Categories: Bitcoin Latest News

Is Bitcoin A New Type Of Property?

Bitcoin may eventually be labeled as a brand new type of property in the U.S. and U.K. because it doesn’t physically exist in any one specific location.

The below is a direct excerpt of Marty’s Bent Issue #1243: “Is bitcoin the emergence of a new type of property in the eyes of the law?” Sign up for the newsletter here.

Preston Byrne puts forward a solid argument that bitcoin will eventually be labeled as a new type of property and its understanding could be different in the U.S. and England.

via Preston Byrne’s blog

This is a very interesting blog post in which Preston Byrne expands on an idea he’s published since 2018: Bitcoin represents a new type of property and this will eventually be recognized by a court of law at some point in the future. If you’re looking for something to noodle over during this bear market, your Uncle Marty thinks this is a very stimulating exercise in attempting to understand how bitcoin is and probably should be viewed in the eyes of the courts.

As you can see above, bitcoin is truly unique as a type of property due to the fact that it doesn’t actually physically exist in any one place because of the fact that the ledger is maintained in an extremely distributed fashion and it does not fit neatly into any definition of property that has been established to date. On top of this, the nature of control over a UTXO is determined by a private key, which can be signed by the individual who created it, someone who gained access to it via nefarious means or someone who used a very powerful computer to guess it. When combined, these factors make it pretty clear — as Preston points out — that we are dealing with a peculiar beast.

I’m not really sure how things like taxes will change if and when a court in the U.S. or England sets a precedent that designates bitcoin as a new type of property, but I am inclined to agree that it makes sense for bitcoin to set a new precedent. Never before has humanity interacted with an asset of this type. Treating it the same as real estate, a precious metal or other types of physical property has never made sense to me, intuitively. To be clear, I think this is a positive thing for bitcoin. The fact that UTXOs truly don’t exist in one location but in a globally distributed ledger, and that you can store private keys in your head has always led me to believe that bitcoin is simply information — speech, in particular.

If bitcoin gets designated as speech that is exercised in no specific location but everywhere at once, I imagine it could decrease the ease with which any individual court within a relatively honest legal system in any particular jurisdiction could try to claim bitcoin as taxable within their borders. By defining this new type of property as something that someone has ownership over but not in a specific location, plausible deniability increases significantly, which makes it much harder to enforce local laws on bitcoin owners.

Read More

Bitcoin may eventually be labeled as a brand new type of property in the U.S. and U.K. because it doesn’t physically exist in any one specific location.

Author:

Marty Bent

Publish date:

Jul 29, 2022

Bitcoin may eventually be labeled as a brand new type of property in the U.S. and U.K. because it doesn’t physically exist in any one specific location.

The below is a direct excerpt of Marty’s Bent Issue #1243: “Is bitcoin the emergence of a new type of property in the eyes of the law?”Sign up for the newsletter here.

Preston Byrne puts forward a solid argument that bitcoin will eventually be labeled as a new type of property and its understanding could be different in the U.S. and England.

This is a very interesting blog post in which Preston Byrne expands on an idea he’s published since 2018: Bitcoin represents a new type of property and this will eventually be recognized by a court of law at some point in the future. If you’re looking for something to noodle over during this bear market, your Uncle Marty thinks this is a very stimulating exercise in attempting to understand how bitcoin is and probably should be viewed in the eyes of the courts.

As you can see above, bitcoin is truly unique as a type of property due to the fact that it doesn’t actually physically exist in any one place because of the fact that the ledger is maintained in an extremely distributed fashion and it does not fit neatly into any definition of property that has been established to date. On top of this, the nature of control over a UTXO is determined by a private key, which can be signed by the individual who created it, someone who gained access to it via nefarious means or someone who used a very powerful computer to guess it. When combined, these factors make it pretty clear — as Preston points out — that we are dealing with a peculiar beast.

I’m not really sure how things like taxes will change if and when a court in the U.S. or England sets a precedent that designates bitcoin as a new type of property, but I am inclined to agree that it makes sense for bitcoin to set a new precedent. Never before has humanity interacted with an asset of this type. Treating it the same as real estate, a precious metal or other types of physical property has never made sense to me, intuitively. To be clear, I think this is a positive thing for bitcoin. The fact that UTXOs truly don’t exist in one location but in a globally distributed ledger, and that you can store private keys in your head has always led me to believe that bitcoin is simply information — speech, in particular.

If bitcoin gets designated as speech that is exercised in no specific location but everywhere at once, I imagine it could decrease the ease with which any individual court within a relatively honest legal system in any particular jurisdiction could try to claim bitcoin as taxable within their borders. By defining this new type of property as something that someone has ownership over but not in a specific location, plausible deniability increases significantly, which makes it much harder to enforce local laws on bitcoin owners.

Bitcoin Magazine – Bitcoin News, Articles and Expert Insights

Recent Posts

Bitcoin shrugs off ETF outflows to trade above $84,000 as oil falls

Bitcoin is holding on to its weekend gains as oil trades lower. ETFs lost over…

6 hours ago

One year after 10/10 flash crash, bitcoin and ether liquidity have rebuilt, but altcoins still face risks

Bitcoin and ether order books are deeper than before the crash, while altcoin liquidity keeps…

2 days ago

Bitcoin’s $19 billion wake-up call: One-year later, has crypto learned anything?

One year after a flash crash wiped out billions in leveraged crypto bets, traders have…

2 days ago

Bitcoin’s volatility has plunged, but extreme price swings are more frequent than in 2018

CoinDesk analysis finds 10 unusually large trading days in 2026, raising questions about how investors…

2 days ago

Bitcoin Life Insurer Meanwhile Raises $37.5M as Wealthy Families Look to Pass On Their BTC

Bitcoin Magazine Bitcoin Life Insurer Meanwhile Raises $37.5M as Wealthy Families Look to Pass On…

2 days ago

Here’s How Not To Screw up Your Bitcoin Privacy

Bitcoin Magazine Here’s How Not To Screw up Your Bitcoin Privacy Just one transaction can…

3 days ago