Many a Bitcoin has been lost because users have uninstalled their wallets, mobile phones with Coins were lost - or users have sent their Bitcoins even to the wrong account. But what happens when you get accidentally Bitcoins? Can we keep? And you have to pay tax on the "cash gift"?
On the US question-Portal Quora a user posted anonymously several months ago that he fabled 18,500 Bitcoins got and did not know by whom. This would represent just over a thousandth of all Bitcoins are in circulation, and would present a value of 66.6 million euros. Another user claimed elsewhere least 2,041 Bitcoinsto have received (7.3 million euros). Due to the structure of Bitcoin, the original owner is difficult to trace and barely identify. On the question platform both asked for advice on what they should do now.
18,500 Bitcoins: Fact or Fake?
Share on Quora users the happy Bitcoin owners in any event, to delete all his social media accounts, to leave the country forever and submerge at least two years - for fear of the former, possibly criminal owners. "Do not tell your friends, tell it not your friend," said a Quora users , "simply disappear without a trace. Go, now. "
Threatens millions in tax payment?
In fact, researchers succeeded in 2014, when up to 60 percent of Bitcoin transactions, the IP addresses in order to identify and location. Completely anonymous Bitcoin Trans cations are possible - but not without precautions. So if you have lost millions by a faulty transaction, might be tempted to visit the new owner.
But probably most obvious question is whether it also legally her new owner is a random recipient of Bitcoins. At least in Germany the legal situation is clear: "No," says Florian Glatz , IT lawyer and president of the Federation block chain, "is a case of unjust enrichment. There is a publication entitled under § 812 BGB . "However, a return of the coins in the Bitcoin system is problematic because the sender can not be identified. Some broadcast addresses are also only temporarily valid. A referral back could thus lead to a complete loss of all Bitcoins for both sides.
If the claim of the consignor forfeit for lack of identifiability, so Gatz, "the amount should of course be taxed. Potentially, you can it as hand donation define. "That means a gift, in which both parties agree that the grant shall be without charge, for example, as a Christmas present. In Germany, however, the taxation would be a bit complicated. Because Bitcoins in this country are not legal tender or e-money. The Federal Ministry of Finance classifies Bitcoins as a private money - similar to foreign currencies.
Therefore applies: If Bitcoins only after a period of one year sold are profits from trading in Bitcoins generally tax-exempt - at least for private individuals. Otherwise, trading in Bitcoins is considered speculative venture - whose profits must be taxed at the tax office. Since the recipient can barely notice when the suddenly emerged Bitcoins purchased by the previous owner with a "real" fiat currency like euro or dollar and he enters the tax footsteps of the "donor", he has to wait at least a year before can sell bitcoins - or in the case of a 18,500-Bitcoin donation a tax levy millions in pay ( § 23 para 1 No. 3 sentence 3 EStG.. ). Since statutory exemption is just at 600 euros.
Legally final taxing Bitcoin assets and profits, but not yet tested by a court. Quite possible that the tax authorities will interpret the legal basis in the future differently.