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Dunamu Loses Lawsuit Seeking $19M in Corporate Tax Refunds After Venture Status Removal

Policy & Regulation·August 28, 2023, 7:28 AM

Dunamu, the operator of South Korea’s largest cryptocurrency exchange Upbit, lost a 24.8-billion-won (approximately $18.7 million) corporate tax lawsuit, according to local news outlet The Korea Economic Daily. This legal action emerged after Dunamu was removed from the list of registered venture firms in December 2018. The Seoul Administrative Court ruled that since Dunamu was no longer a venture, it was not eligible for the associated tax benefits.

Photo by Tingey Injury Law Firm on Unsplash

 

Losing venture status

In September 2017, Dunamu obtained certification as a venture company from the Ministry of SMEs and Startups. However, this certification was revoked in December of the following year. This revocation was due to an amendment to the Enforcement Decree of the Venture Businesses Act in October 2018, which resulted in the exclusion of “blockchain-based crypto asset trading and brokerage” from the venture business classification. Consequently, the withdrawal of this certification rendered the company ineligible for government tax incentives.

 

Tax refund request denied

In August 2020, Dunamu took action by formally requesting a refund of KRW 24.8 billion in taxes previously paid to the tax office. The foundation of its claim rested on its entitlement to venture company tax benefits up until the corporate tax period of 2018. However, its request was turned down, leading Dunamu to escalate the matter by initiating an administrative case against the tax authorities, following an unfavorable decision by the Korean Tax Tribunal.

Meanwhile, an amended version of the Act on Special Cases Concerning Taxation Restrictions, which excluded cryptocurrency-related industries from benefiting from tax reductions, went into effect in January 2019. Pointing to the effective date of this act, Dunamu argued that the company should be entitled to benefits applicable up until the corporate tax cycle of 2018. Furthermore, Dunamu highlighted its legal action, which had led the administrative court to suspend the effects of the venture company certification revocation from December 31, 2018, to January 18, 2019.

 

Court’s stance

Despite these arguments, the court rejected Dunamu’s argument and upheld that tax relief could not be granted for the tax year encompassing the date of the removal of its venture status. Additionally, the court affirmed that the tax authorities’ decision was valid since the venture status had been revoked in 2018, regardless of the amended Taxation Act’s implementation.

In disagreement with the court’s ruling, Dunamu has filed an appeal against the decision.

