Cryptocurrencies are digital currencies that use the blockchain technology to record transactions and verify ownership. While the technology is rapidly developing and expanding, regulatory frameworks are still evolving to protect investors. Some jurisdictions are more receptive to cryptocurrencies than others, but all agree that legality and digital security should be the top concerns when deciding whether to invest in crypto.

Is Cryptocurrency Legal in the US?

The United States is one of the countries that allows its citizens to purchase and hold Bitcoin and other cryptocurrencies. However, laws governing the purchase and sale of crypto vary by state, as does federal regulation.

In the US, crypto exchanges and wallets are regulated by the Financial Crimes Enforcement Network (FinCEN). These businesses must register with FinCEN, implement an anti-money laundering and counter-terrorist financing program, and maintain appropriate records. In addition, they must comply with the Bank Secrecy Act and submit reports to the government on a regular basis.

Is Cryptocurrency Lawful in the State of California?

Generally, cryptocurrency exchanges do not need licenses in California. If they are selling cryptocurrencies for cash or transferring cryptocurrencies from one user to another, they may need a money transmitter license, which is governed by the Department of Financial Protection and Innovation.

Some exchanges are exempt from this requirement, while others need a license to operate. For example, Coinbase does not need a license to sell crypto in California, but it does need to register as a money services business under the California Consumer Protection and Financial Security Act.

Is Cryptocurrency a Commodity?

The Commodities Futures Trading Commission (CFTC) views Bitcoin as a commodity, which means that it can be traded like any other commodity. This is a more lenient approach than the Securities and Exchange Commission, which considers cryptocurrencies to be securities and regulates them according to federal law.

Is Cryptocurrency Taxed?

Some countries view cryptocurrencies as assets and therefore are subject to taxes. Some governments have made cryptocurrencies tax-free, while others apply the same rules as gold.

In some countries, such as Lithuania and Malta, cryptocurrencies are considered to be digital assets and are treated differently from traditional currencies, including the Argentine peso and the Marshall Islands SOV (Sovereign Overseas Vegetable Oil). They also allow the sale of digital tokens in return for goods and services without paying taxes on earnings.

Is Cryptocurrency Relatively Safe?

While cryptocurrencies are relatively safe to hold, they should be stored in a secure location and protected from potential hackers. This can be done by encrypting the coins with a password and using a strong encryption algorithm to protect against malware attacks.

Can I Get a BitLicense in My State?

In 2015, New York became the first state to regulate the use of cryptocurrencies. This required businesses to pass a BitLicense to mediate the purchase and sale of crypto, offer or store crypto custody, operate a crypto exchange, and provide other services related to cryptocurrencies.

While the regulation of cryptocurrencies is in its early stages, most jurisdictions are moving slowly to create a comprehensive set of laws that will govern them. This will take time, as governments need to know the nuances of how cryptocurrencies work and what is best for them. Fortunately, the technological characteristics of crypto make it an ideal asset class for estate planning. This can be a helpful tool for those who want to ensure that their heirs will receive their desired virtual currency, regardless of what happens to it.