Courses : Bitcoin for beginners PART 3
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0.000 HBDCourses : Bitcoin for beginners PART 3
Part III Using Bitcoin in Business Four Disadvantages of Cloud Mining ✓✓ Lack of control: You are essentially renting computing and server hardware from someone else, meaning you are not in control of those assets. ✓✓ Reliance on the honesty of someone else: If your payments seem short, there’s no real way to get to the bottom of why you are not being paid as much as you think you should be. ✓✓ Maintenance and electricity fees passed along to you: Your cloud mining company has to pay to maintain the equipment, and they pass along those costs to you. ✓✓ Illegitimate or vulnerable companies: Some bitcoin cloud mining service companies may look legitimate, but they are not. Also, they may get hacked, and there is little you can do about it.  In this part . . . ✓✓ Find out about selling with bitcoin, working with bitcoin payment processors, and accepting bitcoin in your store. ✓✓ Read all about bitcoin and taxes, regulation, and licensing. ✓✓ Secure your bitcoin investment and find out about the dangers of double‐spending and various types of attacks. ✓✓ Mining bitcoin — all about how it works and whether it’s right for you. Chapter 8 Using Bitcoin in Commerce In This Chapter ▶▶Selling with bitcoin ▶▶Looking at bitcoin payment processors ▶▶Accepting bitcoin in your store U nderstanding what bitcoin is and how it works and acquiring a little bitcoin for fun or curiosity are all well and good . . . but when it comes down to it, we’re sure you want to find out a little more about using it as (virtual) cold, hard currency. This chapter discusses the best ways to use bitcoin as a tool when selling, to substitute it for fiat currencies, and to accept and receive payments online. Selling Your Goods for Bitcoin When it comes to selling goods for bitcoin, you have several options to choose from. First and foremost, you can convince friends and family to embrace bitcoin and sell them goods in exchange for BTC. But that’s not what we’re looking at in this chapter, as we’re talking about commerce, not money from friends and family. This section goes over the various platforms in existence to facilitate the sale of (digital) goods in exchange for bitcoin: auction sites, using your own online store, and benefitting from online forums. Selling on auction sites Selling goods for bitcoin is nearly as old as the digital currency itself. However, it took a while before designated platforms started coming to life in the bitcoin world. The most obvious place to sell any product in exchange for bitcoin is an auction house or auction website, something like eBay. 114 Part III: Using Bitcoin in Business Very few auction websites accept bitcoin payments at the time of writing. However, as more and more developers are exploring the option of creating decentralized auction sites and market places, that number is expected to increase over the next few years. A comprehensive list of bitcoin auction sites can be found at https://en.bitcoin.it/wiki/Trade#Auction_sites. Over the years, various marketplaces have offered bitcoin payments as part of their service, though not all of them have been positive. Popular marketplaces such as Silk Road and Silk Road 2.0 — both of which have been notorious for illegal goods and highly questionable services — showed the bitcoin world that things needed to change if mainstream adoption is ever to be achieved. Nearly two years ago, the first auction site started experimenting with bitcoin payments. Unlike eBay, this auction website is not just about connecting buyers and sellers from all over the world. To discourage illegal activity, auction sites come with reputation and feedback systems, something the bitcoin world desperately needed at that time. Rather than using a centralized payment system such as PayPal, as eBay does, bitcoin auction sites use BTC as a payment method. But here is the twist: Bitcoin payments are non‐reversible, forcing bitcoin auction sites to offer a different type of protection for both buyers and sellers. Holding funds in escrow (meaning a third party receives the funds for a transaction and holds them until the buyer verifies the funds can be sent to the seller) is a great way to protect both the buyer and seller during a transaction. During a purchase, the buyer sends the BTC funds to an escrow address. This ensures that the seller has a chance to receive the full amount, rather than trusting the buyer to have the necessary money to pay for an item. Buyers are protected under escrow rules as well, as the escrow address holds the funds until the buyer confirms they have received the item(s) purchased from the auction site. Once everything has been verified and is deemed to be as agreed upon, the buyer notifies the escrow service to release the funds to the seller. After a transaction has been completed — successfully or not — both parties can leave feedback for each other. Creating your own online store Another way to use bitcoin in commerce is to set up your own online store where you offer products and/or services — physical or digital — in exchange for bitcoin. Chapter 8: Using Bitcoin in Commerce 115 Creating an online store and accepting bitcoin payments isn’t hard to do, because the most commonly used platforms have bitcoin payment plugins ready to be used. One easy way to get your feet wet is to create a WordPress website (check out www.wordpress.org). WordPress lends itself perfectly to various purposes, ranging from blogs to online shops and everything in between. For online commerce, plugins such as WooCommerce, WP E‐Commerce, and GoUrl MarketPress let you start