Practical Guide to Crypto in 2018

Total Page:16

File Type:pdf, Size:1020Kb

Practical Guide to Crypto in 2018 Practical Guide to Crypto In 2018 HELPING THE EARLY ADOPTERS - INTRODUCING NECESSARY CRYPTO CONCEPTS - TAX, AML/CTF & REGULATORY COMPLIANCE (AUSTRALIA) - PERSONAL FINANCE STRUCTURING (AUSTRALIA) - INVESTMENT STRATEGIES, TRADING & RECORD KEEPING - ACQUIRING & STORING CRYPTO SECURELY 2 Many references in this book refer to Australian related matters. Please adapt this information as you see fit for your local laws. I hope you gain value from this document and much of the content is globally relevant. Disclaimer: It is of note, that the Authors of this material is not a registered Tax Advisor or Financial Advisor, and does not claim to be a Tax Advisor, or a Financial Advisor. None of this document or its contents should be misconstrued as legitimate Tax Advice or Financial Advice. You should seek Tax Advice or Financial Advice before acting on any endeavours related to this information or cryptographically based assets in general. The views and expressions in this document are strictly for fictional reference only. The Author takes no responsibility to you (the readers’) actions, based on what is contained within. By reading further, you agree and are bound by this disclaimer. There are opinions in this document that should be taken as fiction only. Hence this document should be considered for all legal purposes as fiction. Although I sincerely hope it helps to inform early adopters. Because, we rise by lifting others. PRACTICAL GUIDE TO CRYPTO IN 2018 JAMES F & JACK H 3 CONTENTS The Future Of Crypto ............................................................................................................................................................. 9 Distributed Ledger Technology ....................................................................................................................................... 9 How Distributed Ledger Technology will change our lives ........................................................................................ 9 A new economy is forming… ........................................................................................................................................ 10 What to know before you invest................................................................................................................................... 11 What Is Crypto? .................................................................................................................................................................... 12 The current dominant blockchains .............................................................................................................................. 12 How does it work in practice?....................................................................................................................................... 12 Crypto Regulation Is Coming ............................................................................................................................................ 14 It is time to prepare your holdings and get your house in order ............................................................................ 14 For those of you that believe that taxation will not affect you .............................................................................. 14 Tax And Crypto .................................................................................................................................................................... 16 Is crypto an asset or a currency? ................................................................................................................................. 16 Different ways of investing in crypto require different approaches ...................................................................... 17 Capital Gains Tax............................................................................................................................................................. 18 How is CGT calculated? ................................................................................................................................................. 18 How to tax blockchain fork inheritances, airdrops and other crypto income .................................................... 19 Preventing the annual crypto harvest ......................................................................................................................... 20 Tax evasion penalties ...................................................................................................................................................... 21 Tax summary ..................................................................................................................................................................... 25 Personal Finance Structuring ............................................................................................................................................. 26 Hobbyist/Enthusiast ......................................................................................................................................................... 26 Are you an investor, a trader, or hybrid? .................................................................................................................... 26 Investing as an Individual ............................................................................................................................................... 27 Carrying on a “business” in crypto ............................................................................................................................... 27 Trading to turn a profit .................................................................................................................................................... 27 Hybrid trader/investor ..................................................................................................................................................... 28 Keeping Records Of Crypto Endeavours ........................................................................................................................ 29 The First-In-First-Out (FIFO) method for calculating Capital Gains Tax .................................................................. 29 Accounting software quirks ........................................................................................................................................... 30 Keeping separate bank accounts for separate activities ...................................................................................... 30 Anti-Money Laundering/Counter-Terrorism Financing And Crypto ........................................................................... 32 Overview of the latest AML/CTF regulation ................................................................................................................ 32 Regulation of digital currency exchange providers ................................................................................................. 32 PRACTICAL GUIDE TO CRYPTO IN 2018 JAMES F & JACK H 4 Expansion of powers of AUSTRAC ................................................................................................................................. 33 Presumed innocent until proven guilty?...................................................................................................................... 33 Strict liability offences...................................................................................................................................................... 34 Other noted concerns of the bill as it stands in draft form ...................................................................................... 34 Do You Actually OWN Your Crypto And Can It Be Taken Away? ............................................................................. 36 Establishing proof of ownership .................................................................................................................................... 36 Legitimising your crypto holdings ................................................................................................................................. 37 If starting fresh… ............................................................................................................................................................... 37 If you have already been in the crypto game a while ............................................................................................ 37 For those with a modest amount of crypto ................................................................................................................ 37 The <$10,000 exception for personal goods and services ...................................................................................... 38 Where can I spend my crypto? .................................................................................................................................... 38 Paying your Bills with your crypto .............................................................................................................................. 38 Buying precious metals with crypto ......................................................................................................................... 38 Do I have to legitimise my crypto holdings? .............................................................................................................. 39 Thinking about getting creative? ................................................................................................................................
