晏律师的元宇宙

USDT Cross-Border Payment? Have You Stepped Into These 3 Tax Traps?

💡 Cold Knowledge 1: USDT payments may involve multiple taxes

- Real Case: A cross-border e-commerce seller received payment in USDT and was required by tax authorities to pay relevant taxes

- Legal Logic:
👉 Many countries recognize USDT as a 'virtual asset', and cross-border payment activities may be regarded as 'asset transfers', requiring the payment of relevant taxes
👉 If it involves cross-border transactions between China and the US, due to the CRS information exchange mechanism, Chinese sellers may need to report taxes to both countries simultaneously (subject to the specific tax laws of both countries)

🛡️ Cold Knowledge 2: USDT refunds carry risks

- Overseas Regulation: The EU MiCA regulations indicate that refunds related to virtual asset transactions must provide proof of the source of funds if there are suspicions of money laundering or if the amounts are large

- China Risk: In China, activities related to virtual currencies are considered illegal financial activities. Domestic USDT refund behaviors may not only violate relevant regulations but, if they involve the transfer of criminal proceeds, could also constitute 'concealment of criminal proceeds'

🌍 Cold Knowledge 3: USDT has become a key focus of customs supervision
- Data Reference: In recent years, there has been an upward trend in smuggling cases involving virtual currencies, with instances of large single-transaction amounts

- Legal Consequences:
👉 Violating customs regulations will face confiscation, fines, and other penalties (based on Article 82 of the Customs Law)

👉 If it involves illegal cross-border transfer of funds, it may be suspected of 'currency evasion', with a maximum sentence of over five years in prison

⚠️ Compliance Guidelines
1. Chinese Users Must Read:
- China clearly prohibits activities related to virtual currencies, including domestic USDT payments (based on notices from the central bank and ten other departments)
- Cross-border e-commerce can opt for compliant methods such as 'Digital RMB + legal cross-border payment channels' to complete transactions

2. Key Points for Overseas Operations:
- Retain transaction records for at least 5 years in accordance with local regulatory requirements (in compliance with anti-money laundering regulations)

- Conduct transactions through compliant platforms with legal licenses and report taxes as required

#Bitcoin #Blockchain #USDT #VirtualCurrency #Taxation #CrossBorderPayment #usdthk #MoneyLaundering #ConcealmentOfCriminalProceeds #CRS

Still hoarding coins waiting for a bull market? Smart people wouldn't do that!

🚨 The three fatal flaws of hoarding coins

1. Exploding time cost:
- The bull market may be delayed by 3 years
- Your assets are 'asleep' while others' money is already making money
2. Cash flow black hole:
- When the bear market comes, not only is there no income, but you may also lose 80%
- Hoarding coins is like locking money in a safe but losing the key
3. Cognitive disconnection:
- Institutions are playing with CeDeFi while retail investors are still waiting for the 'big player to push up the price'

💡 New thinking in the crypto world: Let assets 'work for you'

It's not about changing to a different coin, but about changing the way you play! Through compliant platforms, Bitcoin can:
✅ Stable returns: Custody with licensed institutions for annual returns
✅ Ecosystem participation: Stake in on-chain protocols, participate in ecosystem building (Note: DeFi operations are prohibited within China!)

Why is this a dimensional reduction strike?

- Institutional endorsement: Collaborating with institutions to introduce real asset returns like US stock dividends and gold leasing
- Legal protection: CeFi is regulated by the SEC (platform licensing needs to be verified)

💰 Asset allocation formula for smart people

Old thinking: 100% hoarding coins = roller coaster ride (too stressful)
New thinking:
70% BTC stable wealth management (choose a licensed platform)
20% compliant spot hedging
10% learning legal knowledge (to avoid pitfalls)

Achieve dual returns through the CeDeFi framework, but Chinese users need to pay attention:

1. Participation within the country is illegal financial activity (notification from ten departments of the central bank)
2. Overseas operations must retain 5 years of transaction records (anti-money laundering requirements)

⚠️ Compliance reminders from the legal department

1. China's red line: Any virtual currency trading, staking, or wealth management is illegal, and participation may lead to criminal liability
2. Overseas risks: Choose platforms that need to verify SEC/MiCA licenses, beware of 'high return' traps
3. Evidence preservation: Even for overseas operations, contracts and transaction records must be kept (to deal with cross-border judicial cooperation)

#NewThinkingInCrypto #InvestmentManagement #Blockchain #AntiMoneyLaundering #CeDeFi

🔍 New Risks of USDT: Have You Stepped on These Gray Areas?