accepting bitcoin payments within minutes. A list of bitcoin payment plugins for Wordpress can be found at https:// wordpress.org/plugins/tags/accept‐bitcoin. Besides WordPress, other popular bitcoin payments processors, including Bitpay and Coinbase (described later in this chapter) have e‐commerce solutions integrated into their services, which can be linked to popular online shopping cart solutions, such as XCart and ZenCart, among others. You’ll need to decide whether you want to keep every transaction in BTC or not. There is a certain risk associated with keeping funds in bitcoin, because the bitcoin price remains quite volatile on a daily basis. Keeping funds in BTC can mean your sitting funds can either increase or decrease in value. And depending on what type of goods you’re selling, and whether or not there are suppliers to pay, it might be a good idea to convert BTC funds immediately to your local fiat currency. Selling on BitcoinTalk forums This may be the easiest way of all: selling goods in exchange for bitcoin by posting your item for sale on the BitcoinTalk forums. To find out more about these, head over to www.bitcointalk.org. This site has a dedicated section for buying and selling items, both in physical and digital form. However, there are certain drawbacks to using the forum rather than an auction site or building your own store. Selling an item for BTC on the BitcoinTalk forums is based on trust ratings earned by completing previous trades with other users. Assuming your account has 0 (zero) trust, at first it can be difficult to find customers willing to buy your product in exchange for a non‐reversible payment method in the form of bitcoin. Solving that issue is not as hard as it may seem, though, because there are plenty of people willing to escrow the transaction (see the earlier section “Selling on auction sites” for more about escrow). The same escrow rules as the ones for bitcoin auction sites would apply: Buyer sends funds to the escrow, seller ships the item, and once the buyer verifies the delivery, funds are released to the seller. 116 Part III: Using Bitcoin in Business In theory, it sounds like both parties are protected, but there is a catch. Pretty similar to how eBay works, the intermediary escrow party has to make a decision based on evidence provided whenever there is a dispute. Imagine a scenario in which you ship the item, and the buyer claims to have only received an empty box. The buyer has photographic material of the box when it arrived, unopened, and then posts a picture of the box empty without the item inside. Unless you, as a seller, took pictures when shipping the item that everything was packaged inside the box, there is a case for a dispute. Having a tracking number associated with the shipment helps, in that delivery of the package can be tracked by the escrow. However, the final decision lies with the escrow, and as we all know, humans are fallible. Using an auction site or building your own online store may be the best way to sell items for bitcoin. However, using the BitcoinTalk forums creates a peer‐to‐peer aspect to the transaction, as there are (usually) no third parties involved, except an escrow perhaps. In the end, the main goal is to satisfy the customer and receive your money in bitcoin. Pick whichever method seems best to you, and see it through till the end. Check out the BitcoinTalk Goods section: https://bitcointalk. org/index.php?board=51.0. Looking at Bitcoin Payment Solutions As we’ve mentioned, in contrast to credit card transactions, which are subject to much higher fees than BTC transactions, bitcoin is a non‐refundable payment method. That means that once a sender sends funds from their wallet to a recipient, that transaction can’t be reversed, and funds are gone for good. Of course the recipient could send money back to the original sender if need be. But a bitcoin payment cannot be cancelled or charged back, unlike credit card transactions. The reason is simple: Credit cards are issued by a central financial institution, which can be called upon to request a refund. With bitcoin, there is no central authority backing the digital currency, and users are solely responsible for storing and sending BTC funds. Chapter 8: Using Bitcoin in Commerce 117 There is no reason why bitcoin transactions should ever be made subject to chargebacks either. Every bitcoin transaction is broadcasted on the blockchain, a public ledger collecting all BTC transfers from the past, present, and future (see Chapter 7 for more on the blockchain). The blockchain makes it clear for everyone in the world to see where funds from “address A” are being sent to and for what amount. Which brings us to another aspect of bitcoin and chargebacks that is important to keep in mind. Whenever a customer sells bitcoin to a customer, whether directly or through an exchange, it is key never to use a reversible payment method. For example, if you’re selling BTC to Jonas, and he wants to pay for it in PayPal, the deal should never go through. The reason for that is simple: Traditional payment methods such as PayPal (www.paypal.com), Skrill (www.skrill.com), and credit card transactions are subject to fraud and chargebacks. PayPal is an especially annoying platform to use when selling bitcoin, for multiple reasons. First of all, PayPal doesn’t offer seller protection when dealing with “digital goods.” Secondly, at the time of writing, bitcoin is still viewed as a “digital good” by PayPal’s Terms of Service. Should the buyer request a refund through PayPal, even after receiving the bitcoins, they will get their money back, no questions asked. The same principle applies to Skrill payments, even though all payments there