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Germany: Bitcoin Is "Private Money"

hypnosec writes "Germany has declared Bitcoin as a 'unit of account', which makes the virtual currency a kind of 'private money' and the process of Bitcoin mining has been deemed 'private money creation.' The recognition as 'unit of account' makes Bitcoin eligible for use in "multilateral clearing circles" and because of this citizens are liable to pay capital gains tax, if they profit from the crypto-currency by sale or purchase within a period of one year – the same as they would have to in case they profit by selling stock, bonds or other form of security. The question here is how the finance ministry would come to know of a person's Bitcoin holding as it is a decentralized currency with no governing body to keep count on the number of Bitcoins a person has. The German government expects that citizens declare their Bitcoin while filing their annual tax return."

36 of 223 comments (clear)

  1. Same as any other potential fraud. by Anonymous Coward · · Score: 5, Insightful

    Honor system, but if you do anything to get on their shitlist they'll eventually find it out when you try and get it converted into salable assets.

    Undocumented income may be frowned upon, but UNDECLARED income is worse if you get caught.

    Remember Al Capone after all :)

    1. Re:Same as any other potential fraud. by Sarten-X · · Score: 4, Insightful

      Exactly.

      The question here is how the finance ministry would come to know of a person's Bitcoin holding as it is a decentralized currency with no governing body to keep count on the number of Bitcoins a person has. The German government expects that citizens declare their Bitcoin while filing their annual tax return."

      ...just like cash.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:Same as any other potential fraud. by felixrising · · Score: 5, Insightful

      Most taxation systems are self reporting. You can lie but if you get caught any profits from your deception rapidly evaporate.

    3. Re:Same as any other potential fraud. by fuzzyfuzzyfungus · · Score: 4, Interesting

      Honor system, but if you do anything to get on their shitlist they'll eventually find it out when you try and get it converted into salable assets.

      And bitcoin's design matchess the 'well, we don't really have any way of knowing; but you are in serious trouble if we find out' enforcement model pretty well. Watching the block chain is already a thing in suitably interested hobbyist circles, and doing so doesn't require any blackhat wizard-fu, it's a protocol feature. For the moment, the transaction history is also relatively small.

      None of that helps them connect a person to one or more wallet addresses; but if they do, by other means (probably if you try to cash out, possibly by surveillance of improperly anonymized use), they get a full transaction history automatically.

    4. Re:Same as any other potential fraud. by Jane+Q.+Public · · Score: 2, Interesting
      Admittedly off-topic:

      "You do not have a moral or legal right to do absolutely anything you want."

      Yes, you do... as long as you aren't harming others in the process.

    5. Re:Same as any other potential fraud. by Anonymous Coward · · Score: 3, Funny

      I propose an experiment in conciseness. Let's strip the text of the fillers and only leave single instances of all the key words and phrases and see what we get:

      BitCoin, Hackers, Anonymous, Bankers, Wall Street, Alien Technology, Jesus, Ancient Faces on Mars, Singularity, Mayan Calendar, Planet X, Prophecy, Truth, Invasion, Flying Saucers, Space Travel, Physical Vibration, Energy Vibration, Reptilians, Signals, Attack, Unknown Origin, The Internet, Illuminati, Skynet, Sumerians, Nibiru, Anunnaki, Genetically Altered Homo Sapiens, Genetic Manipulation, Slaves, War, Genetic Codes, Genetic Program, Synthetic Substitute, Aspartame and Sugar, Fighting Us, Manipulated, Central Planner, 2012 Awakening of Earth, Rebels And Nonconformists, Personal Sovereignty, Light Warriors, Governments, Corporations, Banking Systems, Androids, Clones, Souls, Control, Highly Charged Particles, Revolution of Conciousness, Special Gifts, Angelic Human Path.

      Just as I thought - we managed to cut down on the length of the post and it still makes as much sense as the original.

    6. Re:Same as any other potential fraud. by Jeremi · · Score: 4, Interesting

      Yes, you do... as long as you aren't harming others in the process.

