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Author: Lawyer Guo Zhihao
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1. The correct understanding of the tax collection of Shanghai taxation should be the correct understanding of the tax collection of virtual currency
On January 5, 2024, the Shanghai Taxation Bureau issued the article “Personal income tax business income and common misunderstandings” on its public account, stating that individuals need to pay personal income tax through online buying and selling virtual currencies.
This has also triggered heated discussions in the currency circle, such as: “Virtual currency is finally about to start taxation!”, “Virtual currency tax collection, may be faced with high delay fees”, “my country can only tax on legal obtains taxes on legal obtains. The country recognizes virtual currency “,” currency circle is about to be brilliant again! “
However, after careful review of the original text, Lawyer Guo found that the chives in the currency circle did have hot spots. Even if this hotspot was not the currency circle at all, they had to lead to themselves.
The original text of “Personal Income Tax Business and Classification Obtains Common Misunderstanding” contains a total of four common misunderstandings. Among them, one of the virtual currency is a misunderstanding three. The original text can be seen as follows:
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Although it looks like it really wants to tax on the virtual currency.However, the focus: The regulations cited here are a approval in 2008!Why does the currency circle take hot spots?Can the Bitcoin born in 2009 with the approval of 2008?
虽然国内的比特币和网络游戏的游戏币都在官方层面被统称为“虚拟货币”，但实际上基于区块链技术的虚拟货币，不论是底层逻辑、发行目的、价值体现，还是社会作用、Legal attributes and public cognition are different.And internationally, virtual currencies and ordinary game coins based on blockchain technology are not the same qualitative.
Secondly, the definition of the subject in the original “Approval” of this 2008 “Approval” is also “the virtual currency of the player through the Internet.” The point is “player”. According to the upper and lower words, it can also be seen that the virtual currency here is the game.Currency definition.
In the end, this article in Shanghai Taxation is only to remind the nature with a very daily “common misunderstanding”.Not official official documents.If you really want to tax virtual currency taxes, you wo n’t play such a child?Presumably, the editor of this article did not expect that it could still be caught by the currency circle, and the number of clicks has increased ~
2. The domestic taxation of virtual currencies is not far away
Although Lawyer Guo just analyzed that the taxation of Shanghai’s taxation to virtual currency was just a hot -top oolong incident in the currency circle.But it can also reflect the strong reflection of the currency circle for taxation.Because tax levy means not only to pay a not small (usually considered 20%) taxes, but also means that virtual currency will be officially recognized by the country.
Why do you say that?Everyone may not know that western countries such as the United States will not consider whether it is a legal income for taxation, and even smuggling drug trafficking must pay taxes first.After all, the government of capitalism basically depends on taxation.
However, unlike Western countries such as the United States, both my country’s mainstream views and practices in the theoretical and practical circles have agreed that “taxable income should be legitimate.”The meaning of translation means that illegal income is not under the tax bureau.Therefore, the taxation of virtual currencies means that at least the tax authorities have recognized the legitimacy of virtual currencies.
Return to the theme.Why is it not far from domestic taxation on virtual currencies?
In fact, within a few days after the release of the September 24th in 2021, the staff of the State Administration of Taxation and Lawyer Guo have discussed the feasibility of taxation for virtual currencies.Following in October, the magazine of the State Administration of Taxation, “China Tax”, published an article entitled “Tax Risk of Prevention of Virtual Currency” to test the reflection of all levels of society.
Followed by the beginning of 2022, tax authorities in some areas have begun to conduct inspection of personal income tax on large households in the currency circle.It lasts until 2023, and people are still audited by the tax authority.
In addition, whether it is the “Notice on Preventing the Risk of Bitcoin” by the Five ministries, or the “Announcement on the Risks of the Inspection of tokens” by the seven ministries, or the “Further Prevention and Disposal of Virtual Currency Transactions, the hype of virtual currency transactions”Notice of Risk” only denies the legal currency attributes of virtual currencies, and did not deny the property or product attributes of virtual currencies, and did not directly define it as illegal property.
Therefore, in theory, as long as the country is in a general direction, tax will be taxed at any time.And in the context of gradually acknowledging the legitimacy of virtual currencies and the severe tightening of the local regions, I believe that the arrival of this day will not be too far.
