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Taxation of Derivatives and Cryptoassets

Taxation of Derivatives and Cryptoassets
Author: Oktavia Weidmann
Publisher: Kluwer Law International B.V.
Total Pages: 676
Release: 2024-06-10
Genre: Law
ISBN: 9403523840

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Derivatives stand at the forefront of financial innovation, continually evolving to accommodate new asset classes and risk categories. In the past decade, the growing popularity of cryptoassets and ESG investments has sparked the development of a variety of innovative investment strategies and risk management tools, including crypto and ESG derivatives and related structured products. This new edition has similarly evolved. Using illustrative examples, it provides a comprehensive analysis of the key tax issues associated with derivatives and cryptoassets in domestic and cross-border transactions and presents approaches that tax legislators could adopt to solve them. The new edition also comments on recent trends in global tax policy, such as the OECD Base Erosion and Profit Shifting (BEPS) 1.0 and 2.0 projects. Throughout the book, specific references are made to UK, German, and Swiss tax law. The updated edition addresses the following topics: economic and financial properties of derivatives and cryptoassets; definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others; accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP; current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets; characterisation of derivatives gains and losses as income or capital, and equity or debt; accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets; accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products; withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and anti-avoidance legislation applying to derivatives and cryptoassets, including the domestic law implementation of BEPS Action 2, the EU Anti-Tax Avoidance Directives (ATAD I and II), the tax transparency rules for cryptoassets (DAC8) and Pillar Two. This comprehensive book analyses recent developments in three intertwined areas of expertise: financial products, accounting and tax law. It will be a valuable resource to tax professionals in their daily practice of advising companies, banks and investment funds. It will also be of interest to government officials and researchers engaged in the taxation of derivatives, cryptoassets, and ESG investment products.


Taxation of Crypto Assets

Taxation of Crypto Assets
Author: Niklas Schmidt
Publisher: Kluwer Law International B.V.
Total Pages: 677
Release: 2020-11-27
Genre: Law
ISBN: 9403523514

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The emergence of crypto assets has required taxation authorities worldwide to develop unprecedented policies and compelled tax lawyers to apply existing laws in new ways. This book – the only one to focus solely on the taxation of crypto assets – provides a detailed country-by-country analysis of how the tax law of thirty-nine countries may apply to this rapidly developing area, including different use cases and compliance and documentation requirements. Following an overview of the technology and key characteristics of crypto assets, as well as the key tax concepts and types of taxes that could apply to them, leading practitioners in each particular jurisdiction summarize the relevant tax law in that country. Fully explained are such aspects of crypto assets as the following and how they are interrelated: sales; exchanges; receipt as remuneration; forks; airdrops; mining; staking; initial coin offerings; security token offerings; and initial exchange offerings. Contributors describe how each jurisdiction applies income and capital gains taxation, value-added tax and sales tax, withholding taxes, transfer taxes, and gift, inheritance, estate and wealth taxes in the context of crypto assets. Reporting requirements and enforcement are also covered. Tax law, as it applies to crypto assets, is new and continues to evolve. This book will be welcomed as the premier resource for tax practitioners, government officials, advisors, investors, issuers, users of crypto assets, and taxation academics who are seeking informed awareness of the policy choices countries make in dealing with the taxation of this new technology. Tax lawyers dealing with crypto assets will have comprehensive practical guidance on how to comply with the tax laws of multiple jurisdictions.


Cryptocurrency taxation

Cryptocurrency taxation
Author: Renan Do Nascimento Couto
Publisher: Editora Letramento
Total Pages: 191
Release: 2024-06-13
Genre: Law
ISBN: 6559324990

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O livro tem como elemento central a análise de fatos geradores tributários decorrentes do uso de criptomoedas como ativos de pagamentos (principalmente) e investimentos (residualmente). A premissa perpassa pela necessidade de se descobrir quais as pessoas operam as criptomoedas, uma vez que a chave pública não identifica o CPF ou CNPJ do usuário. A falta de reconhecimento entre a pessoa física e o algoritmo que compõe a chave pública permite a circulação de riqueza sem a respectiva tributação. Desse modo, o presente livro pretende responder às seguintes indagações: como lidar com a circulação de riquezas quando o ativo transferível, por chave pública, não propicia a identificação do registro da pessoa? E, após identificar, como deve ser feita a tributação? Para responder a essas perguntas, inicialmente, defende-se a necessidade de o Estado promover uma regulação de incentivos para potencializar que as criptomoedas circulem, primordialmente, dentro das Exchanges. Em seguida, analisa-se a natureza jurídica desses ativos e os principais fatos geradores tributários que podem incidir no caso concreto. Observa-se que, muito além do Imposto de Renda por ganho de capital decorrente do cash out, há outras possibilidades de incidência de tributo, inclusive, por auferimento de renda no pagamento de uma obrigação em criptomoedas (Imposto de Renda em razão do plus jurídico). Para além dessa hipótese, há ganhos na custódia, aproximação entre clientes e troca dos ativos por moeda fiat, o que faz incidir, também, o Imposto de Renda das Exchanges e o Imposto sobre a Prestação de Serviços. Tais hipóteses são apenas algumas relatadas ao longo deste trabalho.


Australian Taxation

Australian Taxation
Author: John Bevacqua
Publisher: John Wiley & Sons
Total Pages: 611
Release: 2024-03-11
Genre: Business & Economics
ISBN: 139422592X

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Now updated to reflect the changes to the 2023/2024 tax rates and the May 2023 budget, the text is concise and to the point, easy to digest and applied rather than legalistic. It aims to demystify legal jargon and legal technicality without sacrificing essentialcore legal knowledge and meaning. Importantly, it provides the requisite foundation for business students who intend to later undertake the professional programs of either CPA Australia or CA ANZ. This new edition discusses ethics and technology including cryptocurrency examples in every chapter. New features include more content on diversity and inclusion with a focus on indigenous content. Students can access both the print and digital formats, including animated work problems, practitioner videos, and questions with feedback in the eText.