      Where it gets sticky is in the definition of what constitutes "harming others". For example, some argue that self-abuse (e.g. chronic drug use, or suicide) counts as harming others, in that by removing yourself from society, the other people in the society lose the benefits of your productivity/friendship/support/expertise/etc.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    7. Re:Same as any other potential fraud. by tftp · · Score: 2

      For example, some argue that self-abuse (e.g. chronic drug use, or suicide) counts as harming others, in that by removing yourself from society, the other people in the society lose the benefits of your productivity/friendship/support/expertise/etc.

      As if those "others" have any right to those benefits.

      But apparently many think so, and they want to keep you around, like a milk cow, to be milked of your labor. Prohibition of suicide is in most (all?) major religions for this very reason. A good slave must remain alive, no matter what opinion he may have on the subject. Nothing changed since middle ages; a person cannot control his birth, and may not control his departure. Others need your labor, peasant!

      Drug users harm the society simply by being dependent on the drug. I always was in favor of giving the drugs (which are cheap if made in an industrial process) to anyone who is stupid enough to take them. Advise people to not do that, just as you currently advise people to not jump off the tall buildings and not to lick high voltage wires. But if they do, it's their choice. They can have as much drug as they want (it will become worthless in the street.) Narcomafia crashes and burns. And the average IQ of the society increases.

    8. Re:Same as any other potential fraud. by jcr · · Score: 4, Insightful

      Yes, some people argue that, and they're wrong. It's like claiming that a slave who runs away is harming his owner.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    9. Re:Same as any other potential fraud. by Anonymous Coward · · Score: 2, Interesting

      Never mind that nobody knows who the anonymous hacker jesus Satoshi Nokamoto is who created Bit Coin.

      Since BitCoin is entirely Open Source, it indeed doesn't matter who created it. All the information you need to judge its technical trustworthiness is on the table. Trust in the creator is only needed if you are not able or not willing to either check the code yourself, or have a third party you trust check the code.

      Besides the trust in the BitCoin technology, there's the trust in the BitCoin value. But that's even less dependent on the creator, because whether you can or cannot trust the value entirely depends on the other participants.

      And finally, there's the trust in the legality of the system. Which is completely independent of the creator, unless it turns out the creator and the legislator are one and the same. What we are talking about is essentially the German government declaring BitCoin legal. Which means as long as you deal with BitCoins only in Germany (and other countries who explicitly declared them legal), correctly declare them for your tax, and don't use them for illegal purposes, you know you've got nothing to fear from the legal side.

    10. Re:Same as any other potential fraud. by pla · · Score: 2

      but if they do, by other means (probably if you try to cash out, possibly by surveillance of improperly anonymized use), they get a full transaction history automatically.

      Careful by what you mean by "get a full transaction history", because in the most useful sense, that doesn't hold true.

      The Bitcoin client, by default, creates a new address for every single transaction you make. Identifying yourself in one of them has no impact on any other transactions in which you may have participated.

      Each identifiable transaction gives exactly two and a half points of useful metadata:
      1) As much PII as the sender revealed,
      2) The recipient's Bitcoin address, and
      2.5) The transaction history FOR THE BTC SPENT (not for the sender or recipient).

      The "full transaction history" that you refer to consists of that last point - Which I only count as half of a useful point, because in virtually all cases, it has no meaning - If you pay cash for your lunch today, and the vendor uses "your" $20 bill to buy crack later tonight, you have nothing to do with the subsequent crime.

      So, in the sense that you can trace every single BTC back to its originating block, yes, you get a complete transaction history. In the sense of revealing information about any of your other transactions, then no, outing yourself for one transaction doesn't have any effect on the others.

  2. I'm out. Thank God by DigiShaman · · Score: 2, Interesting

    Way back when, I placed a pre-order on a small BitCoin miner from Butterfly Labs. Later they sent me an e-mail wanting to know if I wanted to continue with the order, or get a refund back to my PayPal account. I chose the refund. Thank God! Having to deal with all this IRS and other legal regulation shit is too much of a PITA. No doubt the NSA is tracking BitCoin transfers and users too at some level.

