IDEAS home Printed from https://ideas.repec.org/a/vrs/bjeust/v10y2020i1p22-39n2.html
   My bibliography  Save this article

Cryptocurrencies: Some Remarks from the Perspective of Polish Employment and Tax Law

Author

Listed:
  • Tyc Aneta

    (The Faculty of Law and Administration, University of Łódź, Kopcinskiego 8/12, Łódź 90-232, Poland)

  • Siuciński Robert

    (The Faculty of Law and Administration, University of Łódź, Kopcinskiego 8/12, Łódź 90-232, Poland)

Abstract

In view of the fact that technological progress is in a constant state of change, current research efforts are directed towards blockchain technology and cryptocurrencies. Starting with the description of the way blockchain technology operates, the notions of decentralisation, proof-of-work consensus, and practical immutability are explained. Further, the article examines the possibility of using cryptocurrency in order to pay remuneration, realise partial non-cash payment of remuneration or grant an award to an employee. This article presents evidence that demonstrates that remuneration in the framework of the employment relationship in Poland cannot be paid in cryptocurrency, which contributes to the performance of the protective function of labour law. The article concludes that a collective labour agreement could include a clause allowing the employer to realise partial non-cash payment of remuneration in cryptocurrency. Similar provisions could be introduced in labour law, but the Polish legislator has never adopted such a measure. The authors highlight, however, that an award can be paid in cryptocurrency even in the full amount. Next, the authors research the new tax regulations in force in Poland since 1 January 2019 and explain why it is conceptually more convincing to classify revenues from cryptocurrency trading as revenues from money capital and revenues from capital gains than as property rights. The article presents a definition of the disposal for valuable consideration of a virtual currency. The purpose of this article is also to study how high is the income tax on income earned from the disposal for valuable consideration of virtual currencies. Moreover, an overview of the legislation related to tax-deductible expenses is provided. Finally, some reflections on the cryptocurrency trading in the context of the pursuit of an economic activity are given. The review especially highlights the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the judgment of the CJEU of 22 October 2015 (Skatteverket v. David Hedqvist [2015], case C-264/14), which has impacted the approach to the VAT problem in Poland.

Suggested Citation

  • Tyc Aneta & Siuciński Robert, 2020. "Cryptocurrencies: Some Remarks from the Perspective of Polish Employment and Tax Law," TalTech Journal of European Studies, Sciendo, vol. 10(1), pages 22-39, June.
  • Handle: RePEc:vrs:bjeust:v:10:y:2020:i:1:p:22-39:n:2
    DOI: 10.1515/bjes-2020-0002
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/bjes-2020-0002
    Download Restriction: no

    File URL: https://libkey.io/10.1515/bjes-2020-0002?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Léo Malherbe & Matthieu Montalban & Nicolas Bédu & Caroline Granier, 2019. "Cryptocurrencies and Blockchain: Opportunities and Limits of a New Monetary Regime," International Journal of Political Economy, Taylor & Francis Journals, vol. 48(2), pages 127-152, April.
    2. Léo Malherbe & Matthieu Montalban & Nicolas Bédu & Caroline Granier, 2019. "Cryptocurrencies and Blockchain: Opportunities and Limits of a New Monetary Regime," International Journal of Political Economy, Taylor & Francis Journals, vol. 48(2), pages 127-152, April.
    3. Damodaran Appukuttan Nair, 2019. "The bitcoin innovation, crypto currencies and the Leviathan," Innovation and Development, Taylor & Francis Journals, vol. 9(1), pages 85-103, January.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Aniruddha Dutta & Saket Kumar & Meheli Basu, 2020. "A Gated Recurrent Unit Approach to Bitcoin Price Prediction," JRFM, MDPI, vol. 13(2), pages 1-16, February.
    2. Dorfleitner, Gregor & Muck, Franziska & Scheckenbach, Isabel, 2021. "Blockchain applications for climate protection: A global empirical investigation," Renewable and Sustainable Energy Reviews, Elsevier, vol. 149(C).
    3. Ana Cristina O. Siqueira & Benson Honig & Sandra Mariano & Joysi Moraes, 2020. "A Commons Strategy for Promoting Entrepreneurship and Social Capital: Implications for Community Currencies, Cryptocurrencies, and Value Exchange," Journal of Business Ethics, Springer, vol. 166(4), pages 711-726, November.
    4. Teck Ming Tan & Jari Salo, 2023. "Ethical Marketing in the Blockchain-Based Sharing Economy: Theoretical Integration and Guiding Insights," Journal of Business Ethics, Springer, vol. 183(4), pages 1113-1140, April.
    5. Patel, Ritesh & Migliavacca, Milena & Oriani, Marco E., 2022. "Blockchain in banking and finance: A bibliometric review," Research in International Business and Finance, Elsevier, vol. 62(C).
    6. Cavallaro, Matteo & Mathieu, Alban, 2024. "Beyond the veil: Mapping cryptocurrencies' ecosystem," International Review of Financial Analysis, Elsevier, vol. 94(C).
    7. Pardis Roozkhosh & Alireza Pooya, 2024. "Dynamic Analysis of Bitcoin Price Under Market News and Sentiments and Government Support Policies," Computational Economics, Springer;Society for Computational Economics, vol. 64(2), pages 1163-1198, August.
    8. Thomas Marmefelt, 2024. "Central Bank Digital Currencies and International Crises: Toward an Authoritarian International Monetary Order?," Politics and Governance, Cogitatio Press, vol. 12.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:bjeust:v:10:y:2020:i:1:p:22-39:n:2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.