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OECD calls out countries for their inconsistent rules on crypto taxation

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A study of cryptocurrency taxation regimes from around the world by the Organization for Economic Co-operation and Development, or OECD, found that global crypto taxation laws are highly inconsistent.

Source: OECD Report.

The way crypto assets are defined vary greatly by jurisdiction. Cryptocurrency is most commonly defined as a “financial instrument or asset”, followed by a “commodity or virtual commodity.” In the U.S., the asset class remains mostly undefined for tax purposes.

Source: OECD Report.

The same inconsistency is observed when it comes to determining the first taxable event for mined cryptocurrency assets. The most common approach here is to tax coins at creation, though some nations choose to tax the first disposal of mined coins instead. Several jurisdictions employ variable rules depending on the entity involved.

The report also noted that the inherent volatility of crypto assets presented additional challenges:

“A high level of volatility makes valuation complex, although it is key for the calculation of the overall capital and of capital gains, and therefore, in establishing the tax consequences under income taxes”.

The report suggests that policymakers should take the environmental impact of various cryptocurrencies into consideration:

The tax treatment of the electricity costs associated with mining and of the proof-of-stake consensus mechanism, which requires considerably lower electricity use can therefore affect environmental consequences, particularly if the costs of pollution are not reflected in prices.

The document urged policymakers around the world to bring greater clarity to the taxation of crypto assets. Even in cases where the existing framework is applied, it suggested crypto-specific guidelines “to promote clarity and certainty for taxpayers.” It also proposed simplified taxation rules and exemptions for small trades or transactions.



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Regulation

New York authorizes first Yen stablecoin operator in the US

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New York has given the first authorization to a stablecoin backed by the Japanese Yen to operate in the U.S.

Per a Dec. 29 announcement, the New York Department of Financial Services has granted Japanese firm GMO-Z.com a charter to handle U.S.D. and Yen-backed stablecoins in New York. 

Given New York’s status as a global center, the NYDFS is the most prominent state financial regulator in the U.S. It is also one of the most aggressive. A pass to operate in New York often opens up the rest of the country. 

GMO’s charter is as a limited liability trust company rather than a full bank, the principle difference being in authorization to handle deposits. While a stablecoin operator typically needs the ability to hold reserves of the pegged asset, GMO’s charter limits its rights to hold other kinds of deposits not central to its ability “to issue, administer, and redeem” its stablecoins. 

The right to issue such non-depository charters has been a bone of contention between state regulators like the NYDFS and national banking regulators in the U.S. 

GMO president and CEO Ken Nakamura said: “We’re breaking ground with our move to issue the first regulated JPY-pegged stablecoin, which many see as a safe haven asset.” 

The NYDFS recently made changes to its famous BitLicense, including a conditional format that buddies up newly licensed firms with existing licensees. The first conditional BitLicense went to PayPal, facilitating the launch of its new crypto services earlier this fall with the help of longstanding licensee Paxos.