    --
    Life is not for the lazy.
    1. Re:I'm out. Thank God by Anonymous Coward · · Score: 2, Funny

      Yeah I hate how much influence the IRS has in Germany these days.

    2. Re:I'm out. Thank God by AHuxley · · Score: 5, Informative
      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:I'm out. Thank God by Anonymous Coward · · Score: 2, Insightful

      So why is it that companies that sell gold mining equipment typically haven't ever bothered with gold mining?

      You're retarded. Plugging in a BitCoin miner requires almost no work, you only need access to electricity. Mining gold requires you to find where it's likely to be, buy/steal the land, acquire mining rights, acquire the equipment, hire workers, wait until the miners actually find something, etc. It's completely different.

    4. Re:I'm out. Thank God by Animats · · Score: 3, Informative

      Way back when, I placed a pre-order on a small BitCoin miner from Butterfly Labs. Later they sent me an e-mail wanting to know if I wanted to continue with the order, or get a refund back to my PayPal account. I chose the refund. Thank God!

      Good move. Butterfly Labs has a large number of angry customers on the Bitcoin forums. They deliver months late or not at all. The Bitcoin "difficulty" level is now increasing so fast that late hardware is unprofitable when delivered.

    5. Re:I'm out. Thank God by lxs · · Score: 3, Interesting

      Here in Europe thanks to the Euro crisis there is a big crackdown on tax evasion. This includes the German government doing grey area stuff like buying leaked confidential lists of clients of Swiss banks. So it stands to reason that they strike deals to help others catch free loading scum as well.

      Personally I am proud that I pay my fair share to improve the society that I live in and have no time for people who don't. It also helps me feel that righteous anger when I suspect that "my" money is wasted which is a favourite pastime of many internet commenters including me.

    6. Re:I'm out. Thank God by gnasher719 · · Score: 2

      Dealing with the IRS is no problem in Germany. Just put it into your tax return. You say what regular income you have, what tax deductions, and what over income. So you write "Profit from trading BitCoin: 365 Euros", and that's it. One line in your tax return.

    7. Re:I'm out. Thank God by meta-monkey · · Score: 2

      Then the value of already-mined coins skyrockets. At some point, they might even be valuable enough to make it worthwhile to turn those mining machines back on. Why, it's almost like a free market!

      --
      We don't have a state-run media we have a media-run state.
  3. The Same Way They Know About Your Paper Money by Anonymous Coward · · Score: 2, Insightful

    Paper money and coins are just as anonymous, and we've been working with them fairly well for a thousand years.

    1. Re:The Same Way They Know About Your Paper Money by Immerman · · Score: 2

      >but the sheer inconvenience and risk discourages very large scale movements of physical currency

      I disagree - it discourages medium-sized movements, but if you have truly large quantities (like say a shipping containers worth) to move then purchasing the proper customs officials, diplomats, or other well-placed individuals is probably a minor business expense.

      One of the places where Bitcoin opens an interesting door is the democratization of money laundering, international purchasing, and other such realms where knowing the right people and being able to afford their services have traditionally been a gatekeeper that keeps out the riffraff.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    2. Re:The Same Way They Know About Your Paper Money by Errol+backfiring · · Score: 2

      Paper money and coins are just as anonymous, and we were working with them fairly well for a thousand years.

      There, fixed that for you. It gets harder and harder by the day to use real and anonymous money. In the USA, not using a credit card is at least suspicious. In Europe, governments and large organisations make it harder and harder to pay with the real national currency. Want to park in Rotterdam? You have to pay, but real money is not accepted. There are already shops that do not accept real money. Off course, digital money does not have to exist, so banks will push as many companies as they can toward cashless systems.

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  4. It's all cats by AK+Marc · · Score: 3, Interesting

    If I were to start a cat breeding business and buy/sell/trade cats as currency, making money on some, losing money on others, it's a currency. If I am stupid, I'll play dumb declare nothing, and the government will come after me eventually and measure my income against my stated non-cat income, and sentence me to Al Capone Prison. Smart is declare it a business. Write off everything I can, and count every sale as a sale of a stock or pork bellies or a cat. If it's a business, I pay taxes only on profit, not income.

