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The Urgent Need for Bitcoin Tax Reform to Encourage Everyday Use

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The debt based monetary system has become quite extreme. On one hand, the US crossed the $35 trillion national debt milestone, placing a $104k burden on every US citizen. On the other hand, the Congressional Budget Office (CBO) puts federal expenditures for 2024 at 24.2% of GDP.

This divergence between profligate spending and debt ballooning puts the economy on a narrow path. It is exceedingly unlikely that USG would opt to reduce spending, most of which goes to social programs, entitlements and the military. The latter alone is the key ingredient that backs USD as world currency.

Conversely, this entails another Fed balance sheet expansion, with three 0.25% rate cuts this year already priced in. In turn, non-currency assets like equities, gold and Bitcoin are poised for growth yet again. At the root of this dynamic is the question of information validity.

Just as the US Bureau of Labor Statistics is expected to revise down job figures by up to one million between April 2023 and March 2024, the information corruption is visible with central banking itself. If the Federal Reserve can increase M2 money supply by 27% in 2020-21, the money itself loses informational coherence.

It is this why investors then seek equities, gold and Bitcoin. These assets become vehicles of value because currency loses its ability to reliably relay value. The problem is, they are also taxed as a way to subdue the velocity of exiting the central banking system.

This is especially pertinent for Bitcoin, a unique asset that is both a store of value but could be made as a daily transaction driver. The question then poses itself, is a legalistic landscape viable in which low-value Bitcoin transactions are exempt from federal taxation?

Bitcoin’s Usage and Currency Substitution Suitability

To understand the regulatory path forward, we first need to understand how Bitcoin is typically used. After all, contrasting Bitcoin usage against fiat usage paints a clearer picture if Bitcoin can be used as a practical currency, or if it will be perceived as a threat to the current monetary system.

Notwithstanding layer 2 scaling solutions such as Lightning Network, the more BTC is used the greater is the load on the Bitcoin mainnet as miners process transaction blocks. In turn, greater network activity generates greater friction, manifesting as escalating fees for each BTC transaction.

In a developed country like Australia, cryptocurrency usage for payments has been typically minimal.

Image credit: Reserve Bank of Australia

This is predictable as people need strong incentives to move away from existing payment solutions, ones that are already instantaneous and convenient.

At best, BTC transactions mostly revolve around third-parties facilitating BTC transactions using fiat currency. Case in point, Bitcoin onramp platform Strike had to ditch Prime Trust custodian as it eventually filed for bankruptcy. However, Strike still uses banks such as Lead, Cross River Bank, and Customers Bank.

In other words, Bitcoin adoption is attached to online payment systems, through commercial banks which are tied to central banks. The latter have already made money de facto digital, except it is hosted on their ledgers.

Although these institutions can tamper with the money supply, they can do so to facilitate maximum liquidity needed for a debt-based monetary system in which fiat currency is effectively a debt-tracker.

In contrast, Bitcoin’s scarcity makes it less appealing for such use. Gold already showcased this when it was abandoned. Because gold’s supply was not flexible enough to support a growing (debt-based) economy, mainstream economists viewed the gold-backed currency as outdated.

Moreover, Bitcoin is ill-suited as a daily currency driver against feeless alternatives like Nano (XNO) that boast eco-friendly green hosting or potential CBDCs. Rather, Bitcoin’s strength relies on inviolable scarcity, one that serves as a global reserve settlement layer.

While both of these factors, network friction and flexible liquidity, are making Bitcoin less suitable as a proper medium of exchange, it also makes Bitcoin less threatening to the system. But does that mean that Bitcoin’s tax treatment should be tweaked?

The Impact of Current Tax Policies on Bitcoin Usage

On exchanges and platforms like aforementioned Strike, users can freely buy Bitcoin without worrying it will be a taxable event. It only becomes so when BTC is sold for profit. Then, it is subject to capital gains tax for trading.

That’s because the Internal Revenue Service (IRS) designates Bitcoin as property. If Bitcoin is held less than a year before it is sold, holders are subject to ordinary income tax rate ranging from 10% to 37%.