Recommended publications
  • American Bar Association Business Law Section Committee on Derivatives and Futures Law
    American Bar Association Business Law Section Committee on Derivatives and Futures Law Winter Meeting 2018 Naples, Florida Friday, January 19, 2018 10:15 a.m. to 11:30 a.m. NEW PRODUCTS / FINANCIAL TECHNOLOGY Moderator for the Program: Conrad G. Bahlke, Willkie Farr &Gallagher LLP Speakers: Geoffrey F. Aronow, Sidley Austin LLP Debra W. Cook, Depository Trust & Clearing Corporation Katherine Cooper, Law Office of Katherine Cooper Isabelle Corbett, R3 David Lucking, Allen & Overy LLP Brian D. Quintenz, Commissioner, U.S. Commodity Futures Trading Commission ABA BUSINESS LAW SECTION DERIVATIVES & FUTURES LAW COMMITTEE 2018 WINTER MEETING NEW PRODUCTS / FIN TECH PANEL 2017 Developments in US Regulation of Virtual Currencies and Related Products: Yin and Yang January 5, 2018 By Katherine Cooper1 2017 was a year during which virtual currencies began to move into the mainstream financial markets. This generated significant legal and regulatory developments as U.S. regulators faced numerous novel products attempting to blend the old with the new. Although facing so many novel issues, the regulators’ responses tell a familiar story of the struggle to balance the yin of customer protection with the yang of encouraging financial innovation and competition. Below is a summary of 2017 developments from the SEC, CFTC, OCC, FinCEN and the States. I. Securities and Exchange Commission a. Bitcoin Exchange-Traded Products A number of sponsors of proposed Bitcoin exchange traded products had applications for approval pending before the Securities and Exchange Commission at the beginning of 2017. In March 2017, the SEC rejected a proposal backed by Tyler and Cameron Winklevoss.2 The Bats Exchange proposed a rule amendment which would list the shares of the Winklevoss Bitcoin Trust for trading.
    [Show full text]
  • Virtual Currencies and Terrorist Financing : Assessing the Risks And
    DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT FOR CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS COUNTER-TERRORISM Virtual currencies and terrorist financing: assessing the risks and evaluating responses STUDY Abstract This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the TERR Committee, explores the terrorist financing (TF) risks of virtual currencies (VCs), including cryptocurrencies such as Bitcoin. It describes the features of VCs that present TF risks, and reviews the open source literature on terrorist use of virtual currencies to understand the current state and likely future manifestation of the risk. It then reviews the regulatory and law enforcement response in the EU and beyond, assessing the effectiveness of measures taken to date. Finally, it provides recommendations for EU policymakers and other relevant stakeholders for ensuring the TF risks of VCs are adequately mitigated. PE 604.970 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Special Committee on Terrorism and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. Policy Departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizens’ Rights and Constitutional Affairs or to subscribe to its newsletter please write to: [email protected] RESPONSIBLE RESEARCH ADMINISTRATOR Kristiina MILT Policy Department for Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] AUTHORS Tom KEATINGE, Director of the Centre for Financial Crime and Security Studies, Royal United Services Institute (coordinator) David CARLISLE, Centre for Financial Crime and Security Studies, Royal United Services Institute, etc.
