LEGAL REGULATION OF TAXATION OF CRYPTOCURRENCY TURNOVER: A COMPARATIVE LEGAL STUDY OF THE TAX AND LEGAL REGULATION OF THE FEDERAL REPUBLIC OF GERMANY AND THE RUSSIAN FEDERATION

The article discusses the features of the tax and legal regulation of cryptocurrencies in the Federal Republic of Germany and the Russian Federation. The article raises the problem of identifying gaps in the legal regulation of the Russian Federation in terms of regulating the taxation of cryptocurrency turnover in comparison with the legal regulation of cryptocurrency turnover in the Federal Republic of Germany. The objects that were identified by the author within the framework of this study are determined based on the analysis of the theoretical and practical experience of the Federal Republic of Germany in the tax and legal regulation of the turnover of cryptocurrencies. The study of the legislation of the Federal Republic of Germany in terms of regulation of cryptocurrencies is conducted. The study of bylaws of the Federal Republic of Germany in terms of regulation of cryptocurrency turnover is carried out. The positions of legal scholars of the Federal Republic of Germany on the problem of tax and legal regulation of cryptocurrency turnover are investigated. The experience of normative-legal regulation of cryptocurrency turnover in the Russian Federation is studied. As a result of the study, the author identifies three gaps in the legal regulation of cryptocurrency taxation in the Russian Federation, in comparison with the legal regulation of the Federal Republic of Germany. Thus, the legislation of the Russian Federation does not define the tax and legal regime of the procedure for the initial accrual of cryptocurrencies — “mining”, the procedure for distributing cryptocurrencies (tokens) for the purpose of advertising and attracting investment in the newly created cryptocurrency — Airdrop, and the procedure for updating the Blockchain system on the basis of which the cryptocurrency was created, as a result of which a new version of the cryptocurrency — Fork — is formed. The absence of tax and legal regulation during these procedures entails unjustified accrual of taxes. The listed procedures are technical features of cryptocurrencies and cannot be ignored by the legislator.

tax and legal regulation, taxation, cryptocurrency, blockchain, token, digital financial asset, digital currency, mining, Airdrop, Fork, Federal Republic of Germany, BaFin

Titorenko S. K. Legal regulation of taxation of cryptocurrency turnover: a comparative legal study of the tax and legal regulation of the Federal Republic of Germany and the Russian Federation. Business. Education. Law, 2022, no. 1, pp. 235—239. DOI: 10.25683/VOLBI.2022.58.159.