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Topic: 2013-06-13 Latest from FinCEN - page 3. (Read 7030 times)

sr. member
Activity: 476
Merit: 250
June 15, 2013, 10:44:38 AM
#90
Voluntary compliance should be more than enough to satisfy them

We'll have to disagree on arbitrary authority ever being satisfied. I've never known it to happen.

Bitcoin under "voluntary compliance" (an oxymoron, btw) is like taking the best engine ever built and unplugging half of the sparkplugs from the distributor. It would decrease the value of the engine, as has happened with Bitcoin under voluntary compliance thus far.
hero member
Activity: 1138
Merit: 523
June 15, 2013, 08:43:41 AM
#89
Interesting read  Grin

http://www.fincen.gov/contactus.html

I wonder which one of those inquiry lines can provide clarification on what's what in relation to Bitcoin.
hero member
Activity: 504
Merit: 504
PGP OTC WOT: EB7FCE3D
June 15, 2013, 02:48:58 AM
#88
So when it says, "Those who are intermediaries in the transfer of virtual currencies from one person to
another person, or to another location, are money transmitters that must register with FinCEN as
MSBs, unless an exception applies" does this apply to miners? If so they are most definitely trying to kill bitcoin as the network security would be destroyed by such a regulation on miners.

it might be as well targeting everyone running a full node, validating and forwarding transactions in the p2p network. miners who do not listen to transaction broadcasts, do not store blockchain and do not validate transactions, just work in a pool, are not affected. pool operator however distributes mining reward and could be intermediaries. so, i would worry about pools and full nodes. pretty much the whole network.
legendary
Activity: 1449
Merit: 1001
June 15, 2013, 02:15:14 AM
#87
from the cover page...
Quote
UNITED STATES INSTITUTE OF PEACE
Sounds like 1984 all over again.

"The United States Institute of Peace (USIP) was established by Congress in 1984......."    Cheesy
donator
Activity: 1736
Merit: 1014
Let's talk governance, lipstick, and pigs.
June 14, 2013, 11:53:49 PM
#86
They know they could lose the store but I don't think they have anything to fear. I expect that the "REGULATE ME, PLEASE!" crowd will save them the worry and just hand Bitcoin over to them in their zeal to be compliant.
If this post were from a noob I would take exception. At this point I will scratch my head. My understanding is that it would take a major fork to hand over the keys to regulators. I don't see that happening. Voluntary compliance should be more than enough to satisfy them, especially if they offer monetary incentives to do so.
sr. member
Activity: 476
Merit: 250
June 14, 2013, 10:22:36 PM
#85
its all about the FIAT

Yepper. And Bitcoin's existence threatens the reputation of those that issue the fiat, unless they can control the price or the gain a significant share of the Bitcoin supply.

You glossed over the important part of the excerpt:

Quote
A change in views about the creditworthiness of these issuers (and the associated virtual exchange rate variability) would threaten to undermine the role of money in providing a single unit of account as a common financial denominator for the whole economy.

They know they could lose the store but I don't think they have anything to fear. I expect that the "REGULATE ME, PLEASE!" crowd will save them the worry and just hand Bitcoin over to them in their zeal to be compliant.
donator
Activity: 1736
Merit: 1014
Let's talk governance, lipstick, and pigs.
June 14, 2013, 09:01:46 PM
#84
I kinda wonder why there is any interest in bitcoin. With a market cap of only a billion, it wouldn't pay the catering for the conference.
sr. member
Activity: 448
Merit: 250
June 14, 2013, 08:12:56 PM
#83
Quote
However, I would like to close with a challenge to our great innovators: extend your focus to devising creative solutions for preventing the abuse of virtual currencies by criminals, such as those who would exploit children. We all stand to benefit from such innovation, and the related transparency and integrity to our financial system.

this is warspeak. The translation is:

Make us a proposal about the conditions of your surrender.

It means they expect us to implement a coin tainting system.

GOOD LUCK WITH THAT!  Grin
sr. member
Activity: 371
Merit: 250
June 14, 2013, 06:57:37 PM
#82
I suppose if you have built your world around the idea that the government is an evil institution who's secret plans are to get you, then you will read this as evidence of their scheming.
Here in the real world a document like this is a welcomed addition to the legal precedent. It is the most positive document I have yet seen from a regulatory body. You can all send FinCen a tip from the profit you are about to realize due to this.

