As bitcoin continues to gain momentum in South Africa, taxpayers will need to prepare themselves for an increased probe into their cryptocurrency gains declarations. This is after the South African Revenue Service (SARS) confirmed that it will explain its position on the tax treatment for virtual currencies in early 2018 but SARS’ stand on digital currencies will not be published before the February Budget Speech.

Despite a price decrease in mid-December, bitcoin was still trading at more than 750 percent higher on than it was only one year ago. 2017 was essentially the year that bitcoin became mainstream as an investment, which has led to this incredible increase in value. However, as tax authorities have started to eye this development, taxpayers involved with cryptocurrencies could face a higher tax bill in 2018 if they have taken profits on their crypto asset investments in the past year.

SARS Interest in Tracking Digital Currencies

In mid-2017, the South African Reserve Bank (SARB) stated that they would test a regulatory framework for bitcoin and other virtual currencies. In December 2017, SARS would also show interest in working with SARB and top technology firms to research ways of tracking cryptocurrencies to have all investment profits from cryptocurrencies taxed in an effective manner.

To audit the money gained from cryptocurrencies in recent years, SARS will need close to two years to perform a detailed investigation. Any taxpayers that intentionally omits to declare their gains or profits will end up paying penalties of up to 200 percent and interest, said the Managing Director for Tax and Exchange Control at the Geneva Management Group, Ruaan van Eeden.

“The fact that SARS hopes to provide guidance on the tax treatment of cryptocurrencies soon, suggests that it plans to scrutinise this space much more carefully,” adds, CA(SA) and Senior Lecturer in the School of Accountancy at the University of the Witwatersrand, Asheer Jaywant Ram.

The South African tax authority finds itself under pressure to increase its tax collection efforts after the Medium-Term Budget Policy Statement (MTBPS) reported that the tax revenue was expected to drop by almost R51 billion short of the budget estimates of 2017. Attempts to establish free tertiary education and stabilise Eskom – the struggling power utility – is expected to increase pressure on the fiscus. Still, it is not clear whether there is an outstanding amount of money hidden in the crypto space and if so, how much.

“I think there is enough interest and there is enough scope for SARS to be looking into this space, but now the question becomes – because SARS is really under pressure to reduce that deficit – are they really going to accept taxpayers declaring their gains as capital gains tax or are they going to just say it is all revenue in nature?” asked Ram.

SARS’ Challenge

The main challenge SARS will face is explaining to taxpayers whether gains will be construed as income instead of capital. If they do not go with the latter, taxpayers will be forced to pay higher tax rates. While SARS might define gains are income, people might argue that their gain are capital gains depending on the facts. If gains are capital gains in nature, the capital gains tax would apply. However, if it is seen as income, the cryptocurrency price fluctuation gains will get taxed at the taxpayer’s marginal income tax rate.

“Those sorts of debates on the nature of bitcoin – I think those are coming – and I think it would be very interesting to actually see the outcome of those debates. The main challenge in trying to determine a bitcoin trader or investor’s tax liability is the question around the nature of the bitcoin,” said Ram.

Van Eeden remarked by saying that bitcoin’s obscure nature and how it functions creates uncertainty on its tax treatment. Moreover, there is lack of clarity on whether bitcoin is an asset or a currency as this varies from one jurisdiction to the other. As such, the different classifications have an immense implication for its taxation. While most jurisdictions see it as an asset, some – like Japan – see it as a currency and have categorised it as a legal payment method.

Is Bitcoin an Asset or a Currency?

A report by Robert Gad, Nicolette Smit, Megan McCormack, Jo-Paula Roman from the tax department at ENSafrica that considers South Africa’s position on bitcoin, states:

“Where bitcoin is used as consideration for the supply of goods or services, and it is determined that bitcoin may be viewed as an asset rather than currency for VAT, the trade would likely be akin to a barter transaction.”

“Where bitcoin is traded – i.e. bought and sold for cash – the VAT consequences for both parties would depend on a detailed analysis of the exact facts of each case. This would be of particular relevance to taxpayers that may exceed the VAT registration threshold through their bitcoin trades,” the report continues.

Businesses are expected to register for VAT if the total value of the taxable supplies in any twelve-month period is expected to surpass R1 million. Still, in jurisdictions that bitcoin is viewed as an asset – having VAT consequences when bought or sold using an enterprise – there are territories that exempt it from both their VAT as well as the Good and Services Tax (GST) rule.

A good example is in Australia where bitcoin is seen as an asset, but the Australian Tax Office has not levied any GST on the purchase and sale of cryptocurrencies since July 1, 2017, making it lack consistency since it remains a capital gains asset for tax purposes, noted Ram.

This shows the ostensible nature of bitcoin, which is seen as a currency and an asset at the same time. While there are doubts on whether the international jurisdictions will consent to a uniform measure when it comes to regulating bitcoin, the German Central Bank has already called for a global regulation regarding digital currencies.

As SARS is closing in on finalising tax regulations for bitcoin in South Africa, it will not only be the first country in Africa to do so but may also end up providing a tax framework that other African nations with large cryptocurrency communities could adopt.