Page 7 - Aequitas Europa
P. 7

6

        Skatteverket, the Swedish Tax Authority, imposed VAT on   of  money.  The  benefits  far  outweigh  the  negative  and
        bitcoin exchanges when the private                        power hoarders will always crackdown on new innovation
        defendant  voluntarily  requested  a  preliminary  decision   that takes away their control over the financial channels
        from the Swedish Revenue Law Commission to ascertain      and creates new ones that breaks mass dependency on
        his  tax  liabilities  in  that  regard.  The  SRLC  granted  the   banks  and  gives  the  consumer  true  financial  freedom
        exemption  but  the  Skatterveket  appealed  against  the   from the whim of rogue bankers with disruptive power
        decision. The European Court of Justice held that “those   themselves.
        transactions  are  exempt  from  VAT  under  the  provision   Painting old concerns on new tech that has exposed the
        concerning transactions relating to ‘currency’, bank notes   inefficiencies of the current system and collided head on
        and coins used as legal tender”. The recognition of Bitcoin   with  it.  Regulation  is  certainly  needed  to  ensure
        as a ‘financial service’ in accord to the EU VAT Directive   maximum compliance with EU standards on privacy but
                    12
        2006/112/CE  by the ECJ speaks volumes. The Swedish       should not pose limitations on people’s rights to lawfully
        Tax Authority still maintained that such exemption should   choose a new economy and a global currency to pay for
        not be granted under Article 135 of the Council Directive   goods and services where the current currency system is
                                               13
        on the Common System of Value Added Tax . This is the     increasingly  unsuitable,  unsustainable,  risky  and
        only Bitcoin case settled at ECJ level to date and shows   irresponsible.
        clear promise in reaching a fair regulatory standard on
        cryptocurrencies  which  may  encourage  more  market     Student:
        acceptance in the EU remit.
                                                                  A.D.

                                                                  13016747
        The EU is investing in blockchain technology but stepping
                                             14
        away  from  legitimizing  cryptocurrencies  due  to  their
        seismic characteristics they pose to the monetary system
        as addressed above. Signs of the fact are apparent where
        the EU has initiated an in-depth research that is exploring
        significantly  blockchain  tech  that  can  improve  several
        industries. After months of research, the EU launched its
        Blockchain  and  Observatory  Forum,  adequately  funded
        and aiming at implementing the technology in harmony
        with  EU  law  and  with  clear  governance  models.  22
        Member  States  have  signed  a  Declaration  on  the
        Establishment of an European Blockchain Partnership to
                                              15
        harness the benefits of this new network . We do not
        know what the future holds for the Union in relation to
        crypto-assets and their underlying tech, but this is surely
        a step in the right direction.

        Conclusion

        Strides  have  been  made  in  order  to  reach  a  common
        ground  where  the  EU  may  benefit  from  the  disruptive
        technology in harmony with its regulatory environment.
        The recognition upon the cost reduction in transactions,
        global outreach that can bank the unbanked throughout
        the  world  by  providing  financial  inclusion  are  broadly
        acknowledged across Member States but with extreme
        caution   and   in   absolute   fear   of   promoting
        cryptocurrencies as a viable, better and innovative form


        12  http://eur-                                           14  https://news.bitcoin.com/european-commission-loves-blockchains-
        lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:347:0001:0118:en:PD  transparency-except-doesnt/
        F                                                         15  https://ec.europa.eu/digital-single-market/en/news/european-countries-
        13  http://eur-lex.europa.eu/legal-                       join-blockchain-partnership
        content/EN/TXT/HTML/?uri=LEGISSUM:l31057&from=EN
   2   3   4   5   6   7   8   9   10   11   12