    These are the US rules today, bitcoin changes nothing.

  5. yes, you can and no, it wouldn't by raymorris · · Score: 2

    Yes, you can still turn a profit if you're using the appropriate technology and managing power cost. No, it's not a profit if the revenue is less than expenses.

    However, there are other ways to make a profit that are sustainable, useful, and fulfilling. With bitcoin, you need to buy new equipment every year or so. With carpentry, for example, your equipment lasts a decade or more. With carpentry, programming or most any other business activity, you end up producing something that's actually useful and often beautiful. With bitcoin, you end up producing a number, nothing useful and certainly nothing expressive.

  6. Re:Law too slow to adap to technology? by fuzzyfuzzyfungus · · Score: 3, Insightful

    But how about when it has to do with money and taxes? Oh boy, so now they understand perfectly?

    I actually never thought governments would move this fast to regulate BitCoins.

    I suspect it helps that, while they depend on a novel mechanism for preventing duplication and double spending, BitCoins aren't really conceptually much different, once they hit the market, from the assorted oddball synthetic commodities that people (albeit generally not the general public) have been trading for years, often decades.

    This means that governments are both already familiar with similar things (so they probably have applicable laws or easily adapted laws on the books) and that governments are already familiar with the tendency to concoct and sell ever more creative synthetic assets (so they are probably already used to dealing with new asset flavors popping up, and either have a system for moving quickly or sufficiently broad definitions to catch what the investment bankers have been inventing).

    That's the thing: bitcoins are architecturally somewhat novel; but as a commodity that people trade with each other (especially if they trade for currency or for securities with established market values) it really doesn't bring anything fundamentally new to the table. We already have 150+ currencies in circulation, and an unknown number of stocks, bonds, futures, and more exotic derivatives. The fact that bitcoins use a different anti-counterfeiting measure doesn't really make a whole lot of difference when trying to slot them into existing regulatory structures.

  7. Re:Law too slow to adap to technology? by Jane+Q.+Public · · Score: 4, Insightful

    "we can all see how slow they are achieveing anything at all. We can see this clearly with patents, copyrights, sexting and any other number of subjects."

    Not even. Not in regard to patents and copyrights, at any rate.

    The government hasn't been "moving slowly" at all. It was changes made by the government within the last 2 decades that have CAUSED the problems. Both patents and copyrights worked just fine prior to that.

    (No doubt some people would argue with me about the "fine" part, but it's pretty easy to demonstrate that they worked BETTER than they do now, under the current, changed laws.)

  8. But, now they're watching you by popo · · Score: 3, Interesting

    Of course, now that the NSA and Germany's equivalent can reach deep into your private online data, perhaps they *will* know exactly how much Bitcoin you have, and exactly how much you sold.

    --
    ------ The best brain training is now totally free : )
    1. Re:But, now they're watching you by Immerman · · Score: 2

      Yes, but they'll only mention it if you do something uncouth like criticize the Glorious Leader

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    2. Re:But, now they're watching you by Vintermann · · Score: 2

      They don't have to, the block chain is public by design. You have to make great efforts to not link your identity to your bitcoin addresses - and if you at any time bought bitcoins at a public exchange, or used them to buy legal services (such as web hosting) the cat's out of the bag.

      --
      xkcd is not in the sudoers file. This incident will be reported.
  9. Excelent. by VortexCortex · · Score: 3, Insightful

    So, if one's bitcoins are considered "Private Money" and instead of a profit, I take a huge loss, but my state sanctioned currency is in abundance, then I can sum the two values and pay little to no taxes.

    I'll take it!

  10. Re:Why oh why oh why by Jeremi · · Score: 3, Insightful

    Do we have regular bitcoin stories everytime they sneeze. I guarantee there are Bitcoin PR people planting stories here and they are goaled on how many stories they get out.

    There's no need to invoke a conspiracy. The fact is that BitCoin is catnip to several common type of nerd -- the wannabe cypherpunks who like to see computers change the world, and the libertarians who want to see the centralized government control marginalized in favor of individuals. Not to mention the programmer nerds (like myself) who are simply impressed by BitCoin as a p2p software design that has managed to avoid catastrophic implosion (so far) despite the obvious monetary incentive for people to attack it.

