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Like most countries, regulation of Bitcoin and other cryptocurrencies in the United States is a complex and evolving topic. The United States, with different state authority, has regulation that is changing across the country without legislation affecting the industry at a national level – making it important to stay updated with different regulation in your region.
The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury which enforces anti-money laundering (AML) and countering the financing of terrorism (CFT) regulations, has issued guidance stating that it considers Bitcoin ($BTC) and other cryptocurrencies to be a form of money transmitter and therefore subject to AML regulations. This means that cryptocurrency exchanges and other businesses that deal in virtual currencies must register with FinCEN and comply with AML regulations.
The U.S. Securities and Exchange Commission (SEC) has not classified Bitcoin as a security, despite having defined other cryptocurrencies as securities. The SEC has stated that Bitcoin and other certain cryptocurrencies function as a replacement for traditional currency are not securities, meaning they are not subject to federal securities laws. When it comes to other cryptocurrencies like initial coin offerings (ICOs), the SEC considers them to be securities, which are subject to federal securities laws. The SEC has said that whether a particular investment transaction involves a security – regardless if it is labeled as a “coin” or “token” – will depend on the facts and circumstances, including the economic realities of the transaction. The SEC has also issued investor alerts and bulletins to educate the public about the potential risks of investing in cryptocurrencies and ICOs, warning of potential fraud and other risks.
Crypto and Bitcoin tax in the US
When it comes to tax, in general, IRS considers Bitcoin and other cryptocurrencies to be property for tax purposes, which means that any transactions involving them are subject to capital gains tax. The IRS has issued guidelines stating that virtual currency transactions are taxable by law just like transactions in any other property, it also requires taxpayers to report income from Bitcoin trading and cryptocurrency transactions on their tax returns.
At the state level, different states have different regulations on virtual currencies. While there are no outright bans in the United States, some states have implemented licensing requirements for virtual currency businesses. For example, New York State has implemented the “BitLicense” framework, which requires virtual currency businesses operating in the state to obtain a license from the Department of Financial Services. On the other hand, some states like Arizona, have passed laws recognising virtual currencies as tender acceptable for payments, which allows Bitcoin to be used for tax payments.
While the regulation of Bitcoin and other cryptocurrencies in the United States is a complex and evolving topic, with different regulatory bodies and state laws involved, the industry is developing forward. If you are a trader or investor, it’s advised to keep track of the latest developments and consult with a legal professional to fully understand the potential risks and benefits of the cryptocurrency industry and Bitcoin as an asset.