Clarifications on how gains from bitcoin transfers by individuals are taxed. A case-by-case analysis should be adopted.
Decisions discussed: CE April 26 2018, n° 417809, 418031, 418032, 418033
In this decision, the French “Conseil d’Etat” recognizes that gains from bitcoin transfers may be taxed as capital gains on movable assets.
This decision is groundbreaking in that it recognizes bitcoins as movable assets, and thus provides some answers to bitcoin holders whose gains had up to now been taxed as noncommercial gains or as industrial and commercial gains, depending on the frequency of these operations.
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