Steem and SteemDollars(SBD): Taxable or Non Taxable?
(Philippine Setting)
In this world nothing can be said to be certain, except death and taxes.”- Benjamin Franklin
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Many Filipinos from Luzon, Visayas, and Mindanao are now into Steeming. Greatly, steemit help a lot of Filipinos battle poverty in many ways, especially in financial terms. Others gained popularity and earn big rewards while others failed. As the popularity of steemit spread, more and more Filipinos join and earn big rewards and cash them out to help them in their everyday life struggle. Through steem they earn coins to trade into the coins market to accumulate income. And when there is income, questions arise. Is the reward from steemit, SBD and STEEM, subject to Philippine Tax? Are crypto income free from the burden of tax?
For us to better understand, we have to know the basics in Philippine Taxation and define legal terminologies.
Individual Income Tax
Persons are classified into:
1 Citizen
a. Resident Citizen – Taxable on all income within and without the Philippines
b. Non-resident Citizen – Taxable on all income within the Philippines
2. Alien
a. Resident Alien – Taxable on all income within the Philippines.
b. Non-resident Alien Engage in Trade or Business – Alien that resides for more than 180 days in the Philippines. Taxable on all income within the Philippines.
c. Non-resident Alien Not Engage in Trade or Business - Alien that resides for 180 days or less in the Philippines. Subject to final tax on all income derived from the Philippines.
This topic is only limited to Filipino Resident Citizen.
“Give back to Caesar what is Caesar’s and to God what is God’s.” -Mark 12:17
In taxation, income is the increase in wealth. If someone's wealth increases then that person derives an income, unless the contrary is proved. And if someone derives income then he must give the share of the government, unless the law exempts. But what if the income being earned is a cryptocurrency converted into Philippine peso? Will it be taxed?
Many argued that earnings from coins trading and steeming is tax free. They believe that there is no law regarding crytpocurrencies as of the moment. Moreover, there is no provision in the NIRC (tax code) regarding cryptos. It is as if the heavens are on their side. But let us look back again to the definition of resident citizen in the Tax Code. All income from and outside the Philippines are taxable. This is the general rule.
There are three categories in Individual Taxation where an income can be subjected.
- Regular Income Tax
- Final Tax
- Capital Gains Tax
When an income is subjected to final taxes then it can no more be subjected to the remaining two or else it will become a double taxation.
Which of these three will earnings from coins be subjected to?
Trading in Philippine Stocks Exchange is subject to Stock transaction tax, a final tax, but how about Trading in Bittrex or other coins exchange platform? What tax can the Philippine Government claim? Another is salary and business income of an individual is subject to a regular income tax. Again, how about income from steeming?
Tax exemptions are construed strictly against the taxpayer and liberally in favor of the taxing authority while tax laws are construed against the government and liberally in favor to the taxpayer. When it come to crypto income, surely there is no provision about it in the NIRC. But the one must prove that such income is also exempted (strictissimi juris).
As of now, there is no wide range crypto coins exchange platform in the Philippines. Coins.ph only offers BTC. Coins are traded in foreign exchanges making it hard for the PH government to extract final taxes like transaction taxes. Moreover, capital gains tax cannot be applied to it. So, if does not fall between the two then crypto income falls to the regular income tax.
Income within and without the Philippines are taxable as a resident citizen. And with regards to the coins that Filipino Resident Citizens earned must be taxed in accordance with the law. But the problem arises as taxes in the Philippines are self-assessing. People file and declare the amount of wealth they had and cryptos are assets so hard to trace. According to IRS (Internal Revenue Service of the US) Bitcoins and Altcoins are subjects of federal income.1 If the US declared it as a subject of federal taxes that is being strictly regulated to extract exact taxes sooner maybe the Philippines may declare it if there is such necessity. With the growing number of users of cryptocurrenices in the Philippines, one day cryptos will be regulated by government authorities to extract the proper taxes. Moreover the growing number of crypto users alarmed the Banko Sentral ng Pilipinas (Central Bank of the Pihilippines) that they planned to strictly regulate it as this new digital currencies can be an instrument of money laundering.
Do this answer some of your questions?
-Your Lovely Accountant Steemian-
Sources:
1https://cointelegraph.com/news/crypto-tax-tips-to-start-2018-right
2National Internal Revenue Code
just read the article. Knowing our government which takes years or even decade to update the law we'll somewhat tax-free transaction.
unless you are a good citizen of the nation taking part in nation building. yeah, you can declare it in Income Tax Return as part of additional Income since it hasn't been taxed yet :)
but for now, lets enjoy it hahaha.. We don't know what might happen tomorrow
good article thanks man!