    [Show full text]
  • Rev. Rul. 2019-24 ISSUES (1) Does a Taxpayer Have Gross Income Under
    26 CFR 1.61-1: Gross income. (Also §§ 61, 451, 1011.) Rev. Rul. 2019-24 ISSUES (1) Does a taxpayer have gross income under § 61 of the Internal Revenue Code (Code) as a result of a hard fork of a cryptocurrency the taxpayer owns if the taxpayer does not receive units of a new cryptocurrency? (2) Does a taxpayer have gross income under § 61 as a result of an airdrop of a new cryptocurrency following a hard fork if the taxpayer receives units of new cryptocurrency? BACKGROUND Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and a store of value other than a representation of the United States dollar or a foreign currency. Foreign currency is the coin and paper money of a country other than the United States that is designated as legal tender, circulates, and is customarily used and accepted as a medium of exchange in the country of issuance. See 31 C.F.R. § 1010.100(m). - 2 - Cryptocurrency is a type of virtual currency that utilizes cryptography to secure transactions that are digitally recorded on a distributed ledger, such as a blockchain. Units of cryptocurrency are generally referred to as coins or tokens. Distributed ledger technology uses independent digital systems to record, share, and synchronize transactions, the details of which are recorded in multiple places at the same time with no central data store or administration functionality. A hard fork is unique to distributed ledger technology and occurs when a cryptocurrency on a distributed ledger undergoes a protocol change resulting in a permanent diversion from the legacy or existing distributed ledger.
    [Show full text]
  • Crypto Research Report ‒ April 2019 Edition
    April 2019 Edition VI. “When the Tide Goes Out…” Investments: Gold and Bitcoin, Stronger Together Technical Analysis: Spring Awakening? Cryptocurrency Mining in Theory and Practice Demelza Kelso Hays Mark J. Valek We would like to express our profound gratitude to our premium partners for supporting the Crypto Research Report: www.cryptofunds.li Contents Editorial ............................................................................................................................................... 4 In Case You Were Sleeping: When the Tide Goes Out…............................................................... 5 Back to the Roots ............................................................................................................................................. 6 How Long Will This Bear Market Last .............................................................................................................. 7 A Tragic Story Traverses the World ................................................................................................................. 9 When the tide goes out… ............................................................................................................................... 10 A State Cryptocurrency? ................................................................................................................................ 12 Support is Increasing ..................................................................................................................................... 14
    [Show full text]
  • Crypto-Asset Markets: Potential Channels for Future Financial Stability
    Crypto-asset markets Potential channels for future financial stability implications 10 October 2018 The Financial Stability Board (FSB) is established to coordinate at the international level the work of national financial authorities and international standard-setting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financial sector policies. Its mandate is set out in the FSB Charter, which governs the policymaking and related activities of the FSB. These activities, including any decisions reached in their context, shall not be binding or give rise to any legal rights or obligations under the FSB’s Articles of Association. Contacting the Financial Stability Board Sign up for e-mail alerts: www.fsb.org/emailalert Follow the FSB on Twitter: @FinStbBoard E-mail the FSB at: [email protected] Copyright © 2018 Financial Stability Board. Please refer to: www.fsb.org/terms_conditions/ Contents Executive Summary ................................................................................................................... 1 1. Introduction ......................................................................................................................... 3 2. Primary risks in crypto-asset markets ................................................................................. 5 2.1 Market liquidity risks ............................................................................................... 5 2.2 Volatility risks .........................................................................................................
    [Show full text]
  • Blockchain Law: the Fork Not Taken
    Blockchain Law The fork not taken Robert A. Schwinger, New York Law Journal — November 24, 2020 I shall be telling this with a sigh Somewhere ages and ages hence: Two roads diverged in a wood, and I— I took the one less traveled by, And that has made all the difference. — Robert Frost Is the token holder — often the holder of some form of digital currency — always free to choose which branch of the fork to take? A blockchain is often envisioned as a record of a single continuous Background: ‘Two roads diverged in a sequential series of transactions, like the links of the metaphorical chain from which the term “blockchain” derives. But sometimes yellow wood’ the chain turns out to be not so single or continuous. Sometimes situations can arise where a portion of the chain can branch off A blockchain fork occurs when someone seeks to divide a into a new direction from the original chain, while the original chain blockchain into two branches by changing its source code, which also continues to move forward separately. This presents a choice is possible to do because the code is open. For those users who for the current holders of the digital tokens on that blockchain choose to upgrade their software, the software then “rejects about which direction they wish to follow going forward. In the all transactions from older software, effectively creating a new world of blockchain, this scenario is termed a “fork.” branch of the blockchain. However, those users who retain the old software continue to process transactions, meaning that But is the tokenholder—often the holder of some form of digital there is a parallel set of transactions taking place across two currency—always free to choose which branch of the fork to different chains.” See generally N.
