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I've met with a lawyer who knows crypto currency. I mentioned

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I've met with a lawyer who knows crypto currency. I mentioned this plan on /biz/ before and one Anon asked me to report back afterwards. This applies to German tax laws, maybe to all of Europe similarly.
What I've taken away.

* Private vs. Commercial
I was told this is the most important aspect. Taxes are very different for private activities (like trading in your spare time) and commercial activities (professional full-time trader). In the latter case you must register a proper business. The line is blurred, especially for mining operations (see below.)

VERY IMPORTANT: Do not invest money for other people. This is a violation of European banking laws and can get you in deep trouble. \

You can borrow money from others, invest, and pay them back. This is legal, but swerves the tax pendulum in the direction of "commercial activity".

* Every single trade must be listed on your tax report, even if it's between altcoins, e.g. DOGE for Bitbeans or whatever, with the respective fiat value of each coin. Basically you need to software that handles it for you.
Fees and losses can be deducted.

* Tax-free after 1 hear of holding a coin
Any gains made after holding a coin for over 1 year are 100% tax free. However this only applies to _private_ trading. If the tax man thinks you're a full-time professional trader, this does not apply.

* """"Lost"""" Bitcoins
If you (((lose))) crypto, for example to hackers or a defective hard drive, private investors can't claim it as a loss. Professional traders can.
(Will have to double-check that but it's what I was told.)

* Mining
Mining seems to be a controversial topic in terms of tax law because some lawyers consider it commercial, no matter how small the operation is, while others consider a small mining operation akin to someone digging for gold nuggets in their spare time. The lines are blurred and you should consult with an accountant.
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>>2776339
sounds like you paid 600€ for 2 hours of "professional" advice from google
the important part is where that line between private and professional is drawn.

I know some funky cases of people selling stuff on ebay unintentionally becoming a business.

So. Does, for example, working a full time job by definition exclude you from being a professional trader (obviously you didn't have anywhere near full time to invest)?
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>>2776389
I had a special case that I can't disclose here. That one definitely required a lawyer.
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>>2776389
>So. Does, for example, working a full time job by definition exclude you from being a professional trader (obviously you didn't have anywhere near full time to invest)?
Yes, the lawyer said a full-time job helps a lot to convince the tax man that it's just a private endeavor.
In my case, we're going to handle it accordingly. I quit my job last year and everything from that point on will be taxed as a business.
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>>2776339
>reporting every single trade
Suppose I'm not registered with Kraken, and only trade on Asian exchanges, and cash out bitcoins anonymously in small amounts.

What are you gonna do, mr. taxman?
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>Tax-free after 1 hear of holding a coin
Certainly not applicable in the case of the UK. CGT applies regardless of the age of the asset.

Would be interested to know what your meant to do for altcoins which don't have a direct exchange rate to the fiat the taxman expects you to apply capital gains calculations in.
>>
>>2776339
Why would you cash out in your own country as opposed to say, transfering ownership of the crypto from *anonymous* to an offshore company in the BVI for example then cashing out there tax-free and not having to deal with any of this bullshit.
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>>2776408
that should by extension mean that any of your tech purchases are now business requirements and may provide tax advantages?
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>>2776414
as long as there's a route to exchange for fiat, you apply that. Be mindful of
>Fees and losses can be deducted.
>>
>>2776421
>that should by extension mean that any of your tech purchases are now business requirements and may provide tax advantages?
Yes, I'm able to deduct my computer, electricity, Internet, etc...
It's quite attractive to do all your trading as a registered small business.
>>
Basically the only incentive to classify your trades as "private" in Germany is the 1 year rule, IMHO
Like, buy Ether in 2015 and sell in 2017.
0% taxes.

For all other cases, there's no advantage to not registering a business.
>>
>>2776462
What if your rent includes utilities but you can't run a business from the location?
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>>2776522
Not sure, never had such a restriction.
I deduct rent/utilities proportionally for the area of my designated home office (1 room)
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>>2776339
How about you just don't cash out and fuck their taxes completely. The taxman can go suck a fat one.

With USDT you have everything you need. I'm not letting them Jew me out of my money
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>>2776419
This. These people are fucking retarded. Enjoy giving (((them))) free money.

If crypto are currencies you should not have to pay taxes.

Taxes on speculation are pure theft. Period.
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youd have to be completely retarded to pay taxes on crypto gains

>>2776410
they cant do shit
german tax laws are the most bloated in the world and were thought up by boomers who have no clue how this technology works
>>
>>2776926
>don't cash out
What am I supposed to eat and where should I live?
>>
>>2776339
Nice, just bought 100k!
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