are supposed to be “final.” Opening a dispute by the buyer will, most likely, lead to a refund by Skrill. In either scenario, the seller has lost their bitcoins, because bitcoin is a non‐refundable payment method and it can’t be charged back. Dealing with bitcoin is the end-user’s personal responsibility — something that should not be taken lightly. Being in full control of personal finance at any given time is both a powerful feeling and a big responsibility. Bitcoin merchants, on the other hand, see the benefit of accepting a payment method that is not subject to chargebacks. Fraud through online payment methods is one of the biggest worries for online retailers all around the world. Bitcoin can solve that problem in its entirety. Additionally, accepting bitcoin can open the door to a new and larger customer base all around the world. Accepting bitcoin payments in either online or offline fashion has become incredibly easy and user‐friendly these days. A variety of services are at your disposal to integrate bitcoin payments buttons on your website, or even provide a way to generate bitcoin QR codes for in‐store payments. This section looks at a few of the different options. 118 Part III: Using Bitcoin in Business BitPay Perhaps one of the most famous bitcoin payment processing companies is BitPay (www.bitpay.com). The company was one of the very first to embrace bitcoin payment processing and is one of the leading bitcoin payment processors in existence today. BitPay provides a lot of benefits for both consumers and merchants willing to work with bitcoin payments. For the consumer, there are several options to send a bitcoin transaction through BitPay: You can either scan the generated QR code, copy the destination address manually, or click the in‐browser link to pay directly from the bitcoin software installed on your computer. Merchants, on the other hand, don’t have much to worry about in terms of setting up BitPay integration. For website owners, a few lines of code need to be added into preexisting shopping cart systems — and that’s about it. Converting the prices from local fiat currency to bitcoin is taken care of by BitPay, creating a very smooth setup experience for merchants. As an added benefit, BitPay — as well as all other payment processors mentioned in this chapter — offer merchants the option of converting every bitcoin transaction to fiat currency on‐the‐fly. For most merchants, this is an important step, as their suppliers will need to be paid in fiat currency as well. Keeping in mind that bitcoin value can be quite volatile, it is a good business idea to convert the funds as soon as possible. Unlike credit card transactions, which take up to a week to clear in the merchant’s bank account, bitcoin payment earnings are received the next business day. This is a great way for merchants to stay on top of costs and earnings as well as remove any unnecessary friction between themselves and their supplies due to outstanding payments. BitPay provides this conversion system as part of its starter package, and everything already mentioned above comes free. Once again, bitcoin is a far cheaper payment solution compared to any and all other payment methods in existence today. Plus, with no additional infrastructure to set up, no investments have to be made in order to integrate BitPay into the checkout system. But there is more. BitPay allows merchants to accept bitcoin payments through mobile devices as well. Invoices can be generated through BitPay’s mobile application, which usually results in the generation of a QR code. These QR codes include the payment Chapter 8: Using Bitcoin in Commerce 119 address as well as the total amount to be paid. All a customer has to do is scan the QR code with their own bitcoin application, click or tap Send, and the transaction is complete. A frictionless experience for both merchants and customers alike, at no cost! Should the need arise to upgrade the BitPay plan — for QuickBooks POS integration or VPN access, for example — there are two paid plans available as well. Both the Business and Enterprise plan offer additional functionality and features for existing BitPay customers. In the early days, the free plan will be more than sufficient for most retailers though. For more information on BitPay price plans, see https://bitpay.com/pricing. Coinbase Coinbase is another popular bitcoin payment‐processing solution. Similar to BitPay (see the previous section), Coinbase offers most of the same functionalities for merchants who want to start exploring the world of bitcoin payments. Plus, Coinbase is available both in the United States and internationally, following the same path BitPay has taken over the years. Regarding the free structure, Coinbase does things a bit differently compared to its competitors. The first $1 million worth of bitcoin transactions comes at 0 percent fee, after which a 1 percent fee will apply. Granted, for most merchants, it will take quite some time until they reach that sales figure, so there may be no reason not to choose Coinbase because of that 1 percent fee after the million‐ dollar mark. Converting bitcoin to fiat currency with Coinbase takes between one and three business days to complete, depending on the merchant’s location. Payments are initiated every day, however, which is still much faster than traditional payment methods such as credit cards and bank transfers. What makes Coinbase interesting is the fact that its API offers merchants the chance to issue bitcoin refunds to the customer. In their original state, bitcoin payments are non‐refundable, as already mentioned, though the recipient can manually send the money back. That same principle applies here, but