If your problem is that any regulation is unwelcome, then stick to shitcoins. Under no legal scenario are you going to be able to make fiat money off bitcoin and not pay taxes. The moment you turn your BTC into $USD you are using THEIR money and must play by THEIR rules.  You can't have it both ways.

+1

with a few sentences they could have done much harm to the bitcoin price, which is in some critical phase anyway. and they know that. if they would want to destroy it anyway, there would be no need for this soft talk. they decided not to destroy/fight/harm it. that is a good sign. there is some protection/pro bitcoin lobbying going on already. maybe the governments actually welcome this new competitor to old-fashioned banking. bankers have lots of political power. sometimes it is not really clear who is the one with more power: bankers or politicians. politicians know that we know and that is emberrassing. if a competitor for the banking moloch is rising, it can be used by politicians as a tool to regain some influence. if there is a power you are struggling with, anything that weakens your opponent is welcome. the higher ranking a politician is the more strategic his views are. going after bitcoin only because some traditonal bankers say so would be a terrible strategy for anyone who feels the power of the bankers daily.

this does not mean that all the bankers hate bitcoin. most of them think in terms of profit. if they can profit with bitcoin they will do so. bookshops sell kindle devices. banks will sell/handle bitcoin. they will be happy to dig their own gaves as long as they get payed for...

+10
Great Post
legendary
Activity: 2338
Merit: 2106
June 14, 2013, 05:36:00 PM
#81

Now another question what if we never change to fiat and use the bitcoins to make purchases lets say for non-business related expenses?


Hey! Look over there! *quickly runs the other way*

heh. I'm not a lawyer or a tax accountant. What you are asking is uncharted territory. Gov.s aren't stupid. They are going to demand their piece of the action one way or another. Once enough people start using Bitcoins in their daily transactions the Gov. will notice and demand their taxes. It will probably take some time though. Perhaps the day will come when the Gov. will accept the taxes on the bitcoin portion of your income in bitcoins. Most likely though, they will factor in some average exchange rate like they do for capital gains made on multiple stock purchases all liquidated at once.

if you buy something and pay, the taxes are included. it doesn´t matter with what you pay. most people use money, but you could also try to pay with grandpa´s stamp collection. if the shop takes it - fine. only because you use bitcoin does not avoid any taxes at all. (in addition, the bitcoin may have been obtained with dollars you owned legally, therefore all taxes paid) the shop that receives an payment in bitcoin owes the same amount of taxes to the irs as an other for the same deal.
legendary
Activity: 4424
Merit: 4794
June 14, 2013, 05:22:53 PM
#80
What do you guys think about a business like mine, Coingig.com, we allow sellers to create a store and sell products to other users. We have an intermediary escrow system that keeps the bitcoin the buyer pays and we don't release it to the seller until the buyer has received their item.

Are we classified as a money transmitter? I would guess so, what are everyone's thoughts, what is the best way to work with FINCEN to remain open?

Any help is greatly appreciated.

your not a money transmitter. imagine you would only sell for dollars. that would look like a regular web shop. does a webshop need a banking license ? now you are adding other currencies. (maybe you should actually consider having your prices in some additional currencies). one of them is bitcoin. i don´t see how that would make you now a money transmitter. it is still plain e-commerce webshop. the escrow is a service, other webshops may have smiliar services. find a lawyer, get one or two expert opinions. i would not recommend asking them.  

great idea, nice website!

I would guess we are more of a money service I presume after reading through the last posts. You are right about being a plain webshop if you take out the bitcoin aspect, we won't be considered a money transmitter. The question comes into play when this webshop starts accepting other currencies unlike other webshops that just deal with their local one, in our case bitcoin, so although we are not a money transmitter we would maybe be considered a money service. Like you said the best is to get an expert advice from a lawyer for clarification.

