Too everyone saying XSV may be in violation of Fincen regulations...
Crypto has been recognized as PROPERTY! Not currency.
Go spread your fud somewhere else.
Facts are not fud. You are obviously not very knowledgeable on the subject. You are referring to the IRS. That has nothing to do with FinCEN requirements. And according to the IRS, anyone redeeming XSV will be required to claim the value on their tax returns. Yeah that's going to work out real well.
This coin can't work because of the issues I have pointed out.
No FinCEN registration = In violation of Department of Treasury
Recipients required to claim value of property in federal tax filings
http://www.irs.gov/pub/irs-drop/n-14-21.pdfQ-1: How is virtual currency treated for federal tax purposes?
A-1:
For federal tax purposes, virtual currency is treated as property. General tax principles applicable to property transactions apply to transactions using virtual currency.
Q-3: Must a taxpayer who receives virtual currency as payment for goods or
services include in computing gross income the fair market value of the virtual
currency?
A-3: Yes. A taxpayer who receives virtual currency as payment for goods or services
must, in computing gross income, include the fair market value of the virtual currency,
This
could be construed as true if there was anything bought/sold. Might want to do your homework on regulations on
free giveaways or in other words "Donations" (Charities etc.).... Any sort of donation is
TAX FREE =)
I think scamexposer raised some interesting issues. I disagree with you that the maildrop is a donation but I don't think the IRS is concerned about a voucher for a basically worthless cryptocurrency. The FinCen issues are real however and could pose a significant problem with this coin going forward. They are doing this in the United States where laws are different from the other countries where drops have been done. The Bank Secrecy Act of 1970 has been amended several times and includes provisions in title III of the USA PATRIOT Act. The BSA is sometimes called the “Anti-money laundering” (AML) law. I would be very careful with anything that potentially falls under the US Patriot Act.
I did a quick search and found this:
Virtual Currency Users Not to Be Regulated This would be the recipients of the vouchers
FinCen has stated that virtual currency “users” will not be regulated.
A user is a person that obtains virtual currency to purchase goods or services. FinCen clarified that a user of virtual currency is not a money service business and not subject to registration, reporting, and recordkeeping regulations.
Virtual Currency Exchangers and Administrators to be Regulated This would be SiliconValley Coin
An exchanger is anyone who exchanges (as a business) virtual currency for real currency, funds, or other virtual currency. An administrator is a person issues (puts into circulation) a virtual currency as a business, and who has the authority to redeem (to withdraw from circulation) such virtual currency
Virtual Currency Exchangers and Administrators are “money transmitters” according to FinCEN. They fall under the BSA Act and must register with FinCEN and satisfy all reporting and recordkeeping requirments.
2. Centralized Virtual Currencies (eg. Second Life’s Linden Dollars)
The administrator of any centralized convertible virtual currency is a money transmitter. This is because it allows transfers of value between persons or from one location to another. In addition, any exchanger that uses its access to the convertible virtual currency services provided by the administrator to accept/transmit the convertible virtual currency on behalf of others, including transfers intended to pay a third party for virtual goods and services, is also a money transmitter.
Examples: An exchanger (acting as a “seller” of the convertible virtual currency) that accepts real currency or its equivalent from a user (the “purchaser”) and transmits the value of that real currency to fund the user’s convertible virtual currency account with the administrator. If the exchanger is providing the service of connecting the user to the administrator and the only services being provided are money transmission services and nothing else, then the exhanger is subject to regulation.
OR the de facto sale of convertible virtual currency. The exchanger accepts currency or its equivalent from a user and privately credits the user with an appropriate portion of the exchanger’s own convertible virtual currency held with the administrator of the repository. The exchanger then transmits that internally credited value to third parties at the user’s direction.