in a businessesque setting. With a few clicks, merchants can refund customer transactions if they deem it necessary to do so. More information on Coinbase for merchants can be found at www.coinbase.com/merchants?locale=en. 120 Part III: Using Bitcoin in Business Accepting Bitcoin Payments for Your Store Accepting bitcoin payments as a merchant or retailer takes up very little time and comes at no additional costs in terms of infrastructure. Unlike traditional payment methods, bitcoin payments are far more user‐friendly for both merchant and consumer and involve far lower transaction fees. Plus, there is no worry about having a large influx of cash payments, as bitcoin is not a physical payment option. Online stores Online retailers have an easy job of integrating bitcoin payments into their web stores. All it takes is a few lines of code, which are provided by the company that will process bitcoin transactions for you and which need to be added to a certain page. Once that part is complete, you can start accepting bitcoin payments without a hitch and expand your customer base on a global scale. Most bitcoin payment processors offer e‐commerce solutions for their customers and will even help in setting up bitcoin integration if needed. Additionally, most of the popular e‐commerce solutions already support bitcoin integration. The reason for this is simple: no additional costs to work with bitcoin, while having every chance to attract customers from all over the world. What merchant would refuse that offer? If an online retailer already owns a website and a domain, as most do, no additional infrastructure needs to be invested in. Bitcoin payments integrate with most major e‐commerce solutions, and there are customized solutions available as well through various bitcoin payment processors (see the previous section). Speaking of working with bitcoin payment processors, the beautiful part about accepting bitcoin transactions is that most of them will not even charge a fee for converting payments to fiat currency. Every bitcoin payment processor offers its customers the option to have (part of) every bitcoin transaction converted to fiat currency on‐the‐fly in order to avoid bitcoin price volatility. The converted funds are then deposited into the customer’s bank account within 48 hours (two business days). Chapter 8: Using Bitcoin in Commerce 121 Once you have integrated bitcoin payments into your existing e‐commerce solution, there is one major step left. Putting up the famous “Bitcoin Accepted Here” logo (see Figure 8‐1) on your web page will alert potential customers about the payment method. Not only does this help increase bitcoin awareness on a global level, but it may also inspire others to start exploring the option of bitcoin payments as well. The bitcoin checkout process for online stores is very straightforward. All store prices — denominated in fiat currency — are converted to their respective bitcoin value during checkout by the bitcoin payment processor. On the payment page, customers see a QR code they can scan with mobile devices, and a bitcoin address to which they can manually send funds from their bitcoin software. Once the transaction has been broadcasted to the bitcoin network, the checkout process is complete. Brick‐and‐mortar stores Similar to accepting bitcoin payments online, brick‐and‐mortar locations do not need to invest in additional hardware if they want to accept bitcoin payments. Using a computer, smartphone, or tablet is all that is required, plus an Internet connection. Most locations have a combination of devices and Internet connectivity at their disposal, which means they can start accepting bitcoin payments within minutes. Just sign up with the bitcoin payment processor of your choice, which usually provides customers with a mobile application or a web interface to start accepting bitcoin payments. Installing the mobile application or setting up this web interface takes a few minutes, after which the merchant is ready for incoming payments. Just like online payments, in‐store bitcoin payment occurs through the generation of QR codes. Bitcoin payment processors allow merchants to generate a QR code with their designated BTC address and payment amount through the app or web interface. Source: Bitcoin Wiki (http://en. bitcoin.it) Figure 8-1: Bitcoin Accepted Here . . . hurrah! 122 Part III: Using Bitcoin in Business Once the customer scans this QR code with their own bitcoin wallet — usually on a mobile device — the payment is completed within seconds. As you may have guessed by now, accepting bitcoin through online or in‐store means is very simple once the merchant gets the hang of it. In the initial stages, in‐store payments require a bit of tapping on the screen before a QR code is generated. This minor learning curve is only normal when new technology arrives, and nearly all bitcoin customers will gladly lend a helping hand if needed. Chapter 9 Staying on the Right Side of Legal In This Chapter ▶▶Coming to grips with taxation ▶▶Understanding the complex framework of regulation ▶▶Licensing, or not licensing, as the case may be T hings we don’t yet understand scare us, and we want to control them: aliens, the Loch Ness Monster, lawyers, and tax officials. Like those, bitcoin control can only be enforced up until a certain level. Outlawing bitcoin completely would never work simply because there is no way to monitor it properly. Despite the blockchain’s transparency, wallet addresses remain pseudonymous, with no name or location attached to them. And why would anyone want to outlaw bitcoin anyway? (Actually, check out the sidebar later in this chapter for a few ideas.) Certain aspects of bitcoin require further investigation in order to build a regulatory framework. Using it as currency for legal purposes, such as buying and selling goods or services, is not illegal. On the other hand, most central banks have warned financial institutions and individuals about the risks associated with bitcoin, without outlawing the use of digital currency altogether. What worries law enforcement agencies and government officials is the fact that bitcoin is not controlled by a central authority. Every bitcoin user determines the future of bitcoin, without having to bend to the will of a handful of individuals wielding the power. Decentralization is a new breed of technology that most everyday people fail to grasp properly, and that makes things occasionally, shall we say, difficult for bitcoin. 