Japanese cabinet approves crypto tax reform

Remixpoint, a publicly listed Japanese company that develops and sells energy management systems, is adding 500 million yen, around $3.2 million, in Bitcoin to its corporate treasury.Photo by Traxer on UnsplashBitcoin buying motivationsThe firm outlined details of the planned purchase in a statement published on Nov. 25, following a meeting of the firm’s board of directors. Remixpoint justified its decision to purchase Bitcoin in light of widespread uptake by institutional investors of spot Bitcoin exchange-traded funds (ETFs) which were launched in the United States in January. It suggested that there had been an uptick in holdings of the leading digital asset by corporations. Remixpoint cited the increase in the Bitcoin unit price since the Bitcoin halving event earlier this year, together with a positive outlook for the asset following a presidential election victory by Donald Trump in the U.S., as motives for the company to come to the decision to purchase Bitcoin. However, this is not its first crypto purchase. The company first started to buy Bitcoin, as well as five other cryptocurrencies, in September, suggesting at the time that digital assets provided the company with a mechanism to diversify its holdings at a time when the value and buying power of the Japanese yen had been weakening.  Including its latest announcement, Remixpoint has worked up total crypto investments to the value of 3.5 billion yen. According to Japanese crypto media publication Coinpost, on Nov. 20 the company held 215.76 Bitcoin (BTC), 9,674 Solana (SOL) and 228 Ether (ETH), with the remainder of its crypto portfolio consisting of Avalanche (AVAX), Dogecoin (DOGE) and Ripple (XRP). Unrealized gainsThe company is understood to be sitting on unrealized gains of approximately 810 million yen, given that Bitcoin has appreciated in value by around 68% since the beginning of September, with all other cryptocurrencies within Remixpoint’s portfolio having experienced unit price increases during that period also.  In its latest statement, the company advised that while gains and losses related to its crypto portfolio had not been included within its latest consolidated earnings forecast, it will disclose any significant crypto gain or loss in the future if its deemed to have had a significant impact upon consolidated results. Bitcoin corporate treasury adoptionThe Japanese energy management firm has taken its place in a growing list of corporations that have put Bitcoin on their balance sheets in recent weeks. Earlier this week, it emerged that North American video streaming and cloud platform Rumble had made plans to allocate $20 million in excess cash reserves to the acquisition of Bitcoin. The following day, Jiva Technologies, a Canadian Securities Exchange (CSX)-listed online wellness community builder, approved a $1 million Bitcoin purchase for its treasury. Last week U.S. e-commerce platform LQR House approved the purchase of $1 million in Bitcoin as part of its treasury management strategy. Furthermore, the company committed to retaining up to $10 million in Bitcoin from crypto payments received via its CWSpirits.com platform. In the same week, AI-powered education company Genius Group established a Bitcoin treasury, acquiring 110 Bitcoin. In the same week, Cosmos Health, a Nasdaq-listed pharmaceutical company, announced that it was adding Bitcoin and Ethereum to its balance sheet as hedges against inflation and as a diversification mechanism.