    [Show full text]
  • Review Articles
    review articles DOI:10.1145/3372115 system is designed to achieve common Software weaknesses in cryptocurrencies security goals: transaction integrity and availability in a highly distributed sys- create unique challenges in responsible tem whose participants are incentiv- revelations. ized to cooperate.38 Users interact with the cryptocurrency system via software BY RAINER BÖHME, LISA ECKEY, TYLER MOORE, “wallets” that manage the cryptograph- NEHA NARULA, TIM RUFFING, AND AVIV ZOHAR ic keys associated with the coins of the user. These wallets can reside on a local client machine or be managed by an online service provider. In these appli- cations, authenticating users and Responsible maintaining confidentiality of crypto- graphic key material are the central se- curity goals. Exchanges facilitate trade Vulnerability between cryptocurrencies and between cryptocurrencies and traditional forms of money. Wallets broadcast cryptocur- Disclosure in rency transactions to a network of nodes, which then relay transactions to miners, who in turn validate and group Cryptocurrencies them together into blocks that are ap- pended to the blockchain. Not all cryptocurrency applications revolve around payments. Some crypto- currencies, most notably Ethereum, support “smart contracts” in which general-purpose code can be executed with integrity assurances and recorded DESPITE THE FOCUS on operating in adversarial on the distributed ledger. An explosion of token systems has appeared, in environments, cryptocurrencies have suffered a litany which particular functionality is ex- of security and privacy problems. Sometimes, these pressed and run on top of a cryptocur- rency.12 Here, the promise is that busi- issues are resolved without much fanfare following ness logic can be specified in the smart a disclosure by the individual who found the hole.
    [Show full text]
  • Coinbase Explores Crypto ETF (9/6) Coinbase Spoke to Asset Manager Blackrock About Creating a Crypto ETF, Business Insider Reports
    Crypto Week in Review (9/1-9/7) Goldman Sachs CFO Denies Crypto Strategy Shift (9/6) GS CFO Marty Chavez addressed claims from an unsubstantiated report earlier this week that the firm may be delaying previous plans to open a crypto trading desk, calling the report “fake news”. Coinbase Explores Crypto ETF (9/6) Coinbase spoke to asset manager BlackRock about creating a crypto ETF, Business Insider reports. While the current status of the discussions is unclear, BlackRock is said to have “no interest in being a crypto fund issuer,” and SEC approval in the near term remains uncertain. Looking ahead, the Wednesday confirmation of Trump nominee Elad Roisman has the potential to tip the scales towards a more favorable cryptoasset approach. Twitter CEO Comments on Blockchain (9/5) Twitter CEO Jack Dorsey, speaking in a congressional hearing, indicated that blockchain technology could prove useful for “distributed trust and distributed enforcement.” The platform, given its struggles with how best to address fraud, harassment, and other misuse, could be a prime testing ground for decentralized identity solutions. Ripio Facilitates Peer-to-Peer Loans (9/5) Ripio began to facilitate blockchain powered peer-to-peer loans, available to wallet users in Argentina, Mexico, and Brazil. The loans, which utilize the Ripple Credit Network (RCN) token, are funded in RCN and dispensed to users in fiat through a network of local partners. Since all details of the loan and payments are recorded on the Ethereum blockchain, the solution could contribute to wider access to credit for the unbanked. IBM’s Payment Protocol Out of Beta (9/4) Blockchain World Wire, a global blockchain based payments network by IBM, is out of beta, CoinDesk reports.
    [Show full text]
  • Segwit2x –
    SegWit2x – A New Statement The Overwhelming power of SegWit2x In order to safeguard the community from an undesired chain split, the upgrade should be overwhelming, but it’s not enough. It should also ‘appear’ as overwhelming. People, businesses and services needs to be certain about what is going to happen and the risks if they won’t follow. My impression is that still too many speaking english people in the western world think the upgrade will be abandoned before or immediately after block 494784 is mined, thus they are going to simply ignore it. That could lead to unprepared patch up and confusion, while naïve users risk to harm themselves. For this reason and for the sake of the Bitcoin community as a whole, we need to show again, clearly and publicly the extent of the support to SegWit2x. We also need to commit ourselves in a widespread communication campaign. I know this is not a strict technical matter, but it could help a lot avoiding technical issues in the future. What we have to do First, we need a new statement from the original NYA signers and all the business, firms and individuals who joined the cause later. That statement should be slightly different from the original NYA though, and I am explaining why. We all know that what Bitcoin is will be ultimately determined by market forces, comprehensive of all the stakeholders involved: businesses, miners, users, developers, traders, investors, holders etc. Each category has its own weight in the process, and everybody has incentives in following the market.