124 Part III: Using Bitcoin in Business This chapter looks at bitcoin’s legal situation in various countries and discusses what you can do to protect yourself and what you need to do to keep the taxman happy. Understanding Bitcoin and Taxation Daniel Defoe famously wrote, “Things as certain as death and taxes, can be more firmly believed” . . . often paraphrased as “Nothing is certain but death and taxes.” I can help you with the taxes element of bitcoin, but I’m afraid you’re on your own with the death bit. Despite certain warnings issued by governments and central banks regarding bitcoin and its disruptive nature (see Chapter 1 for more on that), most countries are more than happy to allow digital currency adoption for one simple reason: taxation. Because digital currency can be seen as an income or wage, it can be taxed. Additionally, using bitcoin to pay for goods and services is taxable in certain countries as well. As long as the government can make money from this “new breed of electronic payments,” there won’t be much opposition. Remember that the regulatory tax landscape could change at any time, and it is always a good idea to check with your local government as to how bitcoin can be used, and whether or not you have to pay taxes on bitcoin. Countries such as Brazil, Canada, Finland, Bulgaria, and Denmark have issued taxation guidelines for bitcoin usage, yet not all these guidelines are in effect at the time of publication. Other countries, such as Belgium, Greece, Hong Kong, Japan, and New Zealand have no plans to tax bitcoin and other virtual currencies just yet. Rest assured, though, that every individual country is looking into bitcoin and the impact on that country’s economy. Given the decentralized and potentially global nature of the product, it may well be the case that broad regulations may have to be agreed upon at a global level before some individual countries take the plunge of determining how to regulate bitcoin as a currency, or even to treat it as a currency at all. As a practical example, many countries have their own specific laws to cover anti‐money laundering and combatting the financing of terrorism (AML/CFT), and these fall under the intergovernmental organization of the Financial Action Task Force (FATF). It is possible that some intergovernmental steering will be required by some nations before Chapter 9: Staying on the Right Side of Legal 125 they begin to issue regulations, or indeed taxation guidelines for bitcoin and other crypto-currencies within their borders. These issues aside, the need for a sovereign treasury to increase the amount collected in taxation may well be the pull factor that some countries require in order to regulate and tax bitcoin and its usage. Taxable countries Taxation guidelines in different countries change on a regular basis, and it is nearly impossible to provide the latest up‐to‐date information regarding this matter. In Europe, things are entirely dependent on the decisions made by the European Union. In the meantime, a handful of countries have issued their own bitcoin taxation guidelines, which may be revised at a later date. The European Union will most likely not come to a decision any time soon, yet the landscape could change at any given time. Over in Asia, things are relatively quiet on the bitcoin taxation front — only Singapore is actively taxing bitcoin as a good or asset. For goods, a VAT or sales tax is applicable when buying or selling goods from local businesses using bitcoin. The list included in this section looks at some of the countries with their own bitcoin tax laws. It was accurate at the time of writing but may have seen various changes by the time you are reading this book. Australia A Goods & Services Tax (GST) has been applicable to bitcoin transactions worth over AUD$10,000. However, in recent times, new regulation was proposed to treat bitcoin and other virtual currencies as “real currencies,” which could lead to different taxation guidelines in the near future. Brazil Brazil’s tax authority Receita Federal issued bitcoin taxation guidelines as follows: Digital currencies are viewed as financial assets, and are subject to 15 percent capital gains tax at the time of sale. However, bitcoin sold with a value below R$35,000 will not be subject to this taxation. Any user who holds more than R$1,000 worth of digital currencies must declare the correct amount at the end of the year. Bulgaria Bulgaria is one of the few European countries where bitcoin is taxable. The country’s National Reserve Agency stated that the sale 126 Part III: Using Bitcoin in Business of digital currencies is treated as income for the sale of financial assets. As a result, a 10 percent capital gains tax is in effect in Bulgaria. Earning trades through bitcoin or other digital currencies are taxed on the same level as regular income and corporate income in the country. Canada Canada will be taxing bitcoins no