Abstract
The article analyzes the legal classification of virtual currencies, in order to define how taxation should be carried out over transactions with these currencies. To do so, the study begins looking at the concept of currency for the Brazilian legal system, in order to determine if it is feasible to classify virtual currencies as currency. To assist in this classification, a brief analysis of the treatment given by Comparative Law, in particular the European Union regulations, is carried out. The study of the European experience is especially interesting since the European Court of Justice has already had the opportunity to decide, in Case C-264/14 - Hedqvist, on the legal classification of bitcoin, determining whether it should be charged a value added tax (VAT) on bitcoin purchases and sales. Based on the European experience and on the Brazilian legal concept of currency, one concludes that it is possible to consider, for purposes of tax incidence, that financial transactions with virtual currencies are similar to operations with foreign currency. The present study focuses on the classification of bitcoin and congeners for tax law, not aiming to study the regulatory impacts that may arise from this classification.
Keywords
Bitcoin; tax law; virtual coins; tax incidence