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Showing 5 of 5 results by HandoR
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Topic
Board Legal
Re: Can I open up a local shop and sell bitcoins for cash?
by
HandoR
on 25/10/2016, 07:08:26 UTC
I'm wondering if I can open up a local shop and sell bitcoins for cash without paperwork or signing anything. Sure a bitcoin ATM can fulfill that role but as a shop I could do other things such as sell bitcoin merch etc, offer information on bitcoin and cryptos etc, but primarily I'm wondering if I can sell bitcoin for cash without hassling customers with paperwork. I suppose the laws would be the same for an ATM machine? which I haven't heard to be of a legal problem. I'd be considering doing this in Texas, USA, by the way. Any references or shared knowledge would be great, and I'm less interested in speculation. Thanks!

You should be extremely cautious when doing that. Delve into the law of your country and prepare. Many anti-money-laundering offices see bitcoin as an effective means of hiding and secretly transferring large amounts of illegally obtained value.
Post
Topic
Board Bitcoin Discussion
Re: Bitcoin Core to Release SegWit in November
by
HandoR
on 23/10/2016, 08:17:44 UTC
Who makes the decision of applying these new rules?
Post
Topic
Board Legal
Re: What if Bitcoin is made illegal? We must reject the illuminati takeover !
by
HandoR
on 18/10/2016, 07:55:55 UTC
I would say, it will not become completely illegal and I also would not compare bitcoin to chemical or biological substances in the sense of criminalization.

Substances have direct effect on a person's biology, whether it is good or bad effect it does not matter, but it can make the argument emerge and thus justifications.

Bitcoin is a virtual object. It never has direct effect on people's biology. Also, it is unarguably evident that bitcoin is a more efficient means of transport for value. The only part that can build up an illegal aspect is that it can be used anonymously, thus also be used for money laundering and moving criminal money in large amounts.  Therefore the use of bitcoin might become strongly regulated, while it actually already is. All bitcoin traders need to follow the regulations set for a financial institution.
Post
Topic
Board Legal
Re: Is it illegal for someone to hack my BTC wallet?
by
HandoR
on 18/10/2016, 07:23:23 UTC
It is not only illegal, but it is a crime. Although the peculiarities of such a crime depend on the given law of the applicable territory, by principle in all (at least democratic) jurisdictions, refraining someone of the possession of his/her property is deemed to be a crime. The debate, whether bitcoin is money, commodity or something in between is not relevant here. The fact is that someone is its owner through regular means of obtaining such property, without damaging the position of others.

Criminal Law requires the existence of actus reus and mens rea in the case. What i have described was the actus reus, which is taking over the control of property without the will of its owner.

Now, mens rea means the mind of a criminal. That means that the person who perpetrated the actus reus was doing it willingly, presupposedly knowing about the consequences and presupposedly knowing that such an act was against the interests and the will of the owner of the property.

Therefore it does not matter how Bitcoin was taken from someone's wallet. Even if the private key was negligently on the owner's work desk, it is a crime using it for anyone else, without the permission of the owner.
Post
Topic
Board Legal
Re: Taxes on Bitcoin
by
HandoR
on 13/10/2016, 19:24:44 UTC
Hi Everybody,

When getting Satoshi/Bitcoins from the internet in general, could you please tell me whether you have to pay tax to the country you get them from or do you just pay taxes to your own country?

Thanks for your help.





There is a courtcase in Estonia, which has influence to all EU member states. It is Otto de Voogd vs RAB. In this decision bitcoin was deemed to be as an "Alternative means of payment" which means, it is handled pretty much as a normal currency from the anti money laundering and financial regulation perspective.

However, for tax it is different and really depends on each different state. Many states tax also assets which are not fiat, some don't. Estonian companies can keep every asset, including FIAT tax-free. In principle, bitcoin has a market value which corresponds to a fiat value, which means that no holder of bitcoin is relieved from tax, if there is any. HOWEVER, the other question is that how much the tax authorities can actually track and enforce the tax on bitcoin and playing around with this possibility is a risk in itself.

The only more super-governmental statement came in European Court of Justice Case C‑264/14 David Hedqvist vs Skatteverket, which set the standard in European Union that selling Bitcoins is exempt from VAT as being an alternative means of payment again.

Bitcoin is not necessarily illegal in Europe and being cooperative with the authorities right now is a way to sustain a healthy business on the area. That, at least, I can ascertain in Estonia.