    So yes, there are a lot of BitCoin stories on Slashdots, simply because many nerds find BitCoin interesting.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  11. The Bitcoin slimeball problem by Animats · · Score: 3, Insightful

    Bitcoin would be useful if it weren't such a slimeball magnet. The basic feature of Bitcoins is irrevocable unidirectional funds transfer between anonymous remote parties. This is the scammer's dream. Scammers don't have to worry too much about the marks coming after them with cops or baseball bats. So just about every financial scheme known has been tried in the tiny Bitcoin world in the last two years.

    Even the "legitimate" Bitcoin companies are flakes. Most of the "online wallet" companies turned out to be scams. Several of the "exchanges" turned out to be scams. The previous market leader, Mt. Gox, stopped paying out on US dollar withdrawals two months ago. (Whether they're broke, incompetent, or persecuted is a subject of active debate. They claim problems with their banking relationships that prevent withdrawals, but continue to accept deposits.)

    Bitcoin could have been a useful petty cash system for the Internet. If you could buy song downloads or MMORPG game items with it, it would be convenient and widely used. But that's not happening. You can buy WordPress hosted blog upgrades with Bitcoins, but that's about the most mainstream thing you can do.

  12. Re:Law too slow to adap to technology? by Errol+backfiring · · Score: 2, Interesting

    I suspect it helps that, while they depend on a novel mechanism for preventing duplication and double spending, BitCoins aren't really conceptually much different...

    There's your difference. According to Basel III, banks may spend each coin 19 times. With traceable money, a customer could ask his bank to show which coins were his. The entire Ponzi Scheme that our currency system is today could crumble if banks could all of a sudden be monitored and held responsible.

    --
    Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  13. Re:Law too slow to adap to technology? by fuzzyfuzzyfungus · · Score: 2

    "from the assorted oddball synthetic commodities that people (albeit generally not the general public) have been trading for years"

    It is true that doing fractional reserve banking with bitcoins would be more difficult (though I suspect that a bank interested in doing so could simply create a promissory note "Good for one bitcoin, but not any particular one, to be transferred to the designated wallet upon request", which could then be fractionally-reserved as far as they thought they could get away with it...); but that isn't really relevant to my point, which was just that applying rules for capital gains to bitcoins is no more difficult (and really probably a great deal easier, since bitcoins were designed by currency purists, rather than risk-crazed investment bankers) than applying them to all the various other weirdo assets that get traded.

    As a currency the built-in hostility to more or less any inflationary tendency is somewhat unusual; but that isn't a significant factor when assessing capital gains or losses from trading them.

  14. Other Income on tax return by sjbe · · Score: 2

    The question here is how the finance ministry would come to know of a person's Bitcoin holding as it is a decentralized currency with no governing body to keep count on the number of Bitcoins a person has.

    They might not know about it but that doesn't relieve the taxpayer of their legal obligations. If you get audited and it comes to light that you aren't declaring income then you can find yourself in deeeeeep trouble. They can send you to jail for tax evasion. I'm not familiar with how it works in Germany but in the US you would at minimum declare income from bitcoin related activities on line 21 of your 1040 form under Other Income. The legality or source of this income is irrelevant to whether you are required to declare it. If you mine bitcoins then you are generating income (you have acquired an asset with a market value hence it counts as income) and you would be required to declare it as such on your tax return.

  15. Just not useful or safe by sjbe · · Score: 4, Insightful

    Bitcoin could have been a useful petty cash system for the Internet.

    Not really. Despite the claims of proponents, bitcoin provides little tangible benefit over existing currencies in almost all circumstances. Bitcoin scratches an ideological itch for some geeks who have a poor grasp of economics and a worse grasp of risk. Bitcoin only is cheaper to use than existing currencies if you ignore the externalities, opportunity cost and financial risk. Outside of a few rare corner cases people have virtually nothing to gain by using bitcoin and stand to lose quite a lot. Bitcoin is at best an interesting (though flawed) academic exercise.