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DOI: 10.7256/2454-065X.2023.2.40517
EDN: TADXTQ
Received:
18-04-2023
Published:
30-04-2023
Abstract:
The author discusses the features of the legal regulation of taxation of transactions of individuals with digital rights in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of digital rights in the Russian Federation, when determining the system of tax benefits for transactions with digital rights. Public relations arising in connection with the turnover of digital rights are regulated by the Civil Code of the Russian Federation, while neither legislation nor law enforcement practice has been defined, the specifics of taxation of income of individuals on transactions with digital rights. In this connection, it is necessary to highlight the features of the legal regulation of taxation of income of individuals on transactions with digital rights and determine whether these features are applicable to the legal regulation of taxation of income of individuals on transactions with digital rights in the Russian Federation. The problem is that in the legislation of the Russian Federation there is no legal regulation of taxation of income of individuals on transactions with digital rights. The goal go the research is to investigate the experience the foreign legislation and regulatory legal regulation of the Russian Federation and to identify the problems of legal regulation of taxation of income of individuals on transactions of individuals with digital rights. Scientific novelty of the research lies in fact that previously, no research has been conducted on the application of tax benefits in the legal regulation of taxation of personal income on transactions with digital rights.
Keywords:
digital rights, cryptocurrencies, distributed registry system, taxation, personal income tax, tax control, foreign legislation, blockchain, Bitcoin, Ethereum
This article is automatically translated.
You can find original text of the article here.
The Russian Federation has introduced Federal Law No. 324-FZ dated 14.07.2022 "On Amendments to Part Two of the Tax Code of the Russian Federation" [1] on Taxation of digital Financial Assets and digital Rights, including both a digital financial asset and a utilitarian digital right (hereinafter referred to as the "CFA"). A feature of the legal regulation of cryptocurrency turnover in the Russian Federation is the creation of a separate law aimed at comprehensive regulation of cryptocurrency turnover. So, from January 1, 2021 Federal Law No. 259-FZ dated 31.07.2020 "On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation" [2] (hereinafter referred to as the "CFA Law") came into force. The introduction of this law confirmed the legal status of the token and as a result became the basis for calculating and paying taxes on transactions carried out with tokens, in terms of taxation of income received from the turnover of cryptocurrencies, the issue remains debatable, since the concept of "digital currency" is not identical to the scientific and technical concept of cryptocurrency. At the same time, the question remains whether the norms of the CFA Law are applicable to the relations on the turnover of cryptocurrencies. The CFA Law identifies two main objects: - digital financial assets; - digital currencies. None of the objects correspond to the main features of cryptocurrencies, which are highlighted by legal scholars [3, 4, 5, 6]. In this regard, the author notes that the concept of cryptocurrencies is not fixed in domestic legislation. This legislative gap entails significant consequences for the legal regulation of taxation of income of individuals received on transactions with cryptocurrencies. The author believes that the main features of cryptocurrencies should be studied by both technical specialists and legal scholars for their proper consolidation in domestic legislation in order to develop the digital economy in the country. In addition to these terms, the term digital law is fixed in Article 141.1 of the Civil Code of the Russian Federation. Digital law is a basic concept and fixes the basic properties of any asset, the turnover of which is carried out in the system of distributed registries: cryptocurrency, token, service token, etc. In particular, the concept of CFA is defined as a special type of digital law, which follows from the definition enshrined in the CFA Law. Of the essential features that are included in the concept of digital law and are characteristic of cryptocurrencies, tokens, etc. are: - obligations and other rights; - the contents and conditions are determined by a certain information system; - the disposal of digital rights is possible only within the framework of an information system without contacting a third party. The most popular types of cryptocurrencies correspond to the list of features fixed in the definition of digital rights in Article 141.1 of the Civil Code of the Russian Federation [7]: - Bitcoin (BTC); - Ethereum (ETH); - Litecoin (LTC), etc. However, the cryptocurrency has a significant feature that is not fixed in the legislation, in particular, the definition of digital rights does not cover the method of initial accrual of cryptocurrencies and does not highlight the characteristic features that distinguish cryptocurrencies when compared with another object, the turnover of which is possible solely on the basis of distributed registry systems – a token (digital financial asset). The author believes that the concept of digital rights can be applied to cryptocurrency turnover relations, but this does not negate the need to consolidate a more complete definition of cryptocurrencies in the law. At the same time, it is necessary to highlight the positions of scientists who have already conducted research in the field of the correlation of the concepts of CFA, digital currency, digital law and cryptocurrency. So, K.B. Razdorozhny [8], having identified the main signs of cryptocurrencies, came to the conclusion that a digital financial asset fixes the signs of cryptocurrencies. Yu.V. Malkova and A.V. Tikhonova [9] indicate that the generalized concept of "cryptocurrency" is enshrined in the law in two categories "digital currency" and "digital financial asset", which represent property and property rights, respectively. A.A. Aryamov, E.O. Rueva and A.A. Chigak [10] do not correlate the concept of digital law with cryptocurrency or token. The author believes that the concept of digital rights is applicable to relations arising in the process of taxation of income of individuals on transactions with cryptocurrencies. Thus, according to Article 11 of the Tax Code of the Russian Federation, the terms of civil legislation are applied in the meaning in which they are used in the relevant branch of legislation. The issue of classification and qualification of objects, the turnover of which takes place on the basis of distributed registry systems, has a direct impact on the legal regulation of taxation of CFA and digital rights.
