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Education




                                                                That looks interesting on the one hand, but if you factor
                                                                in that you can create a new bitcoin wallet every few
                                                                seconds, you realize that it's not that easy to see anyone's
                                                                real balance. What is more, a wallet address is a code, such
                                                                as: 1BvBMSEYstWetqTFn5Au4m4GFg7xJaNVN2.
                          Legal ease:
                                                                It's actually quite hard to connect people to their virtual
                                                                currency wallets because wallets can be created and
                                                                operated without connecting any personal data to the
                                                                wallet. While this is illegal in some instances, it happens
                                                                often.
                                                                Is virtual currency legal?
        Is bitcoin the end                                      Yes, virtual currency is legal. Like other property (that is not

                                                                controlled), virtual currency can be owned by individuals
        of payments as we                                       for personal use  without excessively  complicated  legal
                                                                compliance.
        know them?                                              The IRS treats bitcoin like property and requires that
                                                                owners of bitcoin report gains or losses to the IRS.
        By Adam Atlas                                           Interestingly, of the likely many thousands of people who
                                                                own bitcoin in the United States, perhaps as little as 802
        Attorney at Law                                         have actually reported ownership of that asset to the IRS
                                                                (see "Only 802 people told the IRS about bitcoin – lawsuit,"
                 he up-and-down hype over virtual currency      by Jeff John Roberts, Fortune, March 19, 2017).
                 is officially on an upswing.  And bitcoin just
                 passed $2,000 in value per coin. It is perhaps a   The takeaway for readers is to keep track of your bitcoin
        T good time to revisit some legal issues pertain-       gains and losses so that you can accurately report them to
        ing  to  virtual  currency  ‒  with  the  ISO's  perspective  in   the IRS.
        mind. It's possible to write a stand-alone book on each of
        the topics in this article, so please note that the informa-  What are the legal issues with virtual currency?
        tion provided is a summary of key highlights only.      Legal issues associated with virtual currency are

        What is virtual currency?                               everywhere. The fact that virtual currency can facilitate
                                                                somewhat anonymous, instantaneous, free and even
        Virtual currency is a type of unregulated, digital money   international transactions for no fee means they have
        that is issued and sometimes controlled by its developers,   become part of the criminal landscape.
        and used and accepted among the members of a specific
        virtual community. The most well known virtual currency   Honest, law-abiding businesses starting out in the areas of
        is bitcoin.                                             virtual currency wallets, exchanges or trading platforms
                                                                must register with the U.S. Department of the Treasury
        Virtual currencies operate on a public ledger or on a private   Financial Crimes Enforcement Network (FinCEN), as
        ledger. In each case, the ledger refers to a master-record of   well as obtain up to 49 individual U.S. state licenses. This
        who owns how much of the currency. Where the ledger is   process takes years and can cost millions of dollars.
        public, anyone can see which virtual currency addresses
        have sent or received the virtual currency and in what   Setting up a national virtual currency business is similar to
        quantity. A private ledger, on the other hand, is usually   setting up a national money transmitter business. And the
        centrally controlled and private – as the name suggests.  endeavor requires a high level of technical sophistication.

        Think of virtual currency as banking in the cloud. If one or   What are the implications for ISOs?
        another computer is down, the balances of all depositors   Processing of U.S. dollars from credit and debit cards is not
        are still recorded in the cloud. It's also possible to transfer   going away anytime soon. (I, for one, certainly hope not).
        value from one bitcoin wallet to another within seconds,   Banks, regulators and the entire economy are too heavily
        and without material fees, to or from anywhere in the   invested in real currency (as opposed to virtual currency).
        world.
                                                                At least some ISOs' current merchant clients are accepting
        Bitcoin is a public-ledger distributed virtual currency. In   bitcoin as a form of payment right now. However small,
        plain English, that means anyone can see everyone else's   that processing volume is being deducted from the card
        (there  are millions of  accounts)  bitcoin  wallet  balance.


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