Holding Bitcoin over one year makes it subject to 0% – 20% tax rate, depending on the income level spread across three brackets – 0%, 15% and 20%. In turn, Bitcoin holders have to keep a track of when they bought BTC, at which price, and when they sold it, at which price. The profit difference is taxed as capital gains.

Likewise, swapping Bitcoin for another cryptocurrency is a taxable event, subject to capital gains tax. If BTC is received as payment/earnings, or from mining/staking/airdrops, it is then treated as wages income tax, falling into the 10% – 37% ordinary income tax range.

Alongside buying BTC, holding it or donating it to a registered non-profit, users can also transfer bitcoins from exchanges to wallets without constituting taxable events. Although BTC gifts can also pass as non-taxable upon reception, they would still be subject to the same tax regime later.

In the case of selling Bitcoin at a loss, holders could write it off, limited to $3,000 per year (carriable into next year if exceeded). At the moment, it is still possible to engage in Bitcoin tax-loss harvesting, in which holders can sell BTC at a loss to claim the tax break, and then buy it back.

Unfortunately, this leeway not enjoyed by shareholders could be terminated with the proposed Lummis-Gillibrand Responsible Financial Innovation Act, under Section 1091, “Loss from wash sales of specified assets”.

But even with that tax break still open, it is clear that Bitcoin’s unique nature is not reflected in IRS treatment. The tracking alone of every BTC transaction severely discourages daily use as the mere purchase of a pint of beer would require calculating initial BTC price to see whether it was at a loss or at a gain.

Likewise, merchants would have to hassle with the same tax regime because they technically received property, not money. Combined with the previously mentioned issues of friction and flexible liquidity, this puts an additional burden on mass Bitcoin adoption by incentivizing long-term holding.

Moreover, Bitcoin’s expansion into innovative financial products is impeded as well.

The Tax Burden on Bitcoin Derivatives

Although Bitcoin has become the least volatile cryptocurrency due to its large $1.2 trillion market cap, holders would still prefer to protect themselves against price fluctuations. Derivatives, such as options and futures, make this possible.

Additionally, Bitcoin’s price volatility creates opportunities for traders willing to bet if BTC price will go up (going long) or down (going short). This speculative market important for risk hedging and price discovery is also burdened by the current tax regime.

Once an options contract is exercised, or when it expires, it is subject to capital gains tax. Most traders will create trading alerts to signal the moment BTC price crosses a certain threshold. This helps traders to respond quickly as the loss or capital gain tax is calculated based on the difference between Bitcoin’s fair market value and the strike price. So, staying consistently updated on Bitcoin’s fair market value is a challenge.

Additional difficulty would be to calculate the fair market of another cryptocurrency if it was the vehicle for Bitcoin contract settlement.

But if the contract expires without buying BTC, the capital loss would be regarded as the paid premium for the contract. On the other end of the equation, sellers of Bitcoin options premiums would have to pay capital gains tax as well.

When it comes to futures contracts, 60% of gains/losses are taxed as long-term capital gains/losses, while 40% are taxed as short term capital gains/losses. This is irrespective of futures contract length.

While derivatives markets greatly enhance liquidity and trading volume, the current Bitcoin tax regime discourages broader participation.

The Virtual Currency Tax Fairness Act and Bitcoin

The year 2024 turned into a massive pileup of good news for Bitcoin, barely bothered by the German government’s BTC selloffs. The most recognizable cryptocurrency received an institutional blessing when the Securities and Commissions Exchange (SEC) approved 11 exchange-traded funds (ETFs), having climbed to $48.13 billion AuM as of August 20th.

Not only did Bitcoin ETFs exceed all expectations, but their success served as an endorsement ramp for two presidential candidates, Robert F. Kennedy Jr. and former President Donald Trump. Both endorsed the idea of a strategic Bitcoin reserve at the Nashville Bitcoin 2024 conference at the end of July.

Just at that time, senators Ted Budd (R-NC), Krysten Sinema (I-AZ), Cynthia Lummis ( R-WY) and Kirsten Gilibrand (D-NY) re-introduced bill S.4808, the Virtual Currency Tax Fairness Act.

