大约两年前，《基础设施和就业法案》(IIJA) 通过了该法案，该法案将经纪商信息报告范围扩大到数字资产交易，并授权国税局 (IRS) 制定规则来实施该法规。上个月末，美国国税局期待已久的提案到来，它可能会扼杀美国的加密货币。
拟议的规则将要求新指定的经纪人报告数字资产的销售和交易。尽管该规则将利益相关者和矿工排除在报告要求之外，但该提案的广度将损害生态系统的所有部分。
通过扩大“数字资产”和“经纪人”的定义，该提案将吸引原本不属于这些税务报告义务范围的人员和项目。这些新经纪人将被要求收集用户的个人信息，包括他们的姓名、地址和纳税识别号，然后向他们提供1099 表格，以帮助计算经纪人帮助“促进”的数字资产销售的收益和损失。 ”
该提案引起了用户的许多担忧，特别是关于他们的隐私、安全和访问去中心化协议的能力。
最重要的是，该提案将为数字资产生态系统中的广泛参与者提出不可行的报告要求，并将导致项目关闭或转移到海外，从而抑制美国在区块链技术方面的创新。
事实上，由于报告要求的性质，如果不存在中心控制点，合规性是不可能的。这可能会对数字资产的去中心化使用产生灾难性后果，因为它会迫使中心化，在不存在的情况下创建中介机构，并使去中心化技术几乎不可能在美国获得或开发。
简而言之，该提案（如目前所写）标志着美国 DeFi 的终结，并显示了规则制定可能产生的灾难性的、深远的影响。
数字资产具有独特的特征，在应用税法时值得单独考虑
尽管美国国税局最终发布了其拟议的规则制定，但它是在《IIJA》通过近两年后才发布的。如果数字资产生态系统要在税务问题上保持清晰，就需要美国国税局提供及时且消息灵通的指导——而迄今为止，美国国税局尚未做到这一点。例如，7 月份，美国国税局 (IRS) 发布了指导意见，称质押奖励应在收到时作为总收入征税。然而，该指南没有考虑到质押的现实和复杂性。
美国国税局的质押指南依赖于对质押的过于简单化的描述，未能认识到质押可以采取的多种形式。例如，该指南没有告诉我们纳税人的质押奖励是否包括从其他持有者转移现有数字资产，或者奖励是否包括新铸造的数字资产。第一种情况下的税务处理可能与第二种情况下的税务处理有很大不同。此外，该指南并未考虑流动质押或委托质押。
该指南规定，质押奖励应在收到时作为总收入征税。相反，质押奖励应被视为纳税人创造的财产，因此应在出售时而不是收据时征税。一般来说，创造财产的纳税人并不在创造财产时实现收入，而是在出售财产时实现收入。例如，种植玉米的农民在出售玉米之前无需为其纳税，因为出售是实现收入的点。这同样适用于质押。
质押只是数字资产税收还有进一步明确空间的一个领域，但还有许多其他领域需要关注。不仅必须提供明确性，而且不能抑制数字资产的发展、创新和实用。数字资产具有独特的特征，在将税法应用于这一新兴领域时值得单独考虑。
如果有希望改善提议的规则和数字资产的税收待遇，业界必须向华盛顿明确传达美国国税局的数字资产税收议程不可行，必须予以修正。考虑提交对拟议规则的评论——财政部和国税局将在 10 月 30 日之前接受回复。
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