Thank you for the feedback about the site and my question Smiley

laywers are limited in their knowledge. speak to the financial regulators of your country.
donator
Activity: 406
Merit: 252
Study the past, if you would divine the future.
June 14, 2013, 05:16:27 PM
#79
What do you guys think about a business like mine, Coingig.com, we allow sellers to create a store and sell products to other users. We have an intermediary escrow system that keeps the bitcoin the buyer pays and we don't release it to the seller until the buyer has received their item.

Are we classified as a money transmitter? I would guess so, what are everyone's thoughts, what is the best way to work with FINCEN to remain open?

Any help is greatly appreciated.

your not a money transmitter. imagine you would only sell for dollars. that would look like a regular web shop. does a webshop need a banking license ? now you are adding other currencies. (maybe you should actually consider having your prices in some additional currencies). one of them is bitcoin. i don´t see how that would make you now a money transmitter. it is still plain e-commerce webshop. the escrow is a service, other webshops may have smiliar services. find a lawyer, get one or two expert opinions. i would not recommend asking them.  

great idea, nice website!

I would guess we are more of a money service I presume after reading through the last posts. You are right about being a plain webshop if you take out the bitcoin aspect, we won't be considered a money transmitter. The question comes into play when this webshop starts accepting other currencies unlike other webshops that just deal with their local one, in our case bitcoin, so although we are not a money transmitter we would maybe be considered a money service. Like you said the best is to get an expert advice from a lawyer for clarification.

Thank you for the feedback about the site and my question Smiley
legendary
Activity: 2338
Merit: 2106
June 14, 2013, 05:11:10 PM
#78
What do you guys think about a business like mine, Coingig.com, we allow sellers to create a store and sell products to other users. We have an intermediary escrow system that keeps the bitcoin the buyer pays and we don't release it to the seller until the buyer has received their item.

Are we classified as a money transmitter? I would guess so, what are everyone's thoughts, what is the best way to work with FINCEN to remain open?

Any help is greatly appreciated.

your not a money transmitter. imagine you would only sell for dollars. that would look like a regular web shop. does a webshop need a banking license ? now you are adding other currencies. (maybe you should actually consider having your prices in some additional currencies). one of them is bitcoin. i don´t see how that would make you now a money transmitter. it is still plain e-commerce webshop. the escrow is a service, other webshops may have smiliar services. find a lawyer, get one or two expert opinions. i would not recommend asking them.  

great idea, nice website!
legendary
Activity: 4424
Merit: 4794
June 14, 2013, 05:00:28 PM
#77
Reading this I am still left wondering if an exchange is a money transmitter. Seems like it would be a money services business, but not necessarily a money transmitter.

simple answer logically
money= FIAT (finances insured and taxed by governments)
a money services business trades money for products and services . EG buying a bitcoin or a tin of baked beans.
a money transmitter puts and takes money from peoples bank accounts
sr. member
Activity: 332
Merit: 253
June 14, 2013, 04:43:12 PM
#76
Reading this I am still left wondering if an exchange is a money transmitter. Seems like it would be a money services business, but not necessarily a money transmitter.
legendary
Activity: 4424
Merit: 4794
June 14, 2013, 04:26:19 PM
#75
go to the source

The source is the European Central Bank.


Quote
Virtual currency schemes could lead to the emergence
of multiple units of account in the real economy. Virtual currency scheme owners could then be
tempted to issue excessive amounts in order to profit from the placement of these funds. A change
in views about the creditworthiness of these issuers (and the associated virtual exchange rate
variability) would threaten to undermine the role of money in providing a single unit of account as
a common financial denominator for the whole economy.

http://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf

"Would threaten" is Bankerese for "does threaten".

nice quote. which IN CONTEXT is about saying dumb naive FIAT exchanges saying this person should be credited wth 1 billion dollars/euros when in actual fact they only have $10, 10 euro to their name. causing the "value" of their single unit of account (FIAT) to go haywire affecting the whole FIAT economy.

causing for instance a liberty reserve dollar being worth more then a bank note dollar, which would be different Value then a bitstamp dollar, all because of the credibility of the FIAT exchanger manipulating the bank's accounting systems.

as you read the ECB report you see it does not care about second life (the game) which creates and trades lnden dollars. it only cares about the FIAT-linden exchangers. same as the other examples..

its all about the FIAT

sr. member
Activity: 476
Merit: 250
June 14, 2013, 04:18:12 PM
#74
go to the source

The source is the European Central Bank.


