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What counts as cryptoasset trading? 

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Sean Hill, manager, and Sam Goodsell, partner, at accountancy firm, Menzies LLP 

The wild west days of cryptoassets may well be coming to an end and with HMRC’s latest updates to their cryptoasset manual in February 2022. This update offers advice on the tax treatment of cryptoassets, that will allow traders, to organise their digital assets in the most efficient way possible. But does the new guidance go far enough?  

 A common misconception when filing tax returns is what is defined as ‘trading.’ In everyday parlance it means to buy and sell goods or services. However, when it comes to cryptoassets, HMRC state in the manual that only in exceptional circumstances would they expect individuals to buy and sell exchange tokens with such frequency, level of organisation and sophistication that the activity amounts to a financial trade.  

Typically, when a cryptoasset, such as a non-fungible token (NFT), is bought and then sold, the seller would be liable for capital gains tax on any gains generated on the sale.  These would need to be considered alongside gains related to the ownership of other assets, such as property or shares, for example.  If an individual has acquired or invested in a cryptoasset for the purpose of profiting in the future, then HMRC would most likely categorise this as an investment, which would be liable for capital gains tax. However, if an individual or business is involved in the creation, minting and initial sale of an NFT(s), this will be treated as a ‘Trade’ and subject to income tax. 

Sean Hill And Sam Goodsell

To help clarify matters, HMRC’s Cryptoassets Manual provides detailed and comprehensive guidance, and links to additional resources. However, for someone unfamiliar with self-assessment tax forms, it may be too dense and confusing. The manual uses examples to help illustrate specific points, but these are unlikely to match an individual trader’s situation exactly. Each trader should start with a list of their transactions and work out how the guidance relates to them, rather simply selecting the most beneficial tax regime.   

To complement the Cryptoassets Manual, HMRC also has a manual which outlines the ‘9 badges of trade’ to assist in defining trading activity.  These badges include a profit-seeking motive, the number of transactions that occur and the way the sale is carried out. By using the nine badges as a checklist, asset owners can identify whether their transactions constitute trading or not. In cases of ambiguity the decision lies with HMRC, however, there is a process in place to appeal if the asset owner disagrees. In these cases, businesses should consider consulting a professional, as they will be able to identify the necessary records and evidence to argue their case.   

Individuals trading cryptoassets should ensure that they keep detailed records of transactions as they go, which can be presented to professionals at the end of the tax year. Every time funds are exchanged between different types of cryptocurrency, for example, Bitcoin to Ethereum, it counts as a chargeable event. This is because this transaction is treated for tax purposes as a disposal of an asset and the acquisition of a new asset. The number of chargeable events could affect how much tax is owed.  

Traders who are making a high volume of transactions should also seek specialist advice. Most tax professionals will consult or work closely with a software provider that automatically keeps track of transactions with the client’s permission, streamlining tax declarations at the end of the year. This means that the transactions will not have to be manually calculated, which could be a time-consuming and expensive process. Tax advisors will need access to all digital wallets and other accounts where cryptocurrencies are stored.  

As the guidance from HMRC is relatively new, there are still ‘grey’ areas that are open to interpretation. For example, cryptoassets can be converted from one format to another, which is known as a ‘bridging transaction’. There is still some debate whether bridging transactions, for example between Ethereum and Wrapped Ethereum, represent a chargeable event. Although at present this transaction is treated as a disposal for capital gains tax purposes and can give rise to a tax liability. 

While the manual is helpful, it is likely to be confusing to a non-professional. Traders who want to calculate their own tax liability, based on the information provided, would be advised to get this reviewed and approved by a tax specialist. This is particularly important where a large volume of transactions has taken place or individual transactions have a high value, as it will give a greater certainty over the final tax liability. Traders can be certain that regulation in this area will increase in the future, as the HMRC learns more about the world of cryptoassets and the tax revenues it can generate.  

Finance

In 2024, payments will evolve to broaden accessibility

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Attributed to Roy Aston, COO at Paysafe.

 

As we look to 2024 and beyond, businesses will need to adapt experiences to changing consumer needs and demands, working with payments providers to increase accessibility, offer broader choice, and more.

We break down some the forces driving evolution in payments over the coming years.

Payments need to be available to everyone, everywhere

Regardless of their location or situation, consumers do not want to wait when it comes to payments. The proliferation of smart devices has given users access to everything, all at once, and this is also expected when making transactions.

In 2024, banks and financial institutions will continue to push ahead with this journey to offer smooth, secure payments to everyone, everywhere, delivering services at the lowest possible barrier to entry. This also means ensuring consumers, even those that are unbanked or underbanked, have access to remittances and cross-border payments.

The first step in achieving this goal will be to improve reliability, security and availability, which may see traditional payment methods like debit and credit cards – still the most popular payment methods – become less dominant, while alternative payment methods (APM) like eCash and digital wallets will grow.

This is because, with the right payment provider, merchants can ensure these APMs are available anywhere in the world – eCash, for example, does not require a bank account to use. In addition, digital wallets and online cash can offer swift, secure transactions, helping users overcome security issues by not requiring them to enter their financial details.

Financial companies will embrace collaboration in 2024

While businesses can address consumer payment concerns using APMs, they must also look to bolster their own defences as the threat landscape changes. Increasingly advanced technology, like AI models, are now accessible to far more people, including threat actors.

To combat this escalating threat, it’ll be no surprise to see more financial companies collaborate in 2024 as they seek to improve cyber risk mitigation. This makes perfect sense – and would be a positive step for the industry – though it is easier said than done.

