sought a global collaboration from G20 members to bring a common standard for crypto at a global level.

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Australian Treasury consults public on Bitcoin foreign currency tax exclusion

The public has been provided with 25 days to share their opinion on the proposed legislation.

Australia’s ministerial department of Treasury reached out to the public to seek consultation regarding draft legislation that would exclude cryptocurrencies from being taxed as a foreign currency if passed.

In a press release, Assistant Treasurer Stephen Jones highlighted the Australian government’s intent to exclude crypto assets from being regarded as a foreign currency for tax purposes. However, the legislation would have no impact on the collection of capital gains taxes on crypto held as investments.

The public has been provided with 25 days, from Sept. 6 to Sept. 30, to share their opinion on the proposed legislation.

If signed into law, the legislation will see the amendment of the existing definition of digital currency in the Goods and Services Tax (GST) Act — effectively excluding crypto assets from the definition of foreign currency. GST is a broad-based tax levied on goods, services and items sold or consumed in Australia.

The Treasury noted that the respondent’s personal information, including name and address, will be made public if not proactively opted out from the same.

The move to exclude cryptocurrencies as foreign currency is a direct result of El Salvador adopting Bitcoin (BTC) as a legal tender. Australia plans to minimize the potential uncertainties related to taxing cryptocurrencies through this legislation.

Related: Australia’s new government finally signals its crypto regulation stance

Mendoza, a province in Argentina, has started accepting crypto for taxes and fees. The Mendoza Tax Administration (ATM) stated that allowing crypto payments provide taxpayers an additional option to comply with tax obligations. In addition, the move fulfills its own “strategic objective of modernization and innovation.”

From Aug. 24, Mendoza residents can use the ATM's website to pay taxes using any crypto wallets, including Binance, Bybit and Ripio. The system generates a QR code based on the cryptocurrency selected by the end user, which then converts an equivalent amount of stablecoins to Argentine pesos via an undisclosed online payment service provider.

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Crypto tax can wait, free coins can’t: S. Korea mulls ‘gift tax’ for airdrops

South Korea has postponed its crypto gains tax on multiple occasions due to a lack of investor protection measures and regulatory guidelines.

The South Korean Ministry of Strategy and Finance on Monday cleared that virtual asset airdrops, staking rewards and hard forked tokens would be subject to a gift tax under the Inheritance and Gift Tax Act despite the postponement of crypto gains tax to 2025.

Cryptocurrencies are officially referred to as part of virtual assets under South Korean law.

In response to a tax law inquiry about transfers of virtual asset airdrops by crypto exchanges, the South Korean tax authority said that any free virtual asset transfer by crypto exchanges in the form of airdrops, staking rewards and hard-forked tokens would attract a gift tax.

The gift tax will be “levied on the third party to whom the virtual asset is transferred free of charge,” reported a local news publication.

The tax authority cleared that even though virtual asset gains tax would now be applicable from 2025, free virtual asset transfers would still attract a 10-50% tax under the Inheritance and Gift Tax Act. The said tax requires the recipient of the free “gift” to file a gift tax return within three months of receiving it.

Related: Australia's new government finally signals its crypto regulation stance

However, the ministry also cleared that actual taxation on such virtual asset transfers should be considered on a case-to-case basis, given the lack of regulations around the virtual asset market. A statement from the ministry read:

“Whether a specific virtual asset transaction is subject to gift tax or not is a matter to be determined in consideration of the transaction situation, such as whether it is a consideration or whether actual property and profits are transferred.”

The lack of regulatory guidelines has been responsible for the postponement of the virtual asset gains tax by the authorities on multiple occasions. It becomes quite complex for them to examine all types of virtual asset transactions and form a legal basis around them. Thus, making it difficult to grasp the details of virtual asset donations, even when taxes are levied.

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Japan may see a reduced 20% tax on crypto earnings with new proposal

The proposal calls for a separate 20% tax on crypto earnings and exemptions of any tax on crypto gains, with losses carried forward for up to three years.

The Japan Crypto-Asset Business Association (JCBA) and the Japan Crypto-Asset Exchange Association (JVCEA), the two prominent crypto advocacy groups in Japan, released a tax reform request that calls for lowering taxes for individual investors on crypto earnings. 

The fiscal 2023 tax reform request addressed key issues that the advocacy groups believe act as a hindrance to crypto adoption in the country. The proposal focused on the need for improvement in the individual tax filing environment, the importance of crypto assets in Japan’s web3 strategy, and comparison with overseas crypto asset tax systems.

The proposal calls for a separate 20% tax for individual crypto investors with provisions to carry forward losses for three years from the following year. The proposal also calls for the same tax structure to be applied on the crypto derivatives market.

The 20% separate tax on crypto earnings with an exemption on unrealized gains would prove to be a big relief for crypto investors in Japan who currently faces taxes of up to 55% on their crypto investments.

The tax reform proposal comes just a week after Cointelegraph reported about an internal memo for crypto tax reforms slated to be submitted to Japan’s Financial Services Agency (FSA).

Related: Half of Asia's affluent investors have crypto in their portfolio

The Japanese crypto groups have been working to ensure that the crypto industry thrives in the country with a particular focus on tax reforms. These crypto lobby groups believe a high tax rate would make it difficult for businesses and individual investors to hold digital assets in Japan compared to more crypto-friendly nations.

Crypto taxes were the focus of several governments around the globe this year, with many countries implementing high tax slabs while others moved to abolish or delay it due to a lack of clear regulations. India imposed a 30% tax on crypto gains in April this year, while Thailand scrapped its 15% crypto tax proposal and even exempted traders from 7% VAT to encourage crypto adoption in the country. Similarly, South Korea postponed its 20% proposed crypto tax policy to 2025.

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Russian Duma passes bill to remove VAT, lower income tax rates on digital asset sales

Russia is turning to blockchain technology in an effort to counteract the economic isolation brought on by the sanctions imposed due to its invasion of Ukraine.

The State Duma, the lower house of the Russian legislature, has passed a bill on the taxation of digital assets that exempts their sale from value-added tax (VAT) in the Russian Federation. Some other services of digital asset exchanges will also be exempted, according to state-run news service RIA Novosti. 

In addition, the bill established income tax rates of 13% for Russian exchanges on the first 5 million rubles (currently about U$93,000) of the taxable base annually, 15% on amounts above that limit and 15% across the board for foreign exchange operators. The current tax rate for companies is 20%.

The taxation of digital assets under the bill is analogous to securities taxes, RIA Novosti reports. The government noted in the bill that a separate tax procedure for digital assets is key to the creation of an effective and competitive digital economy.

Related: Bank of Russia backs cross-border crypto payments vs. domestic trade

Russia has tempered its skeptical stance on cryptocurrency as the country has increasingly felt the pressure of Western economic sanctions stemming from its invasion of Ukraine. Major Russian banks have been blocked from the SWIFT system and G7 countries this week banned the purchase of newly mined or refined Russian gold. Those moves, along with a host of other sanctions, led to Russia’s reported default on foreign debt servicing Monday.

Russia's Sber bank is preparing to launch a stablecoin, and Russian Central Bank first deputy chair Olga Skorobogatova stated in an interview dated on Thursday that trials of a digital ruble will be moved up from 2024 to April 2023. A pilot project involving 12 Russian banks is underway.

“I think all self-respecting states will have a national digital currency within three years. […] We should be ready as soon as possible. Plus, this will settle the issue of being blocked from SWIFT, because this integration will make SWIFT unnecessary,” Skorobogatova said.

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