As the bill’s title implies, cryptocurrencies would receive the same tax treatment that is currently reserved for foreign currencies.

Meaning, under the value of $200, cryptocurrency transactions would only be subject to regular sales tax. Although this is still behind El Salvador’s approach of having Bitcoin as legal tender, the bill would immediately lift the barrier for small item purchases in merchant locations.

Previously, one of the co-sponsors, Sen. Cynthia Lummis, noted she is “absolutely certain that Bitcoin will be among them…and perhaps dominant among them”, referring to a future world order based on a basket of global reserve currencies.

As of the latest campaign development, presidential candidate Kamala Harris is in favor of President Biden’s 44.6% capital gains tax, in addition to raising the corporate tax rate from 21% to 28%.

The Broader Implications for Bitcoin Adoption

Although to a lesser extent, recession is still on the table moving into 2025. If materialized, this will be another BTC price test, if its risk-off status will be light or heavy. But on the long-term horizon, the structure of mass democracy doesn’t allow for austerity.

And if austerity is not on the horizon, the ballooning of the Fed’s balance sheet is, inevitably eroding USD confidence. It is anyone’s guess if factions vying for power will allow Bitcoin to become a potential exit vehicle on that road.

Making BTC transactions under $200 subject to sales tax, instead of capital gains tax, would go a long way in further ingraining Bitcoin into the financial system. Considering that Blackrock’s IBIT has become the largest Bitcoin ETF, at $17.24B AuM, it is fair to say that Bitcoin’s “threat” perception has been muted, if not abandoned.

Conclusion

Currently priced at above $60k per BTC, it is becoming increasingly clear that only a tiny micro minority will ever own more than 1 BTC. Accordingly, such a small population pool is unlikely to shake the proverbial central banking boat.

What is more likely to form is a parallel, hybrid system in which Bitcoin is both a commodity and a premium currency that is tracked. This is evidenced by the fact that even senators not explicitly anti-crypto want expansive cryptocurrency surveillance.

And Bitcoin’s transparent ledger is ideally suited for it. This is a positive development as privacy-oriented cryptocurrencies like Monero (XMR) have already been ousted from the largest exchange onramps.

Without those headwinds when sailing on a fiat ocean, Bitcoin is free to foster greater financial inclusivity and innovation despite the onramp/offramp barriers, including taxing an appreciating asset. The Virtual Currency Tax Fairness Act is paving the road, but it is likely to receive more tweaks. Specifically, it is yet not clear how transactions amounting to $200 are aggregated. 

This is a guest post by Shane Neagle. Opinions expressed are entirely their own and do not necessarily reflect those of BTC Inc or Bitcoin Magazine.



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Fractal Bitcoin

Fractal Bitcoin: A Misleading Affinity

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Fractal Bitcoin is a recently launched project that bills itself as “the only native scaling solution completely and instantly compatible with Bitcoin. In essence it is a merge mined system portraying itself as a second layer sidechain for Bitcoin, where multiple levels of “sidechains” can be stacked on top of each other. So think of a sidechain of the mainchain, a sidechain of the sidechain, a sidechain of the sidechain of the sidechain, etc. It is not.

Shitcoins Are Not Second Layers

Firstly, the entire system is built around a new native token, Fractal Bitcoin, that is issued completely independent of Bitcoin. It even comes with a massive pre-mine of 50% of the supply being split between an “ecosystem treasury”, a pre-sale, advisors, grants for the community, and developers. This is essentially the equivalent of the entire first halving period of Bitcoin when the block subsidy was 50 BTC per block. From here the network jumps to 25 Fractal Bitcoin (FB) per block.

Secondly, there is no peg mechanism for moving actual bitcoin into the “sidechain.” Yes, you read that correctly. They are framing themselves as a sidechain/layer two, but there is no actual mechanism to move your bitcoin back and forth between the mainchain and “the sidechain” Fractal Bitcoin. It is a completely independent system with no actual ability to move funds back and forth. One of the core aspects of a sidechain is the ability to peg, or “lock,” your bitcoin from the mainchain and move it into a sidechain system so that you can make use of it there, eventually moving those funds back to the mainchain.

