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Such additional information must be submitted by the exchange as part of the December monthly statement. A specific individual performs the following operations fictitious values :. Even with the guidelines of the RFB in its Questions and Answers, mentioned above, there are a number of unanswered questions, divided below into two categories:. The above doubts represent practical problems both in complying with the new declaration proposed by RFB precisely identifying the equivalent amount in reais of an operation and in fulfilling the obligations to complete the DIRPF and pay the due income tax.
An example of this is the issuance of the DARF tax payment form. If we happen to adopt the rule of capital gain in foreign currency, the code it is general rule or if considered foreign currency held in kind, which is unlikely.
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It seems inappropriate to require the presentation of information and to require taxpayers to comply with tax legislation without first fully clarifying how tax legislation should be obeyed. We have already mentioned above that the RFB has not clarified whether losses from operations with bitcoins and other crypto can be offset against subsequent gains. The RFB guidelines only deal with the taxation of capital gains, suggesting, without saying, that the losses cannot be compensated.
This is a relevant problem for the taxpayer, mainly due to the volatility of virtual currency quotes. The same problem applies today to financial assets abroad compared to financial assets in Brazil. The tax legislation allows, for stock exchange or over-the-counter market operations carried out in Brazil, that the individual subject only the net gain of the operations to taxation and take advantage of the losses, but it is silent for the same operations carried out abroad.
In this sense, we recommend reading our text on taxation of gains and income abroad, in which the difficulties of this legislation are dealt with in more detail.
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For individuals who live abroad, but are tax residents in Brazil and therefore affected by the new declaration, the eventual requirement for a digital certificate represents a relevant problem. The number of individuals with a digital certificate in Brazil is still relatively small, and we have no information that it can be obtained from a Brazilian consulate abroad. It would be recommended that the RFB does not, under any circumstances, require the digital certificate for transmission. The reasons that led RFB to create the declaration are valid and fair, and follow the international trend in view of the adoption of a new technology that imposes the need for some discipline.
The RFB created an obligation to declare transactions involving bitcoins and other crypto assets and imposed fines without having previously clarified the taxpayer about the subject of the tax. The main flaw here is that the RFB treats virtual currencies as if they were official currencies, and exchanges as if they were exchange institutions, even though the Central Bank expressly acknowledges that they are not. This becomes clearer when thinking about transactions involving bitcoins and other virtual currencies as if they were transactions for exchanging physical objects chairs or real estate.
As in all operations in which the parties do not directly exchange a currency between themselves, but exchange objects with each other, taxation is possible, but encounters difficulties. The fact that virtual currencies are digital, that is, they are not located in any country, adds complexity to the problem. It would be more advisable that, before imposing obligations, the RFB communicated with the Central Bank and the Securities and Exchange Commission CVM , each within its competence, and listened to the participants in this new market.
In addition, it would be up to the RFB to better detail how to correctly calculate the tax due, if it wishes to obtain tax compliance from the taxpayer and avoid tax evasion. In the absence of these precautions, in the coming years it is most likely to see numerous difficulties in the formation of this new market and the initiation of litigation on transactions in virtual currencies, as is already the case with so many other matters of tax legislation.
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How to declare Bitcoin and other cryptocurrencies in the income tax. What are bitcoins Bitcoin is a virtual currency, or cryptocurrency, used as an instrument for carrying out electronic transactions. Bitcoins in the view of the Central Bank and the RFB Thanks to the decentralization of records, virtual currencies exist without the need for monetary authority.
What Normative Instruction no. The exchange that carries out the transaction with crypto or the individual or legal entity resident in Brazil is obliged to comply with the obligation, as shown in the table below: Person required to declare: the cryptocurrency exchange domiciled for tax purposes in Brazil the individual or legal person residing or domiciled in Brazil Operations to declare: in the case of the crypto exchange domiciled for tax purposes in Brazil, the operations carried out by the exchange itself in the case of an individual or legal entity residing or domiciled in Brazil, transactions carried out on exchanges domiciled abroad; and those not made in exchange.
In addition to the information above, submitted to the RFB on a monthly basis, the crypto exchange domiciled in Brazil for tax purposes must submit annually, based on December 31 of the previous year, the following additional information regarding each user of its services: the balance of fiat currencies, in reais; the balance of each type of crypto, in units of the respective crypto; and the cost, in reais, of obtaining each type of cryptography, declared by the user of its services, if there is any.
Even with the guidelines of the RFB in its Questions and Answers, mentioned above, there are a number of unanswered questions, divided below into two categories: a Measurement difficulties how to accurately represent, in reais, the value of virtual currencies, as the RFB intends? The average of the quotes published by all exchanges in Brazil on the day, or just some? And when the transaction is carried out abroad and without the intermediation of an exchange, what can be considered as suitable information?
Quero investir 100 reais em bitcoin malaysia
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