Cryptocurrencies

Legal Nature and Tax Effects

Abstract

The article deals with the legal classification of “virtual currencies” and the possibility or not of incurring ICMS, ISSQN or IR in transactions involving cryptocurrencies. Initially, the possibility of framing cryptocurrencies as currencies, financial assets or assets of patrimonial value was analyzed. The second part of this work, finally, focused on the analysis of the incidence of certain taxes on operations involving cryptocurrencies. The first one refers to the incidence of ISSQN on the mining of virtual currencies, then the incidence of ICMS on the purchase and sale of cryptocurrencies was analyzed, and, finally, it was verified the subjection of operations with cryptocurrencies to taxation by the IR.