Tag: blockchain

Grayscale defeats SEC

In a long-anticipated, court case decision, Grayscale won its “Bitcoin ETF” case in a 3-0 vote among judges of the U.S. District Court of Appeals in D.C.

Read the transcript (PDF).

The Court did not mince words about the The Securities and Exchange Commission’s (SEC) efforts – or lack thereof –, “The Commission failed to adequately explain why it approved the listing of two bitcoin futures ETPs (Exchange-Traded Products) but not Grayscale’s proposed bitcoin ETP. In the absence of a coherent explanation, this unlike regulatory treatment of like products is unlawful,” according to CNBC. Read more.

The Commission had been trying to prevent the conversion of Grayscale’s Bitcoin Trust into a Bitcoin Exchange-Traded Fund (ETF). Bloomberg Intelligence analyst James Seyffart tweeted on X about the text from the decision saying, “This is a complete and utter rebuke of all the SEC’s spot Bitcoin ETF denial orders. There is no wiggle room — basically all of the SEC’s arguments are shot down here.”

Seyffart points out that next steps for the SEC and the Biden Administration is to continue to make efforts to scuttle any approval of a Bitcoin ETF by wrapping the SEC argument around custodial inadequacies. Read his Tweet thread.

more tips:

Opinion: The Real Reasons the Grayscale Bitcoin ETF Decision Matters – CoinDesk Continue reading “Grayscale Wins ETF Court Case Against SEC; Congress On Biden Administration Crypto Tax Rules”

crypto tax proposal

The U.S. Treasury delivered a new proposal for comment on Friday that could raise the bar for crypto business interests dealing in crypto. They’ll need to deliver tax reporting information to the consumer and the government.

The U.S. Treasury press release reads: “Under current law, taxpayers owe tax on gains and may be entitled to deduct losses on digital assets when sold, but for many taxpayers it is difficult and costly to calculate their gains. These proposed rules require brokers to provide a new Form 1099-DA to help taxpayers determine if they owe taxes, and would help taxpayers avoid having to make complicated calculations or pay digital asset tax preparation services in order to file their tax returns. These regulations align tax reporting on digital assets with tax reporting on other assets, and, as a result, avoid preferential treatment between different types of assets.” Read the release.

The new rules which would take effect for the 2025 tax year will be under a comment period until the end of October. The Biden-Harris Administration’s implementation of the bipartisan Infrastructure Investment and Jobs Act (IIJA) is used as the catalyst for the new rules as well as the need to address “tax cheats” and, on the other hand, the unique complexity consumers encounter with digital asset tax reporting.

The Wall Street Journal reports, “The long implementation timeline for the new rules means the government is giving up on some revenue in 2023 and 2024 while allowing exchanges time to build the required tax-compliance systems. Officials said they also want input from industry officials and investors; the rules ask for comment on 51 separate items.” Read the WSJ coverage.

crypto tax proposal – reaction

Continue reading “Crypto Taxes Come Into Focus With U.S. Treasury”

battling lobbies

Better Markets, which is run by former senior Democratic Hill staffer Dennis Kelleher, who is considered by some as one of D.C.’s most influential people, is attracting attention from the blockchain lobby in DC as a House floor vote on key digital assets legislation beckons this fall.

Back on July 11, in a letter addressed to Chair Patrick McHenry (R, NC) and Ranking Member Maxine Waters (D, CA) of the House Financial Services (HFS) Committee and Chair Glenn “GT” Thompson (R, PA) and Ranking Member David Scott (D, GA) of the House Agriculture Committee, Kelleher expressed a list of reservations about the digital asset market structure bill which eventually became “Financial Innovation and Technology (FIT) for the 21st Century Act.”

Kelleher concluded at the time about the makings of the bill, “Unfortunately, the Discussion Draft would seem to be creating new market structures that are not well-regulated if regulated at all.” Read the 9-page letter.

battling lobbies – response

Yesterday, the Chamber of Digital Commerce’s Cody Carbone, who is a former Republican Hill staffer, addressed a letter to the same list of HFS and House Ag leaders, and took issue with  Kelleher’s views including the involvement of the Commodity Futures Trading Commission in oversight of digital assets. Continue reading “Lobbies Collide Over Digital Assets Legislation; Central Banks Advise Emerging Markets”

Coinbase invests in Circle

Coinbase announced after markets closed yesterday that it had acquired a stake in Circle, which issues the stablecoin USDC. In a post on the Coinbase blog co-authored by Coinbase CEO Brian Armstrong and Circle CEO Jeremy Allaire, the two said, “The nature of the investment means that Coinbase and Circle will now have even greater strategic and economic alignment on the future of the financial system. Coinbase is committed to the long term success of the stablecoin ecosystem and USDC, specifically.” Read more.

The Wall Street Journal notes that Coinbase and Circle co-founded USDC in 2018 which included a “revenue sharing agreement on the interest income earned from reserves backing the stablecoin.”

The Centre Consortium, which was a consortium used for a form of self-governance of USDC, will now be disbanded due to “growing regulatory clarity for stablecoins in the U.S. and around the world,” said the CEOs.