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Policy & Regulation·

Aug 16, 2023

Singapore Takes Lead in Regulating Stablecoins

Singapore Takes Lead in Regulating StablecoinsSingapore has taken a proactive step by finalizing regulations for stablecoins, solidifying its position as one of the first jurisdictions to do so on a global scale.The Monetary Authority of Singapore (MAS) has established a comprehensive framework that outlines essential prerequisites for stablecoin operations, according to an announcement made by the central bank on Monday.Key highlights include:Reserve Backing: Stablecoins must be backed by reserves consisting of low-risk and highly liquid assets. The value of these reserves should equal or surpass the circulating stablecoin value at all times.Prompt Redemption: Stablecoin issuers are mandated to return the par value of the digital currency to holders within five business days upon redemption requests.Transparency: Issuers must furnish users with “appropriate disclosures,” including audit outcomes of the backing reserves.These regulations will be applicable to stablecoins issued in Singapore that mirror the value of the Singapore dollar or any G10 currency, such as the US dollar. Stablecoins meeting all the requirements outlined by the regulations will receive recognition from the regulator as “MAS-regulated stablecoins.” This distinct categorization will differentiate them from tokens lacking regulation.Photo by CoinWire Japan on UnsplashKey roleWith a market valuation of approximately $125 billion, stablecoins have rapidly emerged as a significant force within the crypto space. Leading the pack are Tether’s USDT and Circle’s USDC, which together command around 90% of the market’s total value.Stablecoins play a key role in the crypto trading market. They allow traders to move in and out of various cryptocurrencies and back into fiat. However, despite their immense influence, stablecoins have largely remained unregulated across the globe. While their primary use has been in trading, stablecoin proponents assert their versatility in various applications, including remittances.Digital currency hubSingapore has been actively positioning itself as a hub for digital currencies, striving to attract foreign companies seeking refuge from the crypto industry’s apprehensions surrounding the current unwelcoming US regulatory approach.Despite their prevalence, stablecoin issuers have faced criticism regarding the transparency of their reserve holdings. Singapore’s regulatory measures aim to bring increased clarity to this sector.Ho Hern Shin, Deputy Managing Director of Financial Supervision at MAS, expressed that the framework’s purpose is to enable stablecoins to serve as a credible digital medium of exchange and bridge the gap between fiat and digital asset ecosystems.Positive industry responseLeading stablecoin firms, Tether and Circle, have applauded Singapore’s new regulations. Yam Ki Chan, Vice President of Strategy and Policy for APAC at Circle, stated that MAS is at the forefront of forward-looking regulators globally, establishing a transparent regulatory framework for stablecoins and digital assets. Paolo Ardoino, CTO of Tether, hailed the framework for providing a clear structure, accountability, and transparency in stablecoin operations within Singapore.The collapse of algorithmic stablecoin UST last year drew regulatory attention to this category of stablecoins. Unlike traditional stablecoins like USDT and USDC, UST was governed by an algorithm and lacked real-world assets as reserves.Singapore’s stablecoin regulations have placed it in a select group of jurisdictions pioneering such rules. Hong Kong is presently undergoing public consultation on stablecoins and plans to introduce regulations in the coming year.

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Policy & Regulation·

Aug 24, 2023

Thailand’s Incoming Prime Minister Signals Crypto Embrace

Thailand’s Incoming Prime Minister Signals Crypto EmbraceIn a recent parliamentary decision on August 22, real estate magnate Srettha Thavisin emerged as Thailand’s forthcoming Prime Minister. Thavisin, acclaimed for his prior role as the CEO of Sansiri — one of Thailand’s major real estate developers — has a history entwined with the cryptocurrency sector, hinting at potential ramifications for the nation’s crypto landscape.Photo by Markus Winkler on UnsplashParliamentary selection winThe appointment came under the banner of the Pheu Thai Party, with Thavisin securing 482 votes out of 747 in the parliamentary endorsement.Thavisin’s ascent to power could potentially herald a significant shift in Thailand’s approach to cryptocurrencies, leveraging his involvement with Sansiri’s foray into the digital asset domain. Departing from his role as Sansiri’s CEO in April, Thavisin relinquished his 4.4% stake in the company, setting the stage for him to pursue a career in politics.Crypto firm investmentSansiri, under Thavisin’s leadership, undertook active participation in the country’s digital asset arena. Notably, in 2021, the company participated in a substantial $225 million fundraising round for XSpring Capital, a crypto-friendly investment management firm. This strategic partnership paved the way for XSpring to launch a fully integrated cryptocurrency trading platform in 2022, with aspirations to establish a presence among the top crypto exchange companies by 2025.Thavisin’s impact on the crypto sector goes beyond investment. His company also introduced the “SiriHub Token” via XSpring in 2022, presenting a real estate-backed initial coin offering (ICO) that extended 240 million tokens to the public. This duality of involvement from crypto firm investment to token issuance, demonstrates that the new Thai premier has not been afraid to get involved with crypto innovation at an early stage.Crypto airdrop proposalIt appears that Thavisin’s affinity for cryptocurrency transcends corporate endeavors, as his political affiliation with the Pheu Thai Party, which he joined in November 2022, introduced a novel proposition. The party proposed disbursing 10,000 Thai baht (approximately $300) to citizens, executed through digital currency transactions. The synergy between his cryptocurrency background and this proposal raises questions about the potential influence of his past on Thailand’s future crypto policies.As Thavisin’s administration prepares to assume office by the end of September, the extent to which his crypto engagement shapes the nation’s policies remains a topic of speculation. However, the confluence of his real estate expertise and cryptocurrency ventures offers a unique blend of experiences that might foster innovative approaches.Notably, Thavisin’s journey isn’t the sole instance of Thailand’s government engaging with the crypto industry. Earlier in 2023, Thailand’s cabinet introduced tax breaks for companies issuing investment tokens. These measures, announced in March, aim to generate 128 billion baht ($3.7 billion) from investment token offerings over the next two years.Political importanceThavisin’s perceived embrace of cryptocurrency in Thailand comes at a time when crypto and blockchain innovation is being supported by political candidates in multiple jurisdictions. In the United States, the Republican Party is holding a debate on Wednesday between its eight candidates for the presidential nomination, with several of them being pro-crypto.On the Democratic Party side, Robert F. Kennedy is pro-bitcoin, having recently stated that bitcoin is an exercise in extending civil liberty. Meanwhile, in Argentina, Javier Milei, a libertarian pro-bitcoin candidate, topped the poll in the country’s recent presidential primary.