Thus, Article 214.11 of the Tax Code of the Russian Federation provides for a full-fledged system of legal regulation of taxation of financial results, which is expressed in income reduced by the amount of expenses received by an individual for transactions with digital financial assets. Regarding the taxation of income of individuals who were received on transactions with digital rights, the legislation does not provide for any taxation features. Consequently, the income of individuals who were received on transactions with digital rights is subject to taxation at the general rates of personal income tax. At the same time, the experience of foreign legal regulation of taxation of transactions of individuals using cryptocurrencies (digital rights) involves the use of a system of tax benefits that stimulate the development of the digital economy. Thus, the legislation of the Republic of France establishes a tax-free minimum when calculating the tax base on income from transactions with cryptocurrencies (digital rights) in the amount of 70,000.00 euros per year [11, 12, 13], and also provides for the right of individuals to reduce the tax base by the amount of expenses incurred by a person in the process of accrual of cryptocurrencies (digital rights) to your account [14, 15, 16. 17]. A similar practice is applied in the Federal Republic of Germany, where persons performing basic operations that allow an individual to charge cryptocurrencies (digital rights) to their account in the distributed registry system are provided with a system of tax benefits. Individuals who are residents or non-residents of the Federal Republic of Germany have the right to reduce the tax base by the amount of expenses incurred during the initial accrual of cryptocurrencies (digital rights) to an individual's account in the distributed registry system [18, 19]. In the case of the French Republic and in the case of the Federal Republic of Germany , this approach is determined by two significant factors: - transactions of individuals with cryptocurrencies (digital rights) cannot be tracked and controlled; - operations for the initial accrual of cryptocurrencies (digital rights) to the account of an individual in the distributed registry system allow maintaining the proper quality of functioning of the distributed registry system. Let's take a closer look. The foreign legislator proposes to stimulate the identification of transactions with digital rights by establishing a system of tax benefits, in the presence of which it becomes more profitable for an individual to declare the earned income and significantly reduce the tax base. This approach is not exceptional, since a similar method was used by the domestic legislator when introducing a tax on professional income. If the legislator does not have an objective opportunity to create a comprehensive system of control and supervision, a system of tax benefits is applied, which encourages taxpayers to disclose the sources of their income. Also, a foreign legislator grants a taxpayer the right to reduce the tax base by deducting expenses incurred by an individual during the initial accrual of digital rights to an individual's account in a distributed registry system. This approach is justified by the exceptional importance of the processes of accrual of digital rights, since this process replaces the functions of the central counterparty in the system of distributed registries. In this case, for a certain period of time, it is the individual participant of the distributed registry system who undertakes to systematize and record all operations in the distributed registry system instead of the central counterparty in the centralized system. The system of distributed registries is based on the possibility of conducting operations without a central counterparty. But with this approach, there are special costs of the quality of the operations carried out. If the number of responsible participants in the system decreases, the speed of transactions will fall. As a result, the attractiveness of the distributed registry system will decrease. It is necessary to increase the number of persons (including individuals) providing services for computing operations. Considering the foreign experience, it is important to note that similar methods of stimulating the development of the digital environment are already being used by the domestic legislator in relation to operations with CFA in accordance with Article 214.11 of the Tax Code of the Russian Federation. Consequently, foreign experience can be successfully applied in the legislation on taxes and fees of the Russian Federation. In conclusion, based on the conducted research, the author came to the following conclusions: 1. It is necessary to establish a tax-free minimum for transactions of individuals with digital rights (cryptocurrencies) in order to stimulate the disclosure of income sources; 2. It is necessary to provide individuals with the right to reduce the tax base for the amount of expenses incurred in the process of accrual of digital rights (cryptocurrencies) to the accounts of individuals in the distributed registry system.