Fractal Bitcoin has no such mechanism, and not only that, the discussion around the topic in their “technical litepaper” is completely incoherent. They discuss Discreet Log Contracts (DLCs) as a mechanism for “bridging” between different levels of Fractal sidechains. DLCs are not a suitable mechanism for a peg at all. DLCs function by pre-defining where coins will be sent based on a signature from an oracle or a set of oracles expected at a given time. They are used for gambling, financial products such as derivatives, etc. between two parties. DLCs are not designed to allow funds to be sent to any arbitrary place based on the outcome of the contract, they are designed to allocate funds to one of two participants, or proportionally to each participant, based on the outcome of some contract or event that an oracle signs off on.

This is not suitable for a sidechain or other system peg, which is ideally architected to allow any current owner of coins in the sidechain or second layer system to freely send coins to any destination they choose so long as they have valid control over them on the other system. So not only is there no functional peg mechanism for the live system, but their hand waving about potential designs for one in their litepaper is just completely incoherent.

The whole “design” is a clown show designed to pump bags for pre-mine holders.

“Cadence” Mining

Another troubling aspect of the system is its variation on merge mining, Cadence mining. The network utilizes SHA256 as the hashing algorithm, and it does support conventional Namecoin style merge mining. But there is a catch. Only one third of the blocks produced on the network are capable of being produced by Bitcoin miners engaged in merge mining. The other two thirds must be mined conventionally by miners switching their hashrate entirely over to Fractal Bitcoin.

This is a poisonous incentive structure. It essentially tries to associate itself with the Bitcoin network calling itself a “merge mined system”, when in reality two thirds of the block production mandates turning hashrate away from securing the Bitcoin network and devoting it exclusively to securing Fractal Bitcoin. Most of the retard is not capturable by miners who continue mining Bitcoin, and the greater the value of FB the greater the incentive for Bitcoin miners to defect and begin mining it instead of bitcoin to increase the share of the FB reward they capture.

It essentially functions as an incentive distortion for Bitcoin miners proportional to the value of the overall system. It also offers no advantage in terms of security at all. By forcing this choice it guarantees that most of the network difficulty must remain low enough that whatever small portion of miners find it profitable to defect from Bitcoin to FB can mine blocks at the targeted 30 second block interval. Conventional merge mining would allow the entire mining network to contribute security without having to deal with the opportunity cost of not mining Bitcoin.

What’s The Point of This?

The ostensible point of the network is to facilitate things like DeFi and Ordinals, that consume large amounts of blockspace, by giving them a system to utilize other than the mainchain. The problem with this logic is the reason those systems are built on the mainchain in the first place is because people value the immutability and security that it provides. Nothing about the architecture of Fractal Bitcoin provides the same security guarantees.

Even if they did, there is no functional pegging mechanism at all to facilitate these assets from being interoperable between the mainchain and the Fractal Bitcoin chain. The entire system is a series of handwaves past important technical details to rush something to market that allows insiders to profit off of the pre-mine involved in the launch.

No peg mechanism, an incoherent “merge mining” scheme that not only creates a poisonous incentive distortion should it continue rising in value, but actually guarantees a lower level of proof of work security, and a bunch of buzzwords. It does have CAT active, but so do testnets in existence. So even the argument as a testing ground for things built using CAT is just incoherent and a half assed rationalization for a pre-mined token pump.

Calling this a sidechain, or a layer of Bitcoin, is beyond ridiculous. It’s a token scheme, pure and simple. 



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Opinion

The (Zero-Knowledge Proof) Singularity Is Near

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The broader impact of proof singularity extends beyond individual blockchain networks, as it paves the way for a more interconnected and scalable Web3 ecosystem. As ZK proofs become faster and more efficient, cross-chain communication and interoperability can be greatly improved, enabling seamless, secure interactions between various blockchain protocols. This could lead to a paradigm shift where data privacy and security are inherently built into the infrastructure, fostering trust and compliance in industries that require rigorous data protection standards, such as healthcare, finance, and supply chain management.



