I have been thinking about the following tax solution for cashing out bitcoins:
By cashing out I mean, you receive bitcoins to your address at a crypto exchange then transfering USD/EUR/whatever to your bank account in your name.
What determines the tax obligation here has nothing to do with the crypto itself, it is what the source of your income (the crypto payment) is. Under all OECD Double tax treaties there are types of income that are taxed in your country of residence (this is the majority) and types of income that are only taxed at the source country (this is the minority). So if you can find a country that imposes 0% tax on such an income you don't have to pay any taxes if you can prove you received the payment for that type of activity (The country has to have a double tax treaty with your country of residence, and the type of income has to be taxed at the source country according to the double tax treaty).
Now the only country I know of that has a lot of OECD double tax treaties and generally imposes 0% income tax is the United Arab Emirates. See list of 115 treaties here:
https://www.mof.gov.ae/en/StrategicPartnerships/DoubleTaxtionAgreements/Pages/DoubleTaxtion.aspx This covers most OECD countries, the entire EU, the US, Canada, a lot of asian countries etc.
According to all these treaties the only types of income that are only taxed in the UAE (at 0%) no matter that you live in the other country are:
- income from a 'permanent establishment/immovable property' in the UAE (for example you have a house/office/storage room there and you rent it out as a landlord). This is both logical to be so if you think about it and pretty straightforward.
- income that is defined as 'directors fees' from a company in the UAE. This one is a bit (potentially a lot) more complicated. Incorporating a company for this single purpose is very expensive in the UAE (everything is very expensive in the UAE) plus, your home country can always deem the company subject to local tax if the only director is a resident of your home country because of the 'effective place of management and control' rules in all DTAs. Plus if you are also the owner of the company, that is even worse as it can be classified as CFC. So this can get both complicated to implement and expensive if you don't already have a company there.
- income of 'sportsmen and artistes' performing in the UAE (for which you have to be able to show that you travelled to the UAE and show that you received payment from someone for performing as a sportsman or artist there). This one seems tough to pull off unless you are a well known sportsman or actor...
So I did some research on how the first type of income from renting out 'permanent establishment/immovable property' in the UAE would work:
- you would need to find something that is a permanent establishment/immovable property located in the UAE that you can rent for cheap from a UAE company with a contract that allows you to sublease it for profit. Pay for it with a bank transfer to be able to show the tax man as proof.
- if asked by the tax man or your bank when receiving the fiat currency payment to your bank account for source of funds you declare that you rented out/subleased the place in the UAE for profit.
- DONE. That profit is only taxable in the UAE. Where it is taxed at 0% income tax and is free of the 5% UAE VAT if the amount is below 375,000AED/year (which is roughly €90k/$100k). If that is not enough you can repeat the same thing for family members each year.
I have talked to an accountant in my country who has experience with international tax and she says that I am readig the double tax treaties right, renting out property in the UAE is only subject to tax in the UAE.
Any third opinions on this are welcome!