In a significant ruling today, Denmark’s Supreme Court has declared that profits made from the sale of Bitcoin are subject to taxation. The ruling was delivered in two cases brought before the court and was handed down on March 30, 2023.
The cases, BS-32180/2021-HJR and BS-17439/2022-HJR, concerned two individuals, A and B, who had acquired Bitcoin through various means and later sold them at a profit. A had acquired Bitcoin through purchases and donations between 2011 and 2015, while B had acquired Bitcoin through mining between 2011 and 2013. Both individuals sold their Bitcoin at a profit in 2018.
The question before the court was whether the profits made from the sale of Bitcoin were subject to taxation. The court held that A’s purchase of Bitcoin was speculative in nature, and therefore the sale of Bitcoin was not tax-free under § 5, para. 1, letter a of the State Tax Act.
The court further held that A’s sale of donated Bitcoin and B’s sale of Bitcoin obtained through mining constituted revenue in their non-business activities. As such, the sale of Bitcoin was subject to tax under § 4, letter a of the State Tax Act.
This decision by the Supreme Court is significant, as it clarifies the tax status of Bitcoin profits in Denmark. Previously, there was some ambiguity regarding whether Bitcoin was subject to taxation in Denmark. The ruling makes it clear that profits made from the sale of Bitcoin are subject to taxation in the same way as other sources of income.
The decision will likely have an impact on those who hold Bitcoin and other cryptocurrencies in Denmark. It will be important for individuals to carefully consider the tax implications of buying and selling cryptocurrency, and to seek professional advice if necessary.
Overall, the ruling by Denmark’s Supreme Court represents an important step forward in clarifying the legal status of Bitcoin and other cryptocurrencies in Denmark. It provides much-needed guidance for individuals and businesses on the tax treatment of profits made from the sale of Bitcoin.
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