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Opinion

Bitcoin’s Future in Payments: Overcoming Stablecoin Dominance with Fiatless Fiat

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Stablecoins have so far dominated the crypto payment market, but some Bitcoin developers believe there’s a proposal out there that could offer a legitimate alternative. 

Seven years ago, Dorier, a long-time developer, set out to democratize bitcoin payment processing by launching a free and open-source alternative to the then-dominant BitPay: BTCPay Server. Today, despite the project’s strong grassroots success among Bitcoin enthusiasts and online merchants, the landscape of cryptocurrency payments has evolved dramatically from when Dorier first began his journey. The rise of stablecoins has quickly dominated the space, pushing bitcoin—the world’s largest digital asset—to the sidelines in the payment processing arena.

Fueled by growing demand for stable currency options, particularly US dollars, stablecoins have swiftly taken over the cryptocurrency payments market. This surge has left many Bitcoin enthusiasts struggling to cope with the reality that these dollar-pegged assets could reinforce the very system Bitcoin was designed to challenge—the hegemony of the US dollar. As stablecoins continue to gain traction, Bitcoin promoters find themselves at a crossroads, questioning how to preserve Bitcoin’s vision of financial sovereignty in a market increasingly leaning toward stability over decentralization.

A new proposal emerging from the Lightning ecosystem has caught Dorier’s attention, and the veteran developer believes it could address this obstacle. Speaking to a packed audience at BTCPay Server’s recent annual community gathering in Riga, Dorier introduced the concept of “fiatless fiat”—a Bitcoin-native alternative to treasury-backed stablecoins like Tether and USDC.

Synthetic USD

Back in 2015, BitMEX co-founder and then-CEO Arthur Hayes outlined in a blog post how to use futures contracts to create synthetic US dollars. Although this idea never gained widespread traction, it became a popular strategy among traders seeking to hedge against bitcoin’s volatility without having to sell their underlying bitcoin positions.

For readers less familiar with financial derivatives, a synthetic dollar (or synthetic position) can be created by two parties entering a contract to speculate on the price movement of an underlying asset—in this case, bitcoin. Essentially, by taking an opposite position to their bitcoin holdings in a futures contract, traders can protect themselves from price swings without having to sell their bitcoin or rely on a US dollar instrument.

More recently, services like Blink Wallet have adopted this concept through the Stablesats protocol. Stablesats allows users to peg a portion of their bitcoin balance to a fiat currency, such as the US dollar, without converting it into traditional currency. In this model, the wallet operator acts as a “dealer” by hedging the user’s pegged balance using futures contracts on centralized exchanges. The operator then tracks the respective liabilities, ensuring that the user’s pegged balance maintains its value relative to the chosen currency. (More detailed information about the mechanism can be found on the Stablesats website.)

Obviously, this setup comes with a significant trade-off. By using Stablesats or similar services, users effectively relinquish custody of their funds to the wallet operator. The operator must then manage the hedging process and maintain the necessary contracts to preserve the synthetic peg.

Stable channels and virtual balances

In Riga, Dorier pointed out that a similar effect can be achieved between two parties using a different type of contract: Lightning channels. The idea follows recent work from Bitcoin developer Tony Klaus on a mechanism called stable channels.

Instead of relying on centralized exchanges, stable channels connect users seeking to hedge their Bitcoin exposure with ‘stability providers’ over the Lightning network. A stable channel essentially functions as a shared Bitcoin balance, where funds are allocated according to the desired exposure of the ‘stability receiver.’ Leveraging Lightning’s rapid settlement capabilities, the balance can be continuously adjusted in response to price fluctuations, with sats shifting to either side of the channel as needed to maintain the agreed distribution.

Here’s a simple chart to illustrate what the fund’s breakdown may look like over time:

credit: Tony Klaus

Clearly, this strategy entails considerable risks. As illustrated above, stability providers taking leveraged long positions on the exchange are exposed to large downside price volatility. Moreover, once the reserves of these stability providers are exhausted, users aiming to lock in their dollar-denominated value will no longer be able to absorb further price declines. While those types of rapid drawdowns are increasingly rare, Bitcoin’s volatility is always unpredictable and it’s conceivable that stability providers may look to hedge their risks in different ways.

