Beskatning af kryptoaktiver

Abstract

This thesis examines the current tax treatment of cryptocurrency in Danish law. As digital assets such as Bitcoin and Ethereum have gained widespread adoption, new challenges have emerged regarding their legal classification and the taxation of gains and losses. In the absence of specific legislation targeting cryptocurrency, Danish tax authorities apply general tax principles primarily those found in the Danish Tax Assessment Act and the Capital Gains Tax Act. This approach has led to a growing body of administrative practice, but also to significant legal uncertainty and complexity for private investors. The analysis is conducted using a legal doctrinal method, focusing on legislation, binding rulings, and decisions from the Danish Tax Council and the Danish Tax Appeals Agency. It becomes evident that the assessment of whether cryptocurrency is taxable often depends on whether the acquisition is deemed to have occurred with speculative intent. This subjective evaluation makes it difficult for taxpayers to predict the tax consequences of their actions and has contributed to inconsistent outcomes in practice. Furthermore, the reliance on the realization principle, combined with the application of the FIFO method, affects how taxable gains are calculated and may lead to economically unfavourable outcomes. A notable issue is the asymmetric treatment of gains and losses, where profits are fully taxed, while losses are often only deductible under strict conditions. The thesis also addresses specific cases such as gifts, inheritance, mining, and the loss of access to wallets, illustrating how current tax rules are often ill-equipped to handle the unique characteristics of blockchain-based assets. In conclusion, the thesis finds that the Danish tax treatment of cryptocurrency lacks legal clarity, neutrality, and coherence. There is a growing need for a modern and technology- aware legal framework that can provide consistent, objective, and fair taxation rules for digital assets.