An Anatomy of Tax Havens

An Anatomy of Tax Havens
Author: Paul R. Beckett
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 354
Release: 2023-10-23
Genre: Business & Economics
ISBN: 3110985160

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Tax havens in offshore lands like Switzerland, the Cayman Islands and the Bahamas were once considered a rarity, the preserve of the super-rich. Today, they are big business available to the masses. Their goal? To avoid any form of accountability. Own nothing. Possess everything. Be answerable to no one. Where are these tax havens? What forms can they take? What future lies in store for them, and why should we care? An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America answers these questions, and more, in the first comparative study in one volume of European, Caribbean and United States tax havens. It examines their simple origin to the extreme forms some take today, delving into the murky subculture that has deliberately made them impenetrably obscure. Uniquely, it combines detailed technical expertise (regulatory regimes, financial crime, legal and equitable structuring) with an analysis of their impact on domestic and global political, economic, environmental and social concerns. An Anatomy of Tax Havens is a fascinating, informative read for a broad readership; from legal, accountancy and tax practitioners to compliance regulators, law enforcement agencies, and students and researchers interested in business studies, taxation, and crime.


The Virtual Currency Regulation Review

The Virtual Currency Regulation Review
Author: Michael S. Sackheim
Publisher:
Total Pages: 422
Release: 2021
Genre: Comparative law
ISBN: 9781838628390

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The Truth About Crypto

The Truth About Crypto
Author: Ric Edelman
Publisher: Simon and Schuster
Total Pages: 311
Release: 2022-05-10
Genre: Business & Economics
ISBN: 1668002345

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A straightforward, practical guide to the newest frontier in investment strategy—crypto—from #1 New York Times bestselling author and personal finance expert Ric Edelman. Blockchain and bitcoin are here to stay—and as the Bank of England stated, this new technology could “transform the global financial system.” No wonder PWC says blockchain technology will add $2 trillion to the world’s $80 trillion economy by 2030. Indeed, blockchain technology and the digital assets it makes possible are revolutionary, the most profound innovation for commerce since the invention of the internet. And yet, the average investor—and the investment advisors who manage two-thirds of all their money—aren’t aware of all this, or of the incredible investment opportunities now available. Fortunately, Ric Edelman, one of the most influential experts in the financial field, shows investors how they can engage and thrive in today’s new investment marketplace. Featuring the prophetic insights you’d expect from one of most acclaimed financial advisors, The Truth About Crypto is fun to read and easy to understand—and most importantly gives readers the sound, practical advice we all need to succeed with this new asset class. Best of all, Edelman shows how blockchain works, the difference between digital currency and digital assets, and a comprehensive look at every aspect of the field. This book is a must-read guide if you want to achieve investment success today.


Cryptoassets: The Innovative Investor's Guide to Bitcoin and Beyond

Cryptoassets: The Innovative Investor's Guide to Bitcoin and Beyond
Author: Chris Burniske
Publisher: McGraw Hill Professional
Total Pages: 368
Release: 2017-10-20
Genre: Business & Economics
ISBN: 126002668X

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The innovative investor’s guide to an entirely new asset class—from two experts on the cutting edge With the rise of bitcoin and blockchain technology, investors can capitalize on the greatest investment opportunity since the Internet. Bitcoin was the first cryptoasset, but today there are over 800 and counting, including ether, ripple, litecoin, monero, and more. This clear, concise, and accessible guide from two industry insiders shows you how to navigate this brave new blockchain world—and how to invest in these emerging assets to secure your financial future. Cryptoassets gives you all the tools you need: * An actionable framework for investigating and valuing cryptoassets * Portfolio management techniques to maximize returns while managing risk * Historical context and tips to navigate inevitable bubbles and manias * Practical guides to exchanges, wallets, capital market vehicles, and ICOs * Predictions on how blockchain technology may disrupt current portfolios In addition to offering smart investment strategies, this authoritative resource will help you understand how these assets were created, how they work, and how they are evolving amid the blockchain revolution. The authors define a clear and original cryptoasset taxonomy, composed of cryptocurrencies, cryptocommodities, and cryptotokens, with insights into how each subset is blending technology and markets. You’ll find a variety of methods to invest in these assets, whether through global exchanges trading 24/7 or initial cryptoasset offerings (ICOs). By sequentially building on the concepts of each prior chapter, the book will provide you with a full understanding of the cryptoasset economy and the opportunities that await the innovative investor. Cryptoassets represent the future of money and markets. This book is your guide to that future.


Blockchain and Cryptocurrency: International Legal and Regulatory Challenges

Blockchain and Cryptocurrency: International Legal and Regulatory Challenges
Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
Total Pages: 341
Release: 2022-11-21
Genre: Law
ISBN: 1526521660

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Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law. This title is included in Bloomsbury Professional's Cyber Law online service.


Payment Services

Payment Services
Author: Casanova, John
Publisher: Edward Elgar Publishing
Total Pages: 400
Release: 2022-02-15
Genre: Law
ISBN: 1839107987

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The rise of Fintech and crypto-assets in the payments sector presents new opportunities and challenges for firms, regulators and policymakers, and the law is continually changing to keep pace with these developments. This book provides an overview and practical examination of key areas of payments law and regulation in the EU and UK, as well as introductions to analogous legal regimes in the United States, Hong Kong, Singapore and sub-Saharan Africa.