On the other hand, the structure of this construct allows participants’ exposure within the channel to be linked to any asset. Provided both parties independently agree on a price, this can facilitate the creation of virtual balances on Lightning, enabling users to gain synthetic exposure to a variety of traditional portfolio instruments, such as stocks and commodities, assuming these assets maintain sufficient liquidity. Researcher Dan Robinson originally proposed an elaborated version of this idea under the name Rainbow Network.

The good, the bad, the ugly

The concept of “fiatless fiat” and stable channels is compelling because of its simplicity. Unlike algorithmic stablecoins that rely on complex and unsustainable economic models involving exogenous assets, the Bitcoin Dollar, as envisioned by Dorier and others, is purely the result of a voluntary, self-custodial agreement between two parties.

This distinction is critical. Stablecoins usually involve a centralized governing body overseeing a global network, while a stable channel is a localized arrangement where risk is contained to the participants involved. Interestingly, it does not even have to rely on network effects: one user can choose to receive USD-equivalent payments from another, and subsequently shift the stability contract to a different provider at their discretion. Stability provision has the potential to become a staple service from various Lightning Service Provider types of entities competing and offering different rates.

This focus on local interactions helps mitigate systemic risk and fosters an environment more conducive to innovation, echoing the original end-to-end principles of the internet.

The protocol allows for a range of implementations and use cases, tailored to different user groups, while both stability providers and receivers maintain full control over their underlying bitcoin. No third party—not even an oracle—can confiscate a user’s funds. Although some existing stablecoins offer a degree of self-custody, they by contrast remain vulnerable to censorship, with operators able to blacklist addresses and effectively render associated funds worthless.

Unfortunately, this approach also inherits several challenges and limitations inherent to self-custodial systems. Building on Lightning and payment channels introduces online requirements, which have been cited as barriers to the widespread adoption of these technologies. Because stable channels monitor price fluctuations through regular and frequent settlements, any party going offline can disrupt the maintenance of the peg, leading to potential instability. In an article further detailing his thoughts on the idea, Dorier entertains various potential solutions to a party going offline, mainly insisting that re-establishing the peg of funds already allocated to a channel “is a cheap operation.”

Another potentially viable solution to the complex management of the peg involves the creation of ecash mints, which would issue stable notes to users and handle the channel relation with the stability provider. This approach already has real-world implementations and could see more rapid adoption due to its superior user experience. The obvious tradeoff is that custodial risks are reintroduced into a system designed to eliminate them. Still, proponents of ecash argue that its strong privacy and censorship-resistant properties make it a vastly superior alternative to popular stablecoins, which are prone to surveillance and control.

Beyond this, the complexity of the Lightning protocol and the inherent security challenges posed by keeping funds at risk in “hot” channels will need careful consideration when scaling operations.

Perhaps the most pressing challenge for this technology is the dynamic nature of the peg, which may attract noncooperative actors seeking to exploit short-term, erratic price movements. Referred to as the “free-option problem,” a malicious participant could cease honoring the peg, leaving their counterparties exposed to volatility and the burden of reestablishing a peg with another provider. In a post on the developer-focused Delving Bitcoin forum, stable channel developer Tony Klaus outlines several strategies to mitigate this issue, offering potential safeguards against these types of opportunistic behaviors.

While no silver bullet exists, the emergence of a market for stability providers could potentially foster reputable counterparties whose long-term business interests will outweigh the short-term gains of defrauding users. As competition increases, these providers will have strong incentives to maintain trust and reliability, creating a more robust and dependable ecosystem for users seeking stability in their transactions.

Concluding his presentation in Riga, Dorier acknowledged the novelty of this experiment but encouraged attendees to also consider its enticing potential.

“It’s very far-fetched, it’s a new idea. It’s a new type of money. You need new business models. You need new protocols and new infrastructure. It’s something more long-term, more forward-looking.”

Users and developers interested to learn or contribute to the technology can find more information on the website or through the public Telegram channel.



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