Quote
Virtual currency schemes could lead to the emergence
of multiple units of account in the real economy. Virtual currency scheme owners could then be
tempted to issue excessive amounts in order to profit from the placement of these funds. A change
in views about the creditworthiness of these issuers (and the associated virtual exchange rate
variability) would threaten to undermine the role of money in providing a single unit of account as
a common financial denominator for the whole economy.

http://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf

"Would threaten" is Bankerese for "does threaten".
legendary
Activity: 4424
Merit: 4794
June 14, 2013, 04:04:25 PM
#73
nah its not bitcoin causing negative impact... its the bankers of 2007 that done that, all by themselves

Bitcoin is a threat because banks can't manipulate its creation or distribution. They can only attempt to manipulate the price and try to surreptitiously keep as many bitcoins out of circulation as possible.

If Bitcoin wasn't a threat to banks, Fincen wouldn't be interested in Bitcoin.

bitcoin is not a threat because:

1) the banks only care about FIAT.
2) when you buy bitcoin you hand over FIAT to another person... its the same as buying a tin of baked beans.. money moves from one account to another. but essentialy stays within the financial system, which they love.
3) bitcoin can help banks. instead of polish, mexican, asian workers putting FIAT into envelopes to send to their birth countries. they will in the future buy a bitcoin locally (keeping FIAT in country) and allow the bitcoin move across borders.
4) as long as the gateways in and out of FIAT are secure. they dont care about other currencies.
5) as long as minimum wage laws exist the 99% population that work hourly wages will get paid in FIAT so bitcoin will not "take over" the world.. but may when more popular, work along side it.
6) fincen (america) is only as interested in bitcoin as interested in the EURO.

bitcoin has POTENTIAL of being a threat,

but right now the Yen and Euro concerns them more then anything. and these fincen meetings are not about BITCOIN par Say. they are about FIAT exchanges that don't obide by FIAT rules, which are now popping up due to naive teentrepreneurs.

instead of forming opinions based on chinese whispers of other people on the forum.. PLEASE go to the source, read the material properly. learn what the rules are the limits to their powers and read their concerns and you will see that bitcoin is not a threat. just the naive law breaking people that want to convert their illegal activities into FIAT.

the sponsors of the meeting : child exploitation charity, where their due to LIBERTY EXCHANGE (a FIAT exchange) but not due to bitpay, bitinstant, bitcoinQT, bitcoin mining...
donator
Activity: 406
Merit: 252
Study the past, if you would divine the future.
June 14, 2013, 03:40:24 PM
#72

Now another question what if we never change to fiat and use the bitcoins to make purchases lets say for non-business related expenses?

Sounds like your heading into a can of worms if taxes ever come into it. The wallet transactions save a lot of paperwork but it could be worth using separate wallets for different types of expenses and keeping an eye out for bitcoin based accounting software being development.


We are keeping very detailed records of all orders and expenses for the business so that should help us with any issues that we face when regulation starts to take place. Now that's a great idea, a bitcoin based accounting software would be amazing.
donator
Activity: 406
Merit: 252
Study the past, if you would divine the future.
June 14, 2013, 03:36:10 PM
#71

Now another question what if we never change to fiat and use the bitcoins to make purchases lets say for non-business related expenses?


Hey! Look over there! *quickly runs the other way*

heh. I'm not a lawyer or a tax accountant. What you are asking is uncharted territory. Gov.s aren't stupid. They are going to demand their piece of the action one way or another. Once enough people start using Bitcoins in their daily transactions the Gov. will notice and demand their taxes. It will probably take some time though. Perhaps the day will come when the Gov. will accept the taxes on the bitcoin portion of your income in bitcoins. Most likely though, they will factor in some average exchange rate like they do for capital gains made on multiple stock purchases all liquidated at once.

haha, yea I agree with what you're saying it does make sense and will most likely be awhile before they actually make it mandatory. I was just curious to see what people's thoughts were. Thank you again for the advice.
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