Crypto Mining and Tax

There are other tax implications specifically for currencies.

Currencies are therefore defined differently in the income tax act. Crypto currencies do not fall within this definition.
That's true. But for ordinary tax purposes for individuals it functions as would a foreign currency - just as it does in the UK when I last looked.

And currently most monetary authorities aren't keen to define altcoin as currency as that triggers a whole raft of special regulations and provisions that simply can't be applied to altcoin (thank goodness. I personally execrate "official" money and central banks).

However, they're also clearly not a commodity as conventionally defined.

As you know, the Ozzie tax authorities (ATO) have ruled that altcoin trades are akin to barter with similar tax consequences (attracting GST above a threshold), and at the same time are an intangible asset for capital gains tax purposes.

For tax purposes, barter deals are translated into local currency value at the altcoin exchange rate, and GST levied, effectively but not legally functioning as foreign currency trades attracting GST.

In the UK, altcoin is classified as private money, and gains are subject to CGT.
 
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Says who? SARS?

If I buy your house and pay you in mielies or pork belly futures or bitcoin or Rand, you're still liable for the same taxes.

The same goes if I buy your mielies or next year's pork bellies or bitcoin or Rand and pay in dollars or whatever.
Yes SARS. That doesn't mean it's not tax liable only that it's not a currency. Funny you mention Dollars as that's a currency. What if I pay you in mielies for you bacon? You do know the barter system is still used in some instances?
 
However, they're also clearly not a commodity as conventionally defined.
That depends. Gold can be a commodity (you buy for x and sell for y) or it can be an investment (buy and wait for it to gain value).
 
From technical legal perspective the definitions have all sorts of ramifications, from regulatory and reporting rules and requirements to money laundering laws, etc. In most jurisdictions the laws as currently framed make clear distinctions between real currency (legal tender in a country) and trading of other tokens such as e-metals, etc.

Here, for example, is the US Treasury's policy doc wrt money laundering laws and being classified as a dealer in foreign exchange:

Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies.

E-Currencies and E-Precious Metals

The first type of activity involves electronic trading in e-currencies or e-precious metals.13 In 2008, FinCEN issued guidance stating that as long as a broker or dealer in real currency or other commodities accepts and transmits funds solely for the purpose of effecting a bona fide purchase or sale of the real currency or other commodities for or with a customer, such person is not acting as a money transmitter under the regulations.14

However, if the broker or dealer transfers funds between a customer and a third party that is not part of the currency or commodity transaction, such transmission of funds is no longer a fundamental element of the actual transaction necessary to execute the contract for the purchase or sale of the currency or the other commodity. This scenario is, therefore, money transmission.15 Examples include, in part, (1) the transfer of funds between a customer and a third party by permitting a third party to fund a customer’s account; (2) the transfer of value from a customer’s currency or commodity position to the account of another customer; or (3) the closing out of a customer’s currency or commodity position, with a transfer of proceeds to a third party. Since the definition of a money transmitter does not differentiate between real currencies and convertible virtual currencies, the same rules apply to brokers and dealers of e-currency and e-precious metals.

However, from a personal income tax viewpoint, the nett effect for ordinary people like us buying and selling altcoin, the practical consequence is the same as operating a foreign currency bank account.

Since the national and international regulatory frameworks on transmissions of money and near-money are a byzantine web of technicalities, rules, and mutual disclosures defined in pre-crypto days, most countries don't yet have an adequate or systematic way of dealing with altcoin.

Ideologically and practically, that has great appeal to me and to many, because I really have little faith in government money and central banks. Governments are threatened by the loss of control and especially the loss of tax. The monitoring and control aspect is by nature of the technology largely beyond their reach. But the income tax element isn't since it places a disclosure obligation on the individual, and that's why the nett practical effect of cryptocoin is much like that for ordinary legal-tender real currencies. Classifying it as currency or commodity is a technicality since it has perfect fungibility and persistence, at least while the blockchain is accessible.

At least for now.

We'll have to see how governments respond. And those responses will be different and inconsistent, as we see for example in Australia, where sales tax (GST) is levied on altcoin "commodity/barter" transactions over $10K.

In SA, the effects would be the same if altcoin were legally classified as a commodity. VAT would be due on the transactions themselves and not just on payments for real goods and services.
 
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Arthur honestly, what is happening in other countries is completely irrelevant. In SA there are no rules specific to crypto, in the same ways that there are no rules regarding pieces of lint. I do know of several people who have (cue shock and horror) gone to SARS having done some research, motivated their position and SARS has accepted.
 
SARS current stance:
SARS is in the process of analysing the impact of Bitcoin on current legislation, but for the purpose of this year’s return, any cryptocurrency transactions are subject to the general principles of South African Tax Law and are taxed accordingly. This applies to income generated from trading cryptocurrency.
 
SARS current stance:
SARS is in the process of analysing the impact of Bitcoin on current legislation, but for the purpose of this year’s return, any cryptocurrency transactions are subject to the general principles of South African Tax Law and are taxed accordingly. This applies to income generated from trading cryptocurrency.

Would that also apply to income generated by mining cryptocurrency? Trading leaves you with some records to submit, receipts, notes, the like. Mining, not so much. Does this then come down to having to document monthly income from mining and declare for income tax?
 
Would that also apply to income generated by mining cryptocurrency? Trading leaves you with some records to submit, receipts, notes, the like. Mining, not so much. Does this then come down to having to document monthly income from mining and declare for income tax?

Depends if the accumulation of crypto is seen as income. I don't think they have really considered mining as yet. In my interpretation, the income is only realised when you convert to fiat. Will have to wait for SARS legal to refine the policy.
 
Does anyone here use an accountant who might have more info on the tax implications? if any?
 
I fully expect when SARB/SARS finally catch up to crypto, there will be some sort of blanket amnesty offer for anyone wishing to declare their earnings, much like they did with the repatriation of overseas funds a while back.
 
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