References
1. Federal Law No. 324-FZ of 14.07.2022 "On Amendments to Part Two of the Tax Code of the Russian Federation";
2. Federal Law No. 259-FZ of 31.07.2020 "On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation";
3. Khidzaev A. T. Cryptocurrency: legal approaches to the formation of the concept // Law and modern States. 2014. No.4. pp. 10-15;
4. Dolgieva M. M. Operations with cryptocurrencies: actual problems of the theory and practice of the application of criminal law // Actual problems of Russian law. 2019. No. 4(101) pp. 128-138;
5. Tsindeliani I. A., Nigmatulina L. B. Cryptocurrency as an object of civil and financial regulation // Financial law. 2018. No. 7. pp. 18-25;
6. Egorova M. A., Efimova L. G. The concept of cryptocurrencies in the context of improving Russian legislation // Lex russica. 2019. No. 7(152). pp. 130-139;
7. Types of cryptocurrencies-which exist and how they differ // URL: https://www.binance.com/ru / (accessed: 04/18/2023);
8. Razdorozhny, K.B. Financial and legal regulation of digital financial assets in the Russian Federation and in foreign countries : dissertation for the degree of Candidate of Legal Sciences.-Moscow, 2021.-p. 175;
9. Malkova Yu.V., Tikhonova A.V. On the issue of taxation of cryptocurrencies and digital assets: Russian and foreign experience. Economy. Taxes. Right. 2020; 13(5): 141-153. DOI: 10/26794/1999-849X-2019-13-5-141-153;
10. Aryamov A.A., Rueva E.O., Chigak A.A. Digital rights – new horizons or legal deadlock // Justice. 2020. Volume 2, No. 1. pp. 131-149. DOI: 10.37399/issn2686-9241/2020/1/131-149;
11. Achats de Bitcoin: l’AMF et l’ACPR mettent en garde les épargnants. URL: https://perma.cc/CM6Q-EGUH (accessed: 04/18/2023);
12. Loi by. 2019-486 du 22 mai 2019 relative à la croissance et la transformation des entreprises, May 23, 2019. URL: https://perma.cc/X5D2-J33J (accessed: 04/18/2023);
13. Code monétaire et financier, art. L54-10-1. URL: https://perma.cc/WQ2J-EZWW;
14. Praicheux S., Vandenbussche J. L'nvestissement en actifs numériques, nouvelle opportunité de la loi PACTE // Les Echos Executives. 2019. Oct. 25. URL: https://perma.cc/9SU2-BQFS (accessed: 04/18/2023);
15. Obtenir un agrément PSAN. AMF. 2020. Jan.
16. URL: https://perma.cc/4SZ9-FWZ3 (accessed: 04/18/2023); 16. Crypto-monnaies, crypto-actifs. Comment s’y retrouver? Ministère de l’économie, des finances et de la relance (Dec. 4, 2020). URL: https://perma.cc/PQH4-P49X (accessed: 04/18/2023);
17. Desombre C. Comment déclarer ses cryptomonnaies aux impôts? // La Tribune. 2020. May 20.URL: https://perma.cc/EH3U-A6Z2 (accessed: 04/18/2023);
18. Bundesministerium der Finanzen [BMF], BMF-Schreiben. Umsatzsteuerliche Behandlung von Bitcoin und anderen sog. virtuellen Währungen; EuGH-Urteil vom 22. Oktober 2015, C-264/14, Hedqvist (BMF letter), Feb. 27, 2018, at 1 & 2. URL: https://perma.cc/NMB8-6WYV (accessed: 04/18/2023);
19. Umsatzsteuer-Anwendungserlass [UStAE], Oct. 1, 2010, Bundessteuerblatt [BStBl] I at 846, as amended, 4.8.3, para. 3a.URL: https://perma.cc/5MFR-PS7N (accessed: 04/18/2023).
