Bitcoin: A Currency? A Money? Or A Property?
The Bitcoin has emerged as the leading cryptocurrency on the matter choice, ever since it came into being and started its domination. In the eyes and sight of the users of the Bitcoin, the definition of it as currency might be very crystal clears but when it comes to the legal definition of the Bitcoin, there is still a lack of clarity and distinctiveness.
One question come near across, does the identification and classification of the Bitcoin really matter? There are different and various jurisdictions treat the Bitcoin differently. The Bitcoin is a real and true global currency and it can be used in any part and regions of the world. In this certain type of circumstances and scenario, it is but natural that the different legal jurisdictions take different point of view of what exactly the Bitcoin is. The Bitcoin is not even deemed legal.
In some others and several people the Bitcoin is completely undefined; the others yet see the status and the state of the Bitcoin in flux and its volatility and some have completely given it a free hand. Then there is the matter of whether the Bitcoin is a money or a currency or even both of it.
Linking onto the curious case of Mr. Michell Espinoza, on the year 2014, 6th of February, Michell Espinoza was being arrested in a sting operation. Espinoza stayed and was kept for over 3 months in jail and was being charged with selling $1500 worth of Bitcoin to the detectives who claimed that he was illegally transmitting and laundering the money.
In the same year by now, which is 2016, last July the Miami-Dade judge ruled that the Bitcoin is not actually a money, and all charges against Michell were being dropped and thrown out.
The Miami Herald reported that the Judge Teresa Mary pooler in her ruling in the trial state that: “The court is not an expert and specialist in economics; however it is very clear and yet certain, even to someone with a limited knowledge in the area, that the Bitcoin has a long way to go through before it equivalent and equal to money.”
This certain judgment is not the only that clarifies the status and state of the Bitcoin in Miami, Florida but it will have broader and wider implications as well, and it also means that those of the people who were on the fence of about using the Bitcoin because of its status and state will be encouraged to use it.
Rene Palomino, Michell Espinoza’s lawyer, told the Miami Herald that, “At least it gives the Bitcoin community some guidance and advice that what my client did was not that illegal. What he basically did as well was to sell his own personal property. Michell Espinoza did not even violate the law, and it is plain and yet very simple.”
Onto the Bitcoin debate in the United States of America, there are different and various entities in the United States have treated the Bitcoin differently. The SEC believes and thinks of the Bitcoin as a security or money; The FinCEN in which is The Financial Crimes Enforcement Network treats the Bitcoin as a currency, while on the other hand, the IRS labels the Bitcoin as a property.
Attention catchy and yet interestingly it was the IRS’ definition and classification that Judge Pooler references in deciding the case of Michell Espinoza. How the legal authorities and the people who are in-charge ultimately classify and identify the digital assets like the Bitcoin will definitely shape the future of the cryptocurrency space and phase.
The way and the directions that the cryptocurrencies will be taxed and used of course will depend and be based on how they are viewed. The mass adoption and acceptance also requires the clarity on the part of the authorities to some extent and some part of it...
Read the full article here: https://xmlgold.eu/en/news/article/280