    [Show full text]
  • Tenx Whitepaper
    PAYMENT PLATFORM WHITEPAPER Final Version: June 21st 2017 1 IMPORTANT NOTICE PLEASE READ THIS SECTION AND THE FOLLOWING SECTIONS ENTITLED “DISCLAIMER OF LIABILITY”, “NO REPRESENTATIONS AND WARRANTIES”, “REPRESENTATIONS AND WARRANTIES BY YOU”, “CAUTIONARY NOTE ON FORWARD-LOOKING STATEMENTS”, “MARKET AND INDUSTRY INFORMATION AND NO CONSENT OF OTHER PERSONS”, “NO ADVICE”, “NO FURTHER INFORMATION OR UPDATE”, “RESTRICTIONS ON DISTRIBUTION AND DISSEMINATION”, “NO OFFER OF SECURITIES OR REGISTRATION” AND “RISKS AND UNCERTAINTIES” CAREFULLY. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S). The PAY tokens are not intended to constitute securities in any jurisdiction. This Whitepaper does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities or a solicitation for investment in securities in any jurisdiction. This Whitepaper does not constitute or form part of any opinion on any advice to sell, or any solicitation of any offer by the distributor/vendor of the PAY tokens (the “Distributor”) to purchase any PAY tokens nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. The Distributor will be an affiliate of TenX Pte. Ltd. (“TenX”), and will deploy all proceeds of sale of the PAY tokens to fund TenX’s cryptocurrency project, businesses and operations. No person is bound to enter into any contract or binding legal commitment in relation to the sale and purchase of the PAY tokens and no cryptocurrency or other form of payment is to be accepted on the basis of this Whitepaper.
    [Show full text]
  • MYBTGWALLET SCAM the Dark Side of the Fork
    MYBTGWALLET SCAM The dark side of the fork Intro After Bitcoin Cash fork on Aug. 1st, Bitcoin was involved in two other forks between October and November: before the so disputed Segwit2x announced fork, on Oct. 24th a new crypto was launched. Bitcoin Gold was a new greedy chance for Bitcoin owners to earn some free money: importing mnemonic seeds or private keys belonging to a BTC wallet in a BTG one they had the opportunity to redeem their free BTG. This was possible through local BTG clients or through some web services such as MyBTGWallet.com, a website listed directly on BTG official webpage. This particular case turned in a scam that stole an impressive number of Bitcoin from “unexperienced” users. The Scam Site MyBTGWallet scam worked in a very simple way: users imported the mnemonic seed of their BTC wallet on the scam page providing in this way the scammer with the private keys needed to steal the balance of bitcoin still on the wallet and any other cryptocurrencies stored on the same wallet (e.g. Ethereum or Litecoin in case it was a multicurrency wallet). MyBTGWallet page The site used a clever trick to save the mnemonic seed into the cookies of the browser and then siphoned the cookies via a google tracking javascript having this way access to all seeds checked on the website. 2 The numbers The website was used by many bitcoin holders after the fork happened. The scammers progressively moved the stolen funds to other bitcoin addresses. Thanks to open source intelligence activities, we were able to create the clusters of the stolen bitcoin and determine that the number of compromised addresses is almost 4500.
    [Show full text]
  • 3Rd Global Cryptoasset Benchmarking Study
    3RD GLOBAL CRYPTOASSET BENCHMARKING STUDY Apolline Blandin, Dr. Gina Pieters, Yue Wu, Thomas Eisermann, Anton Dek, Sean Taylor, Damaris Njoki September 2020 supported by Disclaimer: Data for this report has been gathered primarily from online surveys. While every reasonable effort has been made to verify the accuracy of the data collected, the research team cannot exclude potential errors and omissions. This report should not be considered to provide legal or investment advice. Opinions expressed in this report reflect those of the authors and not necessarily those of their respective institutions. TABLE OF CONTENTS FOREWORDS ..................................................................................................................................................4 RESEARCH TEAM ..........................................................................................................................................6 ACKNOWLEDGEMENTS ............................................................................................................................7 EXECUTIVE SUMMARY ........................................................................................................................... 11 METHODOLOGY ........................................................................................................................................ 14 SECTION 1: INDUSTRY GROWTH INDICATORS .........................................................................17 Employment figures ..............................................................................................................................................................................................................17
    [Show full text]