the point is for the loan receiver to give collateral to get the cash and then ..hint hint.
Franky1, I see exactly where you're coming from and if I thought the US government wouldn't figure out what was really happening, would let it slide, or otherwise wouldn't put the ol' kaybosh on it, it'd be a friggin' excellent idea. But when you're running a loan service and none of the borrowers are repaying you--and, most importantly, when it's a fiat<-->
BTC conversion--you'd better believe it isn't going to last for long. Not with the scrutiny crypto is under right now, and probably not even if it weren't.
when you use an CEX you relinquish your btc to get fiat
when you give yourself a 'personal loan' via some (buyer) person writing up the (swap) deal as a loan. (theres more finer details than this, im oversimplifying)
you again relinquish the BTC as collateral by purposefully defaulting to the (buyer) loaner on the day you receive the fiat.
loan vs exchange.. same end result. just treated differently for tax purposes..
your not suppose to have borrowers repay over time..
alot of people think btc=btc and dollar=dollar where all currency is fungible and treated the same.. its not
when you receive a gift/loan. no tax. but if you receive the same amount via other means its taxed differently
EG a retailer receiving fiat from customers is not paying cap gains. but corporation tax, sales tax.
an employee vs a sub-contractor receives funds under different tax codes
a treasurer of a trust/foundation receives different treatment compared to others
did you know that if you loan yourself (from your online persona) to your offline life.. your online persona can write-off the deal because you are both loaner and loanee. there wont be any conflict of anyone chasing you for repayments
many rich/elite transfer property/assets as collateral for loans. with no intent to make ongoing repayments. as long as there is no conflict between the parties to need to take it to court. there is no problem. so if you are on both sides of the deal on the paper. there is no conflict
you just have to learn the fine details to do the deal correctly
But yep, the wealthy can and do get away with tax evasion all the time. They've had that shit mastered since the beginning of taxation, I'd imagine.
avoidance not evasion
its not so much the wealth getting away with it. its more so that average joe minimum wage income dont pay much tax to see the worth in learning these techniques.. especially if they are on some national employer pay scheme that auto deducts tax before putting it into employees account. most people think they have no choice..or think its too much of an effort
however bitcoin open up the choice