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Legal Regulation Of Cryptocurrency Taxation in European Countries

Author

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  • Kateryna Solodan

    (PhD student of the Department of public law, Faculty of Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine)

Abstract

The features of legislation concerning taxation of cryptocurrency in different countries of Europe are analyzed in this article. The author uses the anthroposociocultural approach as the basis for the study of the problem. From the point of view of anthroposociocultural approach, the necessity of proper legal regulation of taxation of cryptocurrencies has been determined to ensure the realization of the human right to taxes. The legal regulation of taxation of cryptocurrency at the European level is analyzed. The author notices that there is still no unified approach to defining what cryptocurrencies are, and how countries can develop a common policy for taxing them. This is due partly to the anonymity of users, and partly to the ambition of virtual currencies to circumvent traditional financial institutions. The author specifies what taxes can cryptocurrencies be taxed by (tax on income, capital gains tax), analyzes European approaches to solving the problem of taxation of cryptocurrencies. The author notes that Eastern Europe states have more simple and attractive tax rates. The author of the article analyzes the European judicial practice in the field of taxation of IT activities, in particular cryptocurrencies, focuses on the practice of the European Court of Justice.

Suggested Citation

  • Kateryna Solodan, 2019. "Legal Regulation Of Cryptocurrency Taxation in European Countries," European Journal of Law and Public Administration, Editura LUMEN, vol. 6(1), pages 64-74, September.
  • Handle: RePEc:lum:ejlpa1:v:6:y:2019:i:1:p:64-74
    DOI: https://doi.org/10.18662/eljpa/64
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    Keywords

    Cryptocurrency; legal regulation of cryptocurrency taxation; legal regulation of taxation of IT-activities; human right to taxes.;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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