Virginia State Senate Introduces Cryptocurrency Rights Bill

Table of Contents

The Virginia State Senate has introduced legislation delineating regulations for mining and transactions of digital assets and their treatment under tax laws. 

State Senator Saddam Azlan Salin proposed the bill (Senate Bill 339), which establishes rights for digital asset miners and validators. It also provides tax incentives for purchasing goods and services using crypto. 

Senate Bill 339 (SB339) 

The proposed Senate Bill, introduced by the youngest member of the Senate, proposes several ground-breaking changes in the legal landscape for digital assets, such as critical exemptions and protections for individuals and businesses involved in cryptocurrency mining. One notable aspect is the exemption of digital asset miners from the requirement of obtaining money transmitter licenses. This would significantly lower the entry barrier for individuals and businesses in the digital asset mining sector. 

The bill also aims to protect miners from discrimination in industrial zones, prohibiting them from enacting bans on digital asset mining and imposing noise restrictions over and above those already in place. This ensures a level playing field for miners and fosters an inclusive environment for the industry. 

“No license under this chapter shall be required of any person engaging in-home digital asset 37 mining, digital asset mining, or digital asset mining business activities, as those terms are defined in § 38 15.2-2288.9.”

The bill also addresses the classification of assets regarding securities laws, stipulating that issuers and sellers of digital assets will be exempted from securities registration requirements under specific conditions. These conditions include the asset not being an investment contract, not being marketed as a financial instrument, and the issuer taking reasonable precautions to prevent its purchase as a financial instrument. 

“An issuer or seller of a digital asset shall be exempt from the securities registration requirements of this chapter if (i) the digital asset cannot be considered an investment contract, (ii) the issuer or seller of the digital asset did not market the digital asset to the initial buyer as a financial investment, and (iii) the issuer or seller of the digital asset takes other reasonable precautions to prevent an initial buyer from purchasing the digital asset as a financial investment.”

Incentives For The Use Of Crypto In Everyday Transactions 

The legislation also incentivizes the use of cryptocurrency in everyday transactions through tax benefits. The bill proposes that, from January 1, 2024 onwards, individuals can exclude up to $200 per transaction from their net capital gains for tax purposes when purchasing goods and services using cryptocurrencies. 

If passed, the bill could mark a crucial movement in the history of digital assets in the United States. The bill could drive increased adoption and innovation in the digital asset space by reducing regulatory hurdles and providing tax incentives. 

Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.