EU Court to Decide Bitcoin's VAT-Status Next WeekIn what could be a landmark case for Bitcoin in the EU, the European Court of Justice (ECJ) has announced that it will make its decision on the VAT-status of virtual currency exchanges next Thursday. The verdict, which is the climax of an originally Swedish court dispute, could have far-reaching implications for bitcoin users and companies in all 28 EU-member states.
In essence, the ECJ will decide whether bitcoin exchanges should be subject to VAT (Value Added Tax). Specifically, as requested by the Swedish high court, the ECJ will answer two questions:
“Is Article 2(1) of the VAT Directive to be interpreted as meaning that transactions in the form of what has been designated as the exchange of virtual currency for traditional currency and vice versa, which is effected for consideration added by the supplier when the exchange rates are determined, constitute the supply of a service effected for consideration?”
And:
“If the answer to the first question is in the affirmative, is Article135(1) to be interpreted as meaning that the above mentioned exchange transactions are tax exempt?”
Speaking to Bitcoin Magazine , Dutch fiscalist for law firm Baker & McKenzie and VAT-expert Roger van de Berg explained what the implications of the court ruling will be.
Van de Berg:
“Strictly speaking, the case is about bitcoin exchange services. It's not about bitcoin itself, it's not about bitcoin mining, it's not about paying with bitcoin, or anything else. The court will decide whether exchange services fall within the scope of VAT-based law – that's the first question. If the ECJ decides that bitcoin exchange services do in fact fall within this scope, the second question will answer whether a VAT exemption should apply.”
If the ECJ rules that a bitcoin exchange does fall within scope of VAT-based law, and also decides that a VAT exemption will not apply, it could mean two things. The most likely outcome is that bitcoin exchanges will be required to pay VAT over the spread; the difference in price of buying and selling bitcoin from which they profit. But another – less likely – outcome could be that the value of the sale itself is subject to VAT. Since VAT in different EU member states is anywhere between 15 and 27 percent – depending on the country – this would effectively mean that it would cost an additional 15 to 27 percent to purchase bitcoin.
But while the questions that are to be answered by the ECJ strictly speaking apply only to bitcoin exchangers, it is possible that the answers could have even more far-reaching implications as well.
“In order to answer the question regarding exchange services, the ECJ might reason that it first needs to assess what such an exchange is actually doing and how the underlying assets should be qualified,” Van de Berg explained. “As such, it might also investigate the VAT treatment of virtual currencies and thus decide whether or not bitcoin itself is subject to VAT. If that happens, we have a clear answer from the ECJ of where bitcoin stands for VAT purposes within the EU. This would then apply to all bitcoin-related activities, including mining, spending and more.”
Currently, different EU member states uphold their own VAT-laws regarding virtual currencies. Some charge VAT, others do not, and yet others have not taken in any official position so far. With the ruling next week, however, all national virtual currency-related VAT laws will be overruled by the ECJ, in effect creating a uniform fiscal policy for all of the EU. This decision will be binding to all EU member states, and can only be overturned if overruling law is made by the European Commission in Brussels.
https://bitcoinmagazine.com/articles/eu-court-to-decide-bitcoin-s-vat-status-next-week-1445013279The most likely outcome is that bitcoin exchanges will be required to pay VAT over the spread; the difference in price of buying and selling bitcoin from which they profit. This is fairly interesting, for an exchange like coinbase it would affect the price they have to charge for bitcoin to EU customers and if they are taking into account for a direct user to user exchange like poloniex that charges a static trade fee across the board.
“As such, it might also investigate the VAT treatment of virtual currencies and thus decide whether or not bitcoin itself is subject to VAT. If that happens, we have a clear answer from the ECJ of where bitcoin stands for VAT purposes within the EU. This would then apply to all bitcoin-related activities, including mining, spending and more.” I don't see how it could apply to mining with the heavy up front investment for long term gains.