matter what, but there are two different ways of taxing the digital currency. Bitcoin transactions used for buying and selling goods and services fall under the barter category, yet any profits made on commodity transactions are classified as income or capital. Every bitcoin transaction is reviewed on a case‐by‐case basis, and any activities undertaken for profits lead to a taxpayer’s income being taxed with reference to their inventory at the end of the year. Values of goods and services obtained through barter transactions must be included in the taxpayer’s income, assuming they are business related. Finland Finland is a bit of an odd duck, as government officials imposed a capital gains tax on bitcoin and taxed bitcoin produced by mining as regular income. However, in 2014 bitcoin was classified as a commodity, as it does not meet all the proper definitions of a currency. As a result, bitcoin taxation remains confusing in Finland, so it would be best to check with a local representative. Germany Germany is perhaps the most advanced country in Europe, as far as bitcoin taxation guidelines are concerned. Any amount of bitcoin held for longer than a year is exempt from the 25 percent capital gains tax in effect. Bitcoin is currently considered as “private money” in Germany. Isle of Man The Isle of Man, a self‐governing British crown dependency, is one of the few locations where an intelligent regulatory framework for digital currencies is being put in place. Exchange platforms based here need to adhere to strong Know‐Your‐Customer and Anti‐ Money Laundering regulations and Combating the Financing of Terrorism, and compliance is enforced by the Isle of Man’s financial regulator, the Financial Services Authority (FSA). Unlike most other places around the world, the Isle of Man is actively taking the necessary steps to create a regulatory framework for digital currencies. Bitcoin and other crypto‐currencies do Chapter 9: Staying on the Right Side of Legal 127 not fall within the scope of licensable activities by the island’s FSA, but crypto-currency companies do need to comply with the relevant AML/CFT laws pursuant to 2015 amendments to the Proceeds of Crime Act 2008. Thus, a practical approach allows startups to register without having to go through severe licensing requirements as any self‐respecting financial service regulator would enforce. This fosters an entrepreneurial culture on the island and allows the crypto‐currency sector to flourish as regulations are developed over time. It is a move that will help to legitimize bitcoin in the long run, as the digital currency offers many advantages (as you will no doubt have gathered from other chapters in this book). The Netherlands In The Netherlands, things are very straightforward where bitcoin taxation is concerned. Bitcoin is treated like any other currency in the country, and the same taxation guidelines apply to virtual currencies as they would to regular currencies. Slovenia Slovenia decided not to tax the sale of bitcoins to exchanges or other community members. However, bitcoin is subject to income tax just like any regular currency in the country, and the taxation amount is calculated according to the BTC/EUR exchange rate at the time of transaction. United Kingdom The UK is moving forward with treating digital currencies as outside the scope of value added tax (VAT), which is a welcome move for businesses within the sector. At the time of writing, it has been announced that Jersey, another British Crown dependency, will be applying a “light touch” to regulate bitcoin in the near future. Watch this space. United States of America The United States is still figuring out how and whether it wants to tax bitcoin on a federal level. Due to bitcoin’s unknown impact on the economy, determining a proper taxation percentage is difficult, as well as which individuals or businesses should fall into this category. Those who receive any form of income from virtual currencies such as bitcoin should be subject to bitcoin taxation. However, this income can be divided into four different categories: wages, hobby income, bartering income, and gambling income. All of these categories are subject to different taxation percentages. 128 Part III: Using Bitcoin in Business Evading taxes because you’re dealing with bitcoin or other virtual currencies isn’t possible. Tax evasion is one of the many situations bitcoin industry experts want to avoid by collaborating with government officials to create a proper regulatory framework. The United States could turn out to be quite the divided front in terms of bitcoin regulation. Every state can draft its own independent laws and requirements for bitcoin users and companies alike. Some states may even decide not to regulate bitcoin altogether, depending on whether digital currency is being viewed as a currency, digital asset, or barter item. As a result, it will take quite some time until legislators and regulators can come to an agreement as to how bitcoin usage should be regulated. Several countries have issued taxation guidelines on bitcoin already, yet the government wants to know more about the potential financial impact on local economies before taking things one step further. Getting help with bitcoin taxes The field of bitcoin itself is still in its early stages, and making sense of taxation guidelines in applicable guidelines is not an easy task. Luckily, there are a few services and companies helping out bitcoin users in order to calculate potential taxation amounts. Keep in mind that not all of these services are available to every country in the world. More similar services might become available over time, although no official projects have been announced