Launchy Regulatory Roundup #20- IRS Requires DeFi Front-Ends to Report Digital Asset Transactions

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Welcome to our 20th edition of the regulatory roundup. If you know anybody who would benefit from this content, please help us spread the word!

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As DeFi disrupts TradFi norms, regulators are working to define its role within existing systems. The IRS’s move to classify DeFi front-ends as brokers underscores the tension between transparency and decentralization.

In today’s edition, we explore what this means for the future of DeFi.

In Today's Edition:

• Headline: IRS Requires DeFi Front-Ends to Report Digital Asset Transactions 🇺🇲 

• Global Legal Roundup: Singapore & HK Lead on Crypto Regulatory 🇸🇬 🇭🇰 

• Case Study: A Brief Guide on Crypto Tax Rules 🧮 

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HEADLINE

IRS Requires DeFi Front-Ends to Report Digital Asset Transactions

State of play: The US Internal Revenue Service (IRS) has issued final regulations requiring brokers to report digital asset transactions, classifying decentralized finance (DeFi) front-ends as brokers.

• The rules mandate these platforms to disclose gross proceeds and taxpayer information for cryptocurrency transactions, effective in 2027.

• DeFi front-ends facilitating digital asset exchanges, even through smart contracts, are included if they exhibit control over transactions.

• The regulations exclude wallet software providers and validation services but are expected to impact 650–875 DeFi brokers and up to 2.6M taxpayers.

• The IRS claims the rules align DeFi with existing brokerage standards for transparency and compliance.

• Industry leaders are urging Congress to overturn the regulations, calling them government overreach.

In response, the Blockchain Association and other advocacy groups have filed a lawsuit, challenging the rules as unconstitutional and a breach of the Administrative Procedure Act.

What’s Next: According to Alex Thorn, options for DeFi under these rules include compliance, blocking US users, or decentralizing further to avoid brokerage classification.

Why it Matters: Critics argue the rules infringe on privacy, threaten decentralization, and may push the US crypto industry offshore.

Our Take: While excluding wallet providers and validators offer some clarity, lawsuits alleging overreach highlight the industry's struggle to balance regulatory demands with preserving decentralization and competitiveness.

GLOBAL LEGAL ROUNDUP

America:

• 🇺🇲 Trump-linked Strive files for ‘Bitcoin Bond’ ETF.

• 🇺🇲 Montenegro justice minister approves Do Kwon’s extradition to US.

• 🇧🇷 Brazil’s self-custodial stablecoin ban to catalyze decentralization.

Europe:

• 🇪🇺 EU silence does not make USDT MiCA-compliant.

• 🇷🇺 Russia bans crypto mining for 6 years in 10 regions.

• 🇷🇺 Russia is free to use Bitcoin in foreign trade, says finance minister.

• 🇹🇷 Turkey introduces stricter crypto AML regulations.

APAC:

• 🇲🇾 Malaysia flags Atomic Wallet as unauthorized operation.

• 🇯🇵 Japan PM not ready to talk about Bitcoin national reserve.

• 🇸🇬 🇭🇰 Singapore and Hong Kong lead 2024 regulatory advances.

• 🇭🇰 Hong Kong stablecoins bill advances to the Legislative Council.

• 🇰🇷 South Korea sanctions 15 North Koreans for crypto heists and cyber theft.

CASE STUDY

A Brief Guide on Crypto Tax Rules in the US, UK and EU

Credits to The Block for the original article.

State of play: As tax authority scrutiny increases worldwide, proactive planning and understanding local laws are critical for compliance and effective investment management.

In the United States, the IRS classifies crypto as a capital asset, with taxable events such as selling, trading, or using crypto to purchase goods or services, while holding or gifting is non-taxable.

• Tax rates vary based on holding duration and income, with strategies like tax-loss harvesting and IRAs offering ways to minimize liabilities.

In the UK, HMRC treats crypto as an asset, applying capital gains tax (CGT) on disposals such as sales, exchanges, and gifting.

• Rates range from 10% for basic-rate taxpayers to 24% for higher earners, with a small annual exemption threshold.

• Mining and crypto received as payment are taxed as income, and gains from such activities are subsequently subject to CGT.

• Employers paying in crypto must account for National Insurance Contributions, adding another layer of compliance.

In the EU, taxation policies vary by country:

• Germany encourages long-term holding by exempting gains on crypto held for over a year, while short-term gains face high-income tax rates.

• Spain taxes gains as ordinary income, with rates up to 28%.

• Portugal has moved from leniency to stricter regulations, including a 28% capital gains tax and rates as high as 53% for income.

• Efforts like the MiCA regulation and tax transparency directives aim to harmonize EU rules by 2025, but tax rates and exemptions remain under local control.

Our Take: While the authorities aim to enhance transparency and compliance, their approaches reveal fundamental tensions between regulatory oversight and fostering innovation. Harmonization efforts like MiCA show promise but remain incomplete.

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NOTEWORTHY READS & MEME

• Coin Center’s read on new IRS broker rule.

• CryptoTaxGuy.ETH’s read on universal wallet reporting on crypto.

• Marissa Coppel’s summary on the lawsuit against the IRS’s broker rule.

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Disclaimer: All the information presented in this publication and its affiliates is strictly for educational purposes only. It should not be construed or taken as financial, legal, investment, or any other form of advice.