TAXATION OF CRYPTOCURRENCIES: INCIDENCE OF INCOME TAX

Abstract

Considering the growing importance of cryptocurrencies in the global financial landscape, it becomes necessary to discuss the taxation of these assets, which involve a wide range of complex operations. The decentralized nature and the lack of specific regulation make the task of taxation even more challenging. The general objective of this article is to discuss the taxation of income earned from cryptocurrencies in Brazil, with a focus on Income Tax and its Taxable Event. To achieve this objective, specific goals will be established: to analyze the current legislation, jurisprudence, and regulations of the Federal Revenue through specialized bibliographic research in Tax Law, with the intention of understanding the proper framework for the taxation of cryptocurrencies in the existing legislation. Thus, the study seeks to discuss the classification of cryptocurrencies from the perspective of Brazilian Tax Law in order to determine if it is possible to tax the capital gains arising from operations involving cryptocurrencies. In this regard, the methodology adopted will consist of in-depth bibliographic research, which will allow for an understanding of the different approaches and perspectives found in the specialized literature, aiming to identify the applicable legislation despite potential gaps. Subsequently, a critical analysis of the collected information will be carried out, considering the relevant legislation and jurisprudence. With this approach, it is intended to ensure the consistency and reliability of the results obtained, contributing to the evolution of the debate on the taxation of cryptocurrencies in Brazil, particularly concerning Income Tax and the applicability of the banking concept of cryptocurrencies in Tax Law.