at this time. Here are a few services and companies helping out bitcoin users in order to calculate potential taxation amounts: ✓✓Free software called LibraTax (www.libratax.com) has integrated bitcoin support. Being able to calculate capital gains taxes and losses (for deduction) as well as getting an overview to your entire taxable bitcoin income takes just a few minutes with LibraTax. For a small fee, the company will generate a very detailed report to help you save time and money on paperwork. ✓✓Another platform called Coyno (https://coyno.com) profiles itself as a bookkeeping solution for bitcoin users. You have the ability to import bitcoin wallets from major online service providers to create a detailed overview of incoming and outgoing transactions. At the time of writing, a proper Chapter 9: Staying on the Right Side of Legal 129 bitcoin taxation feature was not enabled just yet, but is scheduled for release within the next 12 months. ✓✓BitcoinTaxes (https://bitcoin.tax) serves as a platform to calculate bitcoin taxes for capital gains and income according to the latest regulatory requirements. Not only does BitcoinTaxes support bitcoin, it supports other virtual currencies such as Litecoin and Dogecoin as well. Transaction data can be imported from major exchanges or bitcoin platforms, and nearly a dozen major fiat currencies are supported at this time. There is a free plan available, which is limited to 100 transactions, whereas the paid plan (U.S. $19.95/year) includes unlimited transactions and will also import transactions from the blockchain(s) directly. Bitcoin Regulation Around the World Bitcoin regulation differs from country to country, just like the tax situation (see the previous section). In some countries, it may even differ from state to state, or province to province. There are no rules set in stone as far as bitcoin regulation is concerned, and some countries may even decide to never regulate bitcoin at all. There are very few places in the world where bitcoin regulation has enforceable rules. Most countries have decided to issue a warning on bitcoin, explaining the risks to citizens in terms of bitcoin not being overseen by a central authority nor being tied to a physical asset. Whether or not the world will be ready for the potentially disruptive technology that bitcoin brings to the table remains to be seen. Putting financial power into the sole control of the individual user rather than relying on centralized services and institutions is a major change in the world of finance. It goes without saying that most governments and financial institutions are wary of this shift in paradigm, as they would not stand to benefit directly from mass bitcoin adoption. Even though various countries have decided to tax bitcoin, the digital currency could have a major impact on local economies, which could be either positive or negative for financial institutions. 130 Part III: Using Bitcoin in Business Regulating with BitLicense Applying existing financial regulations to bitcoin is unlikely to work, because it will most likely create an adverse effect. A prime example of such regulatory measures comes in the form of New York’s BitLicense. Despite the best efforts of bitcoin industry experts, a central authority drafted rules for bitcoin companies in the state of New York that a large segment of the bitcoin community deems harsh and unreasonable. The main concern most bitcoin companies have with the BitLicense regulation is the extensive guidelines requiring BitLicense to give customer information to the state of New York. Many bitcoin industry leaders see this as an invasion of customer privacy, leading quite a few companies to suspend services in the New York state area. Applying for a BitLicense is subject to a $5,000 nonrefundable fee, in addition to legal costs easily ramping up to $20,000. There is no guarantee that applying for a BitLicense will be successful, and bitcoin companies may be forced to provide additional details regarding their business model or customers to state officials. On top of that, the BitLicense regulation contains some antimoney‐ laundering guidelines that are in contrast with federal guidelines. To make matters worse, bitcoin companies are being scrutinized more than traditional financial institutions, which have a notorious history of fraud, corruption, and mismanagement of customer funds. Bitcoin regulation will help legitimize the digital currency, but in our opinion BitLicense is an example of how it should not be done. The regulatory requirements put in place will hamper bitcoin growth in New York state, and the excessive costs associated with obtaining a license are just not manageable by most companies at this time. The sum of $25,000 may not seem like much to make a business legal in the state of New York, but most bitcoin companies have a long‐term picture in mind. As more and more businesses comply with BitLicense regulations, it will be seen as an incentive for other states to adopt the same guidelines. Legitimizing a bitcoin business in all 50 states combined costs in excess of $1 million. By refusing to comply with BitLicense regulatory requirements and shutting down services in the New York state area, bitcoin companies are sending a clear message: Bitcoin regulation is a positive Chapter 9: Staying on the Right Side of Legal 131 trend, but trying to copy‐and‐paste a traditional financial regulatory framework onto bitcoin companies and slapping a high price tag on license application fees will not fly. Regulating elsewhere Other countries around the world are not making much progress in terms of bitcoin regulation to this date. Countries such as The Netherlands and Finland have