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Policy & Regulation·

Aug 26, 2023

Hong Kong Regulator Explores Tokenization to Transform Bond Market

Hong Kong Regulator Explores Tokenization to Transform Bond MarketThe Hong Kong Monetary Authority (HKMA), the local regulator within the Chinese autonomous territory, unveiled the outcomes of its Project Evergreen study on Friday. Within the report, it indicated an interest in harnessing tokenization in order to improve aspects of the bond market.Photo by Jimmy Chan on PexelsBond market impact assessmentIn this comprehensive report, the regulator delved into the intricate world of bond tokenization, offering an in-depth assessment of its potential impact on the market. The 24-page report covers a range of insights, spanning use cases and benefits to the challenges encountered during the study. The overarching sentiment emerging from the study paints tokenization as a compelling avenue for enhancing the bond market’s functionality.Eddie Yue, the Chief Executive of HKMA, emphasized that the study underscored the latent potential of integrating distributed ledger technology (DLT) into real capital market transactions, all within the framework of Hong Kong’s existing legal structure. In addition, the research revealed the prospect of DLT elevating efficiency, transparency, and liquidity within bond markets.Highlighting efficienciesThe report highlighted that the digital nature of tokenized bonds has the power to render paper certificates obsolete, ushering in an era of streamlined processes and diminished errors. Moreover, the study emphasized the capacity for various stakeholders to seamlessly interact via a shared DLT platform, fostering an environment of collaboration. Real-time data synchronization would ensure heightened transparency, a crucial factor in modern financial markets.Furthermore, the report identifies that a standout feature of tokenization lies in atomic delivery versus payment (DvP) settlements for bond transfers. This innovation serves to significantly expedite the settlement process while bolstering the case for end-to-end DLT adoption.That said, the report acknowledges the nascent state of bond tokenization. Yue emphasized that a plethora of challenges must be overcome before mass adoption becomes viable. The HKMA official underscored the necessity for regulatory frameworks to evolve alongside technology adoption.These insights arrive at a time when Hong Kong is carving its niche as a haven for crypto and decentralized finance endeavors. A multitude of enterprises are believed to be queuing up for a coveted Hong Kong crypto license, underscoring the city’s rising stature in the digital finance sphere.July saw Hong Kong’s announcement of a partnership with Saudi Arabia, focusing on tokenization and payments. Additionally, the HKMA is actively exploring the establishment of a regulatory framework for the digital Hong Kong dollar and stablecoins, heralding a commitment to the distributed ledger technology (DLT) application. An imminent seminar with industry stakeholders is planned, aimed at introducing DLT technology and fostering its adoption.Arthur Chan, HKMA Assistant Chief Executive, anticipates wider DLT integration, envisioning reduced settlement times for bond issuances and instantaneous settlement through tokenized cash and smart contracts. He acknowledges the evolving nature of DLT platforms, acknowledging the need for further research and development. However, Chan envisions a future where tokenization extends beyond bonds, potentially encompassing securities, real estate, and mortgage products.

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