Circle’s USDC had been under pressure from old (Tether) and new competitors (PayPal) alike and the new partnership with Coinbase will include the launch of “USDC on six new chains in the coming months to help increase adoption, although the company declined to provide specifics,” according to Fortune. Read more. Continue reading “Coinbase Invests In Circle; On Digital Assets Legislation In Congress This Fall”

Presidential crypto plan

According to Politico on Friday, conservative think tank The Heritage Foundation is putting together an “agency by agency” plan if a Republican were to take the White House in the next general election. It’s called “Project 2025” and includes plans for crypto.

Politico reports, “On crypto, the plan calls for the SEC and the CFTC to pursue something they’ve resisted for years: A joint rule defining when a digital asset will be regulated as a security or a commodity.” Heritage is not a fan of more regulation. Read more.

And, read more about Project 2025 which was originally announced in January on The Heritage Foundation’s website.

Crypto law professor Todd Phillips took issue with the plan’s crypto angle on X, “Why do they (Heritage) think a GOP SEC Chair will agree to anything other than the Howey Test? Also, that reg wouldn’t affect private suits, which are based on Howey.” Read the short Tweet thread on X. Continue reading “Heritage Foundation Discusses Project 2025 Crypto Plan; OpenSea On NFT Creator Fees”

CBDCs – Mastercard

Mastercard is continuing to evolve its corporate strategy and the world of Central Bank Digital Currencies (CBDCs) appears to clearly be a part of it as the company tries to stay ahead of whatever is next in payments.

Mastercard CEO Michael Miebach tweeted yesterday that his company is “partnering with several central banks to help them research new digital currencies projects. It starts with understanding what they want to achieve with this technology, then building in transparency, consumer privacy and stability.” In addition, Miebach names Ripple, Fireblocks and Consensys as part of “this new collaboration” for Mastercard’s “CBDC Partner Program.”

Miebach links to a Mastercard article which explains more details on his company’s plans titled: “Is safe the new sexy? CBDCs, trust and the evolution of money.”  The company quotes Jesse McWaters, who leads global regulatory advocacy at Mastercard, as saying that “there are many questions that central banks need to consider… This includes the role of the private sector in CBDC issuance, security, privacy and interoperability – such as how a CBDC works with other commonly used payment mechanisms, what specific challenges CBDCs would solve and whether they’re even the right tool for the job.”

more tips:

Central Bank Digital Currencies (CBDCs) – Mastercard Continue reading “CBDCs Attracting Mastercard’s Corporate Strategy; UK Implementation of Travel Rule Imminent”

Democrats fracture on stablecoins

Is there Democratic infighting on stablecoin legislation? Seems like it. According to Politico’s morning newsletter yesterday, Rep. Sean Casten (D, IL) said: “Without naming names, there are members who are historically very thoughtful – who aren’t just sort of reflexively pro-crypto – who were supporting this and not making really good arguments about it…” Read more. So, who specifically wasn’t making good arguments according to Rep. Casten? And why – according to Rep. Casten? He did not say apparently.

But on X, Consensys Senior Counsel Bill Hughes offered his thoughts on Casten’s accusation in a tweet, “The narrative is that the supporters of these bills – especially the Dem supporters – have somehow been bought by the BIG CRYPTO lobbying effort. Note the eye-wink quote ‘how can these thoughtful people get behind this.’ You’d hope they’d get more imaginative than this, but its all they got.”

Only five House Financial Services Democrats voted for the stablecoin legislation last month at the markup: Rep. Gregory Meeks (NY), Rep. Jim Himes (CT), Rep. Josh Gottheimer (NJ), Rep. Ritchie Torres (NY) and Rep. Wiley Nickel (NC).

It would not be surprising to hear at least one of five Democrats rebuke Casten in the days to come – particularly Rep. Himes and Rep. Torres who appear frustrated with their party’s digital assets stance. Continue reading “Democrats Fracture On Stablecoin Legislation; Coinbase Subsidiary Joins SRO”

Prometheum embers burn

House Republicans led by House Financial Services (HFS) Chair Patrick McHenry (R, NC) are continuing to keep the pressure on any parties associated with the approval of Prometheum’s Special Purpose Broker-Dealer (SPBD) license for digital asset securities. Two new letters (dated August 9) were released by the Chair and 22 (HFS) Republicans yesterday asking The Securities and Exchange Commission (SEC) Chair Gary Gensler (see SEC letter) and Financial Industry Regulatory Authority (FINRA) CEO Robert Cook (see FINRA letter) about how the SPBD approval process worked.

In a press release, the HFS Republicans explain, “The lawmakers are demanding transparency regarding the approval process for Prometheum and raising questions about the risks to national security posed by Prometheum’s reported ties to the Chinese Communist Party.” See the press release.

Prometheum embers – history

This isn’t the first letter the SEC and Chair Gensler has received about the Prometheum process from Republicans -which received added attention when Prometheum CEO Aaron Kaplan appeared as a Democratic witness at a House Financial Services hearing on June 13.

On July 10, a letter by Senator Tommy Tuberville (R, AL) and five House Republicans sent a Congressional letter to Attorney General Merrick Garland and SEC Chair Gensler – appointees of the Democratic Biden Administration – requesting an investigation into Prometheum and Kaplan, suggesting Kaplan may have perjured himself with his testimony in front of Congress regarding his company’s CCP affiliation.

Some Democrats haven’t been happy with the “Prometheum situation,” either. Continue reading “House Financial Services Republicans Demand Answers From SEC, FINRA On Prometheum”