Businesses must share data legally, while aimed toward a positive purpose, rather than for pure profit. For example, if a financial organisation gains intelligence on a cyber group, they could share this with other companies to protect against bad money movement.

Ideally, collaboration could help improve anti-fraud, anti-money laundering, and cyber security measures, and more broadly reduce risk for businesses and consumers alike. But first, thinking around data governance may need to change.

Existing trends will evolve

While exciting new trends will emerge in 2024, we’ll also see the evolution of some that have yet to reach their full potential.

Embedded payments, for example, will continue to develop, with more businesses bringing together financial products with features like loyalty schemes to offer more added value to consumers.

Decentralised finance, too, should continue to build momentum in 2024. While decentralised finance, and specifically NFTs, have faced challenges this past year, it will be no surprise to see companies get to grips with changing regulatory requirements and continue to build in this area.

Open banking could also see a big 2024, with more APIs becoming available, and companies starting to develop new solutions to enhance customer experience and reduce friction in the payment ecosystem.

And while evolution rather than revolution is a necessity in technology, it’s always exciting to look ahead to the big trends that could shape the future – perhaps not in the year ahead, but beyond.

The future is quantum

Quantum computing is a trend that is as exciting as it is potentially frightening. Able to perform computations that are exponentially faster than ever before, quantum computing represents a new frontier and it will be thrilling to see how it is used in the years ahead.

Combined with AI, for example, quantum computing could optimise processes at a speed and scale never seen before – with serious benefits passed onto consumers.

In the nearer term, however, ensuring payments are available and accessible for everyone must remain the focus in 2024.

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Technology

How to protect your business from the rise of sophisticated cyberattacks 

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Suhaib Zaheer SVP, Managed Hosting at Digital Ocean & GM, Cloudways  

In an age where technology drives business operations, the threat of sophisticated cyberattacks looms over organisations of all sizes. From stealthy ransomware attacks to intricately orchestrated phishing schemes, the arsenal of online adversaries is expanding. Cyberattacks were listed as one of the biggest threats to the UK in the 2023 risk register. Added to this, 97 people per hour fall victim to cyberattacks. The threat of a cyberattack not only jeopardises businesses and their valued employees but also poses a significant risk to their customers. A breach of security has the power to decimate an organisation’s hard-earned reputation and impose severe financial distress.

Today, safeguarding your business against the rising tide of sophisticated cyber threats is no longer a choice. This article explores actionable ways to fortify your business’s defences, empowering you to navigate threats with resilience.

Navigating the cybersecurity landscape

Over the past few of years, the widespread adoption of remote work practices surged, consequently exposing businesses, particularly SMBs to elevated cybersecurity risks.

Suhaib Zaheer

Before remote work, businesses could dictate strict rules governing the access points for critical documents. Company computers were tethered to office desks, seamlessly connected to in-house servers. The primary concern for management teams was fortifying the office server and upholding computer security.

Fast forward to today, and the workforce is no longer confined to office walls but spans cities, and even countries. This shift brings a twofold challenge—exposing vulnerabilities in servers and individual computers. Added to this, the intricacies of data protection laws differ in each country. Companies must equip teams with secure technology that provides enterprise-grade security to protect against hackers and sophisticated threats.

The challenge lies in not only supporting dispersed workforces but doing so without compromising the sanctity of sensitive information in a world where data security must align with international legal intricacies.

Fortifying small businesses

Small business owners find themselves particularly susceptible to security and privacy threats due to their limited resources, which often translates into inadequate cybersecurity measures compared to their larger counterparts. Even if resources are limited, business owners can safeguard against security pitfalls by implementing well-defined security procedures in collaboration with their employees – making it everybody’s responsibility.

Building customer trust hinges on the assurance that their information is secure when interacting with a company’s website. Recognising the pivotal role of customer trust in the sales process underscores the critical need for businesses to make cybersecurity a top priority.

Prepare for future threats

Outdated technology remains a vulnerability for businesses, as the repetitive and resource-intensive nature of updating website security opens avenues for human error. Solutions capable of automatically detecting updates, executing secure backups, and enhancing security procedures alleviate this burden, eliminating the need for manual maintenance.

AI is capable of handling laborious tasks as it analyses data for anomalies, swiftly detecting and flagging abnormalities for cybersecurity teams to address. AI-powered solutions also automate time-consuming processes, securely updating websites and backing up data, enhancing overall efficiency.

Critical features for website resilience also include the ability to manage traffic surges seamlessly. Optimising bandwidth capacity minimises friction during peak periods, ensuring responsive handling of heavy traffic loads. Crucially, automated technology that adjusts bandwidth capacity during traffic surges prevents system failures and unauthorised access.

Additionally, businesses can safeguard against security pitfalls by implementing well-defined emergency procedures in collaboration with their employees. The urgency instilled in employees when they receive seemingly urgent demands from their employers creates a vulnerable juncture that cyberattackers exploit, seizing the opportunity to pilfer information and gain access to sensitive data.

Furthermore, business owners must invest in robust security measures, implement secure payment gateways, and educate users on mobile security practices to build trust and safeguard information. Staying abreast of the evolving security landscape and adapting cybersecurity strategies to meet changing customer expectations are crucial for business success.

As we move towards a new year, it is clear that businesses need to ensure that security is a top priority. Cybercriminals will continue to use new technologies to launch ever more effective and creative cyberattacks, so businesses need to ensure that they are working to protect their data with a similar level of ferocity. This will be a key aspect of supporting business growth and success in the future.

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