In this Master's thesis, I have analysed the provisions of the draft Virtual Currency Tax Act and compared their content with the legislation of other European countries in the selected legal area.
The draft of Virtual Currency Tax Act was intended to regulate legal issues in the field of taxation of virtual currencies. It was an attempt to regulate the issue in a legal manner that departs from the currently known regulation, which is regulated by a clarification issued by the Financial Administration of the Republic of Slovenia and the Ministry of Finance of the Republic of Slovenia. In accordance with the principle of legality, it is necessary to create a new legal framework for the taxation of natural persons who earn income of this kind outside the context of their business, since, according to the above-mentioned explanatory memorandum, profits or income which are not earned as a result of the exercise of a business activity are not included in the income tax.
The competent authority has pursued the principle of tax fairness by drafting the Virtual Currency Tax Act. However, in drafting this Act, Financial Administration of the Republic of Slovenia was clearly inconsistent, as certain shortcomings can be identified both from a nomotechnical point of view and from the point of view of fundamental legal principles in the field of tax law. Nevertheless, it can be noted that the proposal is in some respects substantially similar to the legal systems of the European Union countries discussed in this Master's thesis.
On the basis of the foregoing, I believe that it would be necessary in future to study the enforcement of these legal acts and only then to try again to regulate this legal issue by drawing up a new legal act which would take the best nomotechnical and tax-law solutions of the selected countries and over which an appropriate degree of control could be exercised.
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