declared bitcoin to be subject to capital gains tax, but that’s about as far as regulatory measures go. Both countries are sticking to a “laissez‐faire” approach until the European Union comes to terms on whether or not it wants to regulate bitcoin. Asian countries, on the other hand, are trying to prevent thirdparty payment processors from using bitcoin altogether. No official laws have been created declaring bitcoin to be banned or outlawed in Asian countries — with the exception of Vietnam — yet central banks are doing everything they can to discourage payment processors from getting involved with BTC. The next few years will play a pivotal role in terms of bitcoin regulation and how it will affect mass adoption of digital currency. A healthy discussion between regulators and bitcoin industry experts would be a good place to start, but it is impossible to tell which country will allow or outlaw bitcoin in the future. Money transmitter licenses or not? A pressing question keeping bitcoin users on edge is whether or not their local government can classify them as money transmitters. A money transmitter is a business entity that provides money transfer services or payment instruments. And after all, bitcoin can be spent, traded, and bought, making it a way of transmitting money around the world. The question to that answer is rather complex, yet some basic form of guidance seems to be in place all around the world. Depending on where they live, individual bitcoin users may or may not be looked at as money transmitters, as long as they buy, sell, and trade bitcoin in exchange for goods and services. Once an individual starts exchanging bitcoin for fiat currency to or from other users for personal gain, a money transmitter license may be required, depending on where the user is located. 132 Part III: Using Bitcoin in Business Bitcoin bans in several countries Vietnamese government officials have officially prohibited the use of bitcoin in the country altogether. Whether or not there is an official law in place to prosecute Vietnamese citizens involved in bitcoin is uncertain, as is how severe punishment could be. The same principle applies to Bolivia. The country’s central bank, El Banco Central de Bolivia, officially banned any currency or coins not issued or regulated by the local government. This specific regulation applies to bitcoin as well as other major digital currencies such as Namecoin, Feathercoin, Dogecoin, Quark, and Peercoin. This policy issued in 2014 and officially states that “it is illegal to use any kind of currency that is not issued and controlled by a government or an authorized entity.” None of the virtual currencies in existence today is issued nor controlled by a central authority, which means that Bolivia will not be dealing with digital currencies any time soon. Colombia is another South American country that is looking to outlaw bitcoin, but it has not done so yet. Bitcoin could have a major impact on local economies, especially in countries where inflation and hyperinflation are major problems. In Colombia, it remains unclear as to whether the “ban” would be against bitcoin transactions in terms of commerce, or buying and selling bitcoin through exchange platforms, or both. Ecuador decided to ban bitcoin completely in 2014, as well as any other form of decentralized digital currency. However, at the same time, the National Assembly of Ecuador established guidelines for the creation of its own centralized state‐run currency. Government officials are permitted to make payments in “electronic money,” so it will be interesting to see how this project plays out in the future. Iceland is taking a slightly different stance on the idea of banning bitcoin. Using bitcoin as a means of transaction is not prohibited in Iceland, yet buying and selling bitcoin through foreign exchanges is not allowed. Doing so constitutes a movement of capital outside of the country, which is in violation of Iceland’s capital controls. Kyrgyzstan is not too keen on bitcoin either. The National Bank of the Kyrgyz Republic stated the use of bitcoin or other virtual currencies as a form of payment is illegal under current state law. There is only one currency deemed to be legal tender in the country, which is the som (KGS). Other countries around the world are keeping a close eye on bitcoin to see how it could possibly impact the local economy. More countries may or may not ban bitcoin in the future, depending on how the regulatory frameworks are established across different continents. Chapter 9: Staying on the Right Side of Legal 133 Bitcoin enthusiasts who are involved in the mining process to generate additional bitcoins and help confirm transactions are a different matter entirely. Creating bitcoins and selling these amounts to other users for real currency or its equivalent in other commodities is in fact being a money transmitter. However, such a ruling has not been enforced anywhere in the world just yet. It is more of a sign of things to come. Last but not least, bitcoin exchange operators — individuals or businesses who convert bitcoin to and from fiat currency — have to register for a money transmitter license in most jurisdictions. Regardless of whether they trade bitcoin or other virtual currencies intermittently or against fiat currency, a money transmitter license is required in almost every country of operation. One noticeable exception is that of the Isle of Man. Crypto companies in this jurisdiction have to comply with the relevant AML/CFT guidelines overseen by the island’s Financial Services Authority, but their core activity is not yet licensable under current FSA guidelines.
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