Sinagapore Recognizes Bitcoin and Gives Guidance

January 8, 2014 16:33 UTC

Singapore again leads the region into new technology.  In a press release today, David Moskowitz (owner of Coin Republic) explains that his company received very positive news from Singapore’s tax authorities (IRAS) pertaining to the guidance on handling “capital gains, earnings, and even GST (sales tax) on bitcoin exchanges and bitcoin related sales.”

“Singapore, January 8, 2014: While most governments are scratching their heads about how to handle Bitcoin, Singapore has once again shown its leadership in the region by letting Bitcoin businesses and merchants know how to handle taxation on transactions. ”

“The guidance which IRAS laid out is rational and well thought out. As a business owner I can clearly account for my earnings on Bitcoin trades for my clients and my own positions and pay the proper taxes”, says David Moskowitz from Coin Republic.

“Here’s a summary of what the IRAS has said:

    Income Tax Treatment

Companies which are in the business of buying and selling bitcoins will be taxed based on the gains from their sales of the bitcoins. On the other hand, if the bitcoins are part of the company’s investment portfolio acquired for long term investment purposes, the gains from the sales will be capital in nature and thus not taxable for the company.

    GST Treatment

The sale (including the exchange) of bitcoins in return for a consideration in money or in kind is a taxable supply of services subject to GST. If the seller is a GST-registered person, he would have to account for output tax on the sale of bitcoins made in the course or furtherance of his business.

Where bitcoins are accepted as payment for real goods or services (e.g. digitized items like online music), such transactions are treated as a barter exchange. GST should be accounted for on the individual supplies made (i.e. the supply of bitcoins and the supply of real goods or services) if the parties involved are GST-registered persons. However if the bitcoins are used to exchange for virtual goods or services within the virtual gaming world, as a concession, the supply of bitcoins will not be taxed until the bitcoins are exchanged for real monies, goods or services.

As bitcoin does not fall within the definition of ‘money’ or ‘currency’ under the GST Act, a supply of bitcoins is not a supply of money and would not be disregarded for GST purposes. The supply of bitcoins would be treated as a supply of services as it involves the granting of the interest in or right over the bitcoins.

The GST treatment of the supply of bitcoins will depend on whether the company is acting as an agent or principal in the transaction. If the company merely facilitates and is acting as an agent in the bitcoin trade (e.g. bitcoin exchange transfer bitcoins directly to the customer’s wallet), GST is chargeable only on the commission fees received. However if the company is acting as a principal in the bitcoin trade (e.g. buys and onward sells bitcoins to the customer), GST is chargeable on the full amount received, i.e. the sale of bitcoins and commission fees.

Under section 13(4) of the GST Act, a supply of services shall be treated as made in another country if the supplier belongs in that other country. In this case, if the company belongs outside Singapore (i.e. there is no business or fixed establishment in Singapore), the supply of bitcoins shall be treated as made outside Singapore. Accordingly, GST is not chargeable on the supply of services (i.e. bitcoins) made outside Singapore. ”

Some are concerned that there is a VAT related to the transactions.  Others argue that this is the “Trojan Horse” for Bitcoin in the region, if not the world.  Thoughts?

-TCA

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