Terraform Labs seeks summary judgment to dismiss SEC allegationsLawyers representing bankrupt Singaporean crypto firm Terraform Labs and its co-founder, Do Kwon, have requested a summary judgment from a New York judge in their legal battle against the United States’ Securities and Exchange Commission (SEC).If granted, such a dismissal could potentially spare them from a full-blown trial. In their motion, the legal team argued vehemently that they are innocent of the SEC’s allegations, maintaining that the regulator has failed to provide any compelling evidence of wrongdoing.Photo by Bermix Studio on UnsplashDefining a securityThe motion, which was filed last Friday in the U.S. District Court for the Southern District of New York, asserts that the implicated cryptocurrencies of Terra Classic (LUNC), TerraClassicUSD (USTC) and Mirror Protocol (MIR), together with its Mirrored assets (mAssets), are not securities as claimed by the SEC in its complaint.The heart of the matter revolves around the SEC’s assertion that Terraform Labs offered or sold securities, a claim vehemently denied by the defendants. The SEC initially brought the case in February, referencing algorithmic stablecoin TerraUSD, which famously collapsed in May 2022.Lawyers claim case is unsubstantiatedBoth Kwon and Terraform Labs’ attorneys argued that despite over two years of investigation, more than 20 depositions, and the exchange of a staggering two million pages of documents, the SEC’s case remains unsubstantiated.The SEC’s original complaint in February accused Kwon and Terraform of raising substantial sums from investors by offering and selling an inter-connected suite of crypto asset securities, many of which were unregistered transactions. SEC Chair Gary Gensler added that Terraform and Kwon had failed to provide investors with full disclosures, notably concerning LUNA and TerraUSD.A key element of the dispute centers on the SEC’s allegation that Kwon and Terraform moved millions of dollars into Swiss bank accounts for personal gain. According to the agency’s complaint, the company and Kwon transferred 10,000 bitcoins to a financial institution based in Switzerland. The legal team representing Kwon and Terraform vehemently denies this allegation, characterizing it as baseless and unfounded.Flawed stablecoin designAlgorithmic stablecoins, such as TerraUSD, operate using market incentives via algorithms to maintain a stable price. Terra was tied to Luna, a governance token, in an attempt to stabilize prices. Unfortunately, the collapse of TerraUSD in 2022 destroyed in excess of $40 billion in value held by investors. It also had a domino effect, leading to a series of other crypto platform collapses later in 2022.Judge Jed Rakoff, presiding over the case in the Southern District of New York, had previously denied an attempt by Terraform Labs and Kwon to have the case dismissed. This new motion for summary judgment represents their latest effort to put an end to the legal proceedings.In a separate but related action, lawyers representing Terraform Labs Co-Founder Daniel Shin asserted that Shin played no role in the collapse of TerraUSD. In a Seoul district court, they emphasized that Shin had nothing to do with the collapse despite being indicted in South Korea in April on various charges, including fraud.

Kyrgyzstani President Embraces Hydro-Powered Crypto MiningIn a move that signals the Republic of Kyrgyzstan’s growing interest in cryptocurrency mining, President Sadyr Japarov has given the green light to establish a crypto mining farm at a hydroelectric power plant within the Central Asian country.The ambitious project, set to be built at the Kambar-Ata-2 hydropower plant, has been allocated a budget of up to $20 million, as reported by Kyrgyzstan’s national news agency, Kabar, on Thursday.Photo by Collab Media on PexelsMore efficient use of powerThe primary motivation behind this endeavor is to address energy losses linked to non-utilized power from the Kambar-Ata-2 plant, which has been operational since 2010. According to President Japarov, approximately 6.8 billion kilowatt-hours (kWh) of energy have been wasted due to this issue. By harnessing the excess energy for cryptocurrency mining, the Kyrgyz government aims to optimize resource usage and bolster the country’s budget.President Japarov emphasized that the profits generated from the mining farm would directly benefit the people, particularly the power engineers who are responsible for the plant’s operations. He asserted that the earnings would be meticulously controlled and allocated, with complete automation and oversight.Energy grid challengesHowever, this recent decision appears to contradict the state of emergency announced by President Japarov in Kyrgyzstan’s energy sector on July 24. The emergency status, which will be in effect from August 1, 2023, until December 31, 2026, is attributed to climate challenges, insufficient water inflow into the Naryn River basin, and a lack of generating capacity due to escalating energy consumption.Despite these apparent contradictions, President Japarov affirmed that crypto mining at the hydro plant would be subject to the highest tariff in Kyrgyzstan, amounting to approximately 5 Kyrgyz soms ($0.057) per kW.As early as March 2022, Kyrgyz lawmaker Karim Khanjeza urged the government to legalize the cryptocurrency industry during a parliamentary committee meeting, citing the rapid expansion of the crypto space. Although Kyrgyzstan introduced some regulations for crypto exchanges in 2021, it has not yet enacted specific laws governing cryptocurrencies.The integration of hydro-powered crypto mining presents both opportunities and challenges for Kyrgyzstan. If executed strategically, the venture could harness underutilized energy to boost the national economy and provide benefits to the people.Learning from KazakhstanThat said, the Central Asian country would do well to pay heed to events that unfolded in neighboring Kazakhstan relative to crypto mining over the course of the last few years. Following a major crackdown on crypto mining activity in China, many miners upped and moved their operations to Kazakhstan. That sudden unplanned and unregulated upsurge destabilized the country’s power grid, forcing the government to crack down on mining. It has since regulated the activity in order to accommodate it without it having a detrimental effect on the energy grid.As developments unfold, Kyrgyzstan’s foray into cryptocurrency mining will undoubtedly be closely monitored by industry observers and stakeholders. President Japarov’s vision to distribute the earnings to ordinary citizens brings an element of promise to the project. Crypto mining can be a positive development for the country, leading to more efficient energy use, so long as the authorities plan accordingly.