First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "Legal regulation of taxation of income of individuals on transactions with digital rights (cryptocurrencies)". The subject of the study. The article proposed for review is devoted to the legal regulation of "... taxation of income of individuals on transactions with digital rights (cryptocurrencies)". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of tax, civil and financial law, while the author notes that "A feature of the legal regulation of cryptocurrency turnover in the Russian Federation is the creation of a separate law aimed at comprehensive regulation of cryptocurrency turnover." NPAs relevant to the purpose of the study are being studied. A large volume of Russian and foreign scientific literature on the stated issues is also studied and summarized, analysis and discussion with these opposing authors are present. At the same time, the author notes: "These are characteristic of cryptocurrencies, despite the fact that the definition of digital rights does not cover the method of initial accrual of cryptocurrencies and does not highlight the characteristic features that distinguish cryptocurrencies in a comparative analysis with another object, the turnover of which is possible solely on the basis of distributed ledger systems – a token (digital financial asset)." Research methodology. The purpose of the study is determined by the title and content of the work: "... the question remains whether the norms of the CFA Law are applicable to cryptocurrency turnover relations", "... the concept of cryptocurrencies is not fixed in domestic legislation", "This legislative gap entails significant consequences for the legal regulation of taxation of income of individuals received from transactions with cryptocurrencies". They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of private scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize approaches to the proposed topic and influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used formal legal and comparative legal methods, which made it possible to analyze and interpret the norms of acts of Russian and foreign legislation and compare various documents. The following conclusions are drawn: "... the concept of digital rights is applicable to relations arising in the process of taxation of income of individuals on transactions with cryptocurrencies", "... a foreign legislator grants a taxpayer the right to reduce the tax base by deducting expenses incurred by an individual, during the initial accrual of digital rights to an individual's account in a distributed registry system", etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is important in the world and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... the main features of cryptocurrencies should be studied by both technical specialists and legal scholars for their proper consolidation in domestic legislation in order to develop the digital economy in the country." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is this: "... in the absence of other definitions that relate to cryptocurrencies, the author believes that the concept of digital rights can be applied to cryptocurrency turnover relations." As can be seen, these and other "theoretical" conclusions "... the income of individuals that were received from transactions with digital rights is subject to taxation at the general rates of personal income tax" can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Taxes and Taxation", as it is devoted to the legal regulation of "... taxation of income of individuals on transactions with digital rights (cryptocurrencies)". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, as the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found, except for numerous descriptions "Listed are characteristic of cryptocurrencies" (Listed signs are characteristic of cryptocurrencies), "economics", "mimnimum", etc., commas were omitted "The issue of classification and qualification of objects whose turnover occurs on the basis of distributed ledger systems has", etc., grammatical errors. The bibliography is quite complete, contains publications, NPAs, to which the author refers. This allows the author to correctly identify problems and put them up for discussion. The quality of the literature presented and used should be highly appreciated. The presence of scientific literature showed the validity of the author's conclusions and influenced the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to problems. Conclusions, the interest of the readership. The conclusions are logical, specific: "It is necessary to provide individuals with the right to reduce the tax base by the amount of expenses incurred in the process of accrual of digital rights (cryptocurrencies) to individuals' accounts in the distributed ledger system," etc. The article in this form may be of interest to the readership in terms of the presence in it of the systematic positions of the author in relation to the issues stated in the article after finalizing the article in terms of eliminating descriptions and grammatical errors. Based on the above, summing up all the positive and negative sides of the article, "I recommend sending it for revision."
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
The subject of the study. The subject of the research of the peer-reviewed article "Legal regulation of taxation of income of individuals on transactions with digital rights (cryptocurrencies)" is the special relations that arise when taxation of income of individuals on transactions with digital rights, and their legal regulation, including in the context of comparative law. Research methodology. The methodological basis of the article is based on modern methods of scientific cognition: historical, formal-logical, legal-technical, formal-dogmatic, comparative jurisprudence, etc. The author of the article also used such general scientific methods and techniques as deduction, modeling, systematization and generalization. Relevance. The global digitalization of all spheres of public life, including the economy, public administration, etc. requires the transformation of legislative approaches in the legal regulation of public relations in a new format. Digital rights are a relatively new social phenomenon. The term "digital law" is used both objectively and subjectively. It is necessary to form the conceptual apparatus of digital law (in the objective sense), which will avoid terminological uncertainty in law enforcement, including in the exercise and realization of digital rights (in the subjective sense). For this reason, the author's attempt to clarify some of the concepts of "digital assets", "digital currency", "cryptocurrency", etc. and to identify the problems that occur in the legal regulation of taxation of income from transactions with digital rights deserves attention. Scientific novelty. It cannot be said that the author for the first time in Russian jurisprudence addressed the issues of legal regulation of taxation of income of individuals on transactions with digital rights. The works of A.A. Aryamov, A.A. Valova, Yu.V. Malkova, K.B. Razdorozhny and others have been published, which (for some reason) have not been studied by the author of this article and are not