Post by account_disabled on Mar 12, 2024 4:56:00 GMT -5
Within operations involving cryptoactives such as digital tokens , as they can be recognized as securities by the Securities and Exchange Commission (CVM), under the terms of the article 2nd, IX, of Law No. 6,385/76. Despite the Revenue having clarified that cryptoassets are not considered securities under the current regulatory framework, the CVM clarifies, through a Circular Letter, that operations known as Initial Coin Offerings (ICOs) can be understood as public fundraising , in return for the investor being issued virtual assets, also known as tokens or coins.
Therefore, depending on the economic context of their issuance and the rights granted to investors, certain ICOs may be characterized as public offerings of securities, and, therefore, such virtual assets may fall within the broad definition of securities set out in section Belgium Phone Number Data IX of article 2, of Law no. 6,385/1976, subject to specific legislation and regulations [12] . It is worth mentioning that there are ICOs that are not under the jurisdiction of the CVM, as they are not configured as public offerings of securities.
Even in view of the aforementioned provisions regarding taxation on cryptoactives, the study of such a tool is still insufficient, so that it is not even known to categorize it with certainty regarding its legal nature, in order to provide adequate guidance within the scope. of tax law for all the functions he performs. The topic is controversial, making it necessary to analyze not only the fundamental theoretical assumptions, but also the factual scenario in which the use of virtual currencies is inserted, so that, given their social function, the legal nature that will adapt this digital asset is attributed.
Therefore, depending on the economic context of their issuance and the rights granted to investors, certain ICOs may be characterized as public offerings of securities, and, therefore, such virtual assets may fall within the broad definition of securities set out in section Belgium Phone Number Data IX of article 2, of Law no. 6,385/1976, subject to specific legislation and regulations [12] . It is worth mentioning that there are ICOs that are not under the jurisdiction of the CVM, as they are not configured as public offerings of securities.
Even in view of the aforementioned provisions regarding taxation on cryptoactives, the study of such a tool is still insufficient, so that it is not even known to categorize it with certainty regarding its legal nature, in order to provide adequate guidance within the scope. of tax law for all the functions he performs. The topic is controversial, making it necessary to analyze not only the fundamental theoretical assumptions, but also the factual scenario in which the use of virtual currencies is inserted, so that, given their social function, the legal nature that will adapt this digital asset is attributed.