Post
Topic
Board Altcoin Discussion
Topic OP
Which crypto-coins are "investment securities"? Implications?
by
TPTB_need_war
on 23/10/2015, 13:10:55 UTC
To those voting, "invesment securities" has a meaning in law which is different than your common sense thought of what it should mean. Please take the time to understand the difference before you vote. In particular it doesn't mean any share of anything you investment in. There are certain tests of whether a share of something is an "investment security" or not.

Please indicate if your vote in the poll does not include all those which are below your choice and why.

Please review the following three linked posts wherein I overview my interpretation of the USA and also international law on what constitutes an "investment security" which must be registered with the government regulatory agencies around the world:

https://bitcointalk.org/index.php?topic=1211093.msg12739508#msg12739508
https://bitcointalk.org/index.php?topic=1211093.msg12727136#msg12727136
https://bitcointalk.org/index.php?topic=1211093.msg12722193#msg12722193

Also my comment:

BitShares 2.0

  • DPOS claims[1] that by having the stakeholders in the system vote, that the controlling group which is the corporation comprising the developers is not in control. Well publicly listed entities allow shareholders to vote, and that doesn't absolve the classification of investment securities. Ostensibly Bitshares is trying to not run afoul of the criminal and civil liability that results from unregistered investment securities, but my interpretation of the law[2] is they may be still acting as a controlling group since investors depend on them to add value to the investment and the future performance of the investment (again I am not making any declaration that they are or are not, I am raising awareness on this issue for potential investors and participants).

    [1]https://bitshares.org/technology/delegated-proof-of-stake-consensus/

    Quote
    This design was chosen to ensure that delegates technically have no direct power and that all changes to the network parameters are ultimately approved by the stakeholders. This is done to protect the delegates against regulations that may apply to managers or administrators of cryptocurrencies. Under DPOS, we can truly say that the administrative authority rests in the hands of the users, rather than either the delegates or witnesses.
    [2]https://bitcointalk.org/index.php?topic=1211093.msg12739508#msg12739508
    https://bitcointalk.org/index.php?topic=1211093.msg12722193#msg12722193

Apparently the implications of not registering "investment securities" means harsh fines and potentially criminal charges can result on being involved with these unregistered "investment securities". I am interested in this from the implications of not only the long-term future of the coin if it is attacked later by government regulators, but also as it pertains to government classification of taxation of the various crypto-coins:

https://www.reddit.com/r/Bitcoin/comments/3pu6v7/by_ruling_that_%C6%80itcoin_exchange_is_taxfree/

did i just read that EU made BTC tax free EU-wide ?

NO

bitcoin was already vat (or as the yanks call sales tax) free.. it has been for 6 years, what has happened is that they have ruled that they wont suddenly make it a VAT inclusive product, and thus keep it at its currency status..

just remember everything is free until its ruled to not be. so dont assume the courts or governments make it free.. they simply decide not to be greedy

did i just read that EU made BTC tax free EU-wide ?

In terms of VAT, because bitcoin is regarded to as a currency by the ECJ. As for capital gains, I think there is still tax for that.