This thesis starts by studying the definition of what may be considered a virtual asset or a crypto asset by pointing out its differences, furthermore, it aims to provide a comparative analysis of the tax regulations applicable to crypto assets in Col...
This thesis starts by studying the definition of what may be considered a virtual asset or a crypto asset by pointing out its differences, furthermore, it aims to provide a comparative analysis of the tax regulations applicable to crypto assets in Colombia and Korea, particularly in the case of BITCOIN. The study will examine the legal framework of both countries and evaluate the tax treatment of virtual assets focusing on the asset previously mentioned. The research will also explore the tax reporting obligations for virtual asset holders and the tax implications of crypto asset transactions in both countries. By comparing and contrasting the tax regulations of the personal income tax of Colombia and Korea, this thesis will contribute to a better understanding of the challenges and opportunities in the taxation of crypto assets in different jurisdictions. The findings of this research may be useful for policymakers, tax authorities, and virtual asset holders seeking to navigate the complex tax landscape of virtual assets. In this thesis we aim to compare according to the following criteria:
Definition of virtual assets
Subject with the obligation to pay.
Conceptual category of the obligation to pay
Additional relevant regulation to operate
It is important to conduct a comparative analysis of the tax regulations applicable to virtual assets in Colombia and Korea for several reasons. Firstly, virtual assets are becoming increasingly prevalent and are rapidly gaining popularity in the global economy. As such, it is crucial to understand how different jurisdictions treat virtual assets from a tax perspective, especially since tax regulations can have a significant impact on the development of virtual asset markets. This analysis could serve as an opportunity to challenge the promises of individual autonomy, freedom, and wealth preservation associated with BTC in the face of its regulation, and also in contrast with the emergence of digital national currencies. Secondly, the lack of uniformity in the tax treatment of virtual assets across different countries can create challenges for cross-border transactions and investment. Therefore, a comparative study of the tax regulations of different countries can help identify areas of inconsistency and facilitate the development of a more harmonized international tax framework for crypto assets. Finally, by comparing and contrasting the tax regulations of the personal income of Colombia and Korea, this thesis can provide insights into the potential advantages and disadvantages of different tax approaches to virtual assets, which can be useful for policymakers and virtual asset holders seeking to optimize their tax planning strategies. Now for the purpose of this thesis, the question that shall be addressed is:
Regarding virtual assets, in particular ‘crypto assets’ (specially BTC), when applying the criteria of ‘definition’, ‘taxpayer’ and ‘Conceptual category’ and ‘additional relevant regulation’; what differences can be perceived between the regulatory approach of Colombia and South Korea?
Although the details of this answer could be found in the conclusions chapter, one of the biggest conclusions that is reached within this paper, is that the Korean regulation shows a more strict and less permissive regulation with additional requests to operate, while the state of the regulation in Colombia, at this point in time, could be better described as unregulated. Additionally, there is a larger development in the definition and further categorization in Korea that could not be perceived in the Colombian regulation and, finally, Colombia shows a less skeptic approach to the income perceived compared to its Korean pair.