indicated in the bibliographic list. However, some elements of scientific novelty can be traced in the article, these are the author's suggestions: "1. It is necessary to establish a tax-free minimum for transactions of individuals with digital rights (cryptocurrencies) in order to stimulate the disclosure of sources of income; 2. It is necessary to provide individuals with the right to reduce the tax base by the amount of expenses incurred in the process of accrual of digital rights (cryptocurrencies) to individuals' accounts in the distributed registry system." Style, structure, content. The author tries to structure the article, highlights the introductory, main and final parts. Although in general the article is written in a scientific style, it cannot be said that the author does not make stylistic mistakes when presenting the material. Neighboring sentences begin with the words "distributed registry system ...". In the final paragraphs, the phrase "foreign legislator", "foreign legislation" occurs many times. There are comments on the content of the article. The author's thought is unclear, "therefore, in the absence of other definitions that relate to cryptocurrencies, the author believes that the concept of digital rights can be applied to cryptocurrency turnover relations." And how does this conclusion relate to his statement: "since the concept of "digital currency" is not identical to the scientific and technical concept of cryptocurrency." The author identifies the concepts of "digital rights", "digital currency" and "cryptocurrency" in the text of his article, although he himself tries to distinguish them. We believe that the content needs to be improved in terms of clarity of the conceptual apparatus of the problem under consideration. It cannot be said that the material is presented consistently, competently and clearly. The study of foreign experience in the legal regulation of taxation of income from transactions with digital rights allowed the author to conclude that "the experience of foreign legislators can be successfully implemented into the tax legislation of the Russian Federation." At the same time, we believe that this statement of the author is erroneous, since only international legal norms can be implemented into national legislation. Bibliography. As noted above, the author has not studied the publications of leading experts dealing with the problems of legal regulation of taxation of income of individuals on transactions with digital rights. There are no links to recent publications. Appeal to opponents. The article contains links to the opinions of other scientists, the links are correct. Conclusions, the interest of the readership. The article "Legal regulation of taxation of income of individuals on transactions with digital rights (cryptocurrencies)" is written on an urgent topic of practical importance, but since it does not meet all the requirements for scientific publications, it needs to be finalized.
Third Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "Legal regulation of taxation of income of individuals on transactions with digital rights (cryptocurrencies)". The subject of the study. The article proposed for review is devoted to topical issues of legal regulation of taxation of income of individuals on transactions with digital rights (cryptocurrencies). The author examines the prospects for the development of tax legislation in this area. The subject of the study was the norms of legislation, as well as the opinions of scientists. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of ways to improve legislation regulating relations regarding the taxation of income of individuals on transactions with digital rights (cryptocurrencies). Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the provisions of the legislation of foreign countries. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the civil legislation of the Russian Federation). For example, the following conclusion of the author: "in Article 141.1 of the Civil Code of the Russian Federation, the term digital law is fixed. Digital law is a basic concept and enshrines the basic properties of any asset whose turnover is carried out in a distributed registry system: cryptocurrency, token, service token, etc." It is necessary to positively assess the possibilities of a comparative legal research method related to the study of the legislation of foreign countries. So, we note the following conclusion of the author: "the legislation of the Republic of France establishes a tax-free minimum when calculating the tax base on income from transactions with cryptocurrencies (digital rights) in the amount of 70,000.00 euros per year [11, 12, 13], and also provides for the right of individuals to reduce the tax base by the amount of expenses that a person incurred in the process of accrual of cryptocurrencies (digital rights) to your account [14, 15, 16. 17]". Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of taxation in the sphere of turnover of digital assets is complex and ambiguous. There are theoretical difficulties in qualifying digital assets and cryptocurrencies as objects of civil rights, which causes difficulties in calculating and actually paying taxes. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that additional proposals are needed to improve the legislation of the Russian Federation. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "cryptocurrency has a significant feature that is not fixed in legislation, in particular, the definition of digital rights does not cover the method of initial accrual of cryptocurrencies and does not highlight the characteristic features that distinguish cryptocurrencies in a comparative analysis with another object, the turnover of which is possible solely on the basis of distributed ledger systems – a token (digital financial asset)". These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "1. It is necessary to establish a tax-free minimum for transactions of individuals with digital rights (cryptocurrencies) in order to stimulate the disclosure of income sources. 2. It is necessary to provide individuals with the right to reduce the tax base by the amount of expenses incurred in the process of accrual of digital rights (cryptocurrencies) to individuals' accounts in the distributed ledger system." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Taxes and Taxation", as it is devoted to legal problems related to the definition of taxation issues in transactions with cryptocurrency, as well as the turnover of digital financial assets. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Khidzaev A.T., Dolgieva M.M., Tsindeliani I.A., Nigmatulina L.B., Egorova M.A., Efimova L.G., Razdorozhny K.B., Aryamov A.A., Rueva E.O., Chigak A.A., Desombre C., Praicheux S., Vandenbussche J. and others). Many of the cited scientists are recognized scientists in the field of regulation of aspects of digital financial assets. I would like to note the author's use of a large amount of foreign literature, which made it possible to give the work a comparative legal aspect. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the problems of improving the tax legislation of Russia. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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