💡 Cold Knowledge 1: New Tactics in USDT Over-the-Counter Trading

- New Trap: Scammers disguise themselves as "high-price coin buyers" and ask you to transfer USDT before making a payment. After receiving the coins, they immediately block you.
- Legal Qualification: Such behavior has been recognized as "fraud" by courts in many regions, with a maximum sentence of over 10 years in prison.
- Anti-fraud Guide:
① Only trade through licensed platforms.
② Verify the merchant's historical transaction records.

🛡️ Cold Knowledge 2: Is Your USDT Wallet Hiding Surveillance?

- Technical Truth: A well-known blockchain explorer has achieved "USDT transaction traceability," which can link real identities through transaction addresses.
- Legal Risks:
👉 If your account receives dirty money, it may be frozen even if you are unaware.
👉 Virtual currency transaction records can serve as criminal evidence.
- Safety Measures:
① Check address risk ratings with a blockchain explorer before each transaction.
② Create a "transaction-specific wallet."

🌍 Cold Knowledge 3: USDT Becomes a Major Tool for Money Laundering

- Shocking Data: The 2024 FATF report shows that 30% of USDT transactions globally involve money laundering (an increase of 15% year-on-year).
- Compliance Red Lines:
① Acting as an intermediary for others to receive and pay USDT carries significant risks.
② Corporate accounts receiving USDT carry significant risks.

⚠️ Emergency Reminder from Yanlu
USDT is not an "anonymous currency"! Every transaction may be tracked!

#Virtual Currency Risks #Anti-Money Laundering #Blockchain Law #Anti-Fraud Guide #钱包安全 #USDT

$ETH United States "Crypto Week" Three Major Bills, A New Legal Storm for Web3!

Hello everyone 👋, today let's talk about the super heavyweight event in the Web3 field - the United States "Crypto Week"!

From July 14 to 18, the U.S. Congress is experiencing a legislative storm during "Crypto Week", with three key bills: the "GENIUS Act", the "CLARITY Act", and the "Anti-CBDC Act" entering the final sprint phase!

💥 First, let's discuss the "GENIUS Act", which passed in the Senate on June 17 with a vote of 68 to 30.
- The core provision requires that stablecoins be 100% backed by cash or U.S. Treasury securities, prohibits algorithmic stablecoins, mandates monthly audits, and clarifies that stablecoins are not securities.

- What does this mean? Take the 2022 Terra/Luna collapse as an example, where $40 billion evaporated, causing a huge shock to the market. With the implementation of this bill, similar risks can be significantly reduced by enforcing monthly reserve audits and banning algorithmic stablecoins, making the stablecoin market more transparent and regulated.

- From a legal perspective, it establishes strict rules for the issuance and operation of stablecoins, ending the "Wild West" era of stablecoins. Issuers of stablecoins must comply with these regulations, or face severe penalties.

🧐 Now, let's take a look at the "CLARITY Act".
- Its core is to clearly delineate the jurisdiction between the SEC and CFTC, providing securities law exemptions for "mature blockchains" like Bitcoin and Ethereum. It also exempts four types of roles, including underlying protocol developers and node operators, from compliance obligations.

- This is a tremendous boon for developers in the Web3 industry. Previously, they were often handcuffed by legal risks, but with the exemptions provided by this bill, they can develop more confidently and drive industry innovation. DeFi projects like Uniswap have also gained legal protection due to this bill, reducing many legal concerns.

In summary, these three major bills in the U.S. represent a strategic shift for cryptocurrencies from "regulatory strangulation" to "framework cultivation". For Web3 practitioners and investors, it is essential to study these bills in depth, understand the legal provisions and potential risks, in order to navigate better in this ever-changing market.

#cryptocurrency #web3 #cryptobills #GENIUSAct #CLARITYAct #virtualcurrency #blockchain #AntiCBDCAct #Bitcoin #Ethereum

Caught?! Underground money house illegally using USDT?

On May 15, 2024, the Chengdu Public Security Bureau announced the resolution of a major underground money house case. The case involves an amount as high as 13.8 billion yuan, with a total of 193 criminal suspects arrested, and 149 million yuan of related funds frozen.

Beginning in November 2022, while handling a drug management obstruction case, the Chengdu Public Security Bureau unexpectedly discovered clues that the criminal suspects were conducting financial settlements through an underground money house, and began investigating the "2·27" money laundering case, dispatching teams to Shanghai, Changsha, Nanjing, Shenzhen, Fuzhou, Jinhua and other places to conduct arrests. A total of 25 criminal suspects were arrested, and a large number of bank cards, U-shields, and other payment tools were seized.

According to investigations, since January 2021, a criminal gang led by Lin, Weng, Chen and others has been using import and export business as a pretext to engage in illegal currency exchange and payment settlement activities using USDT Tether. The main clients served are those with capital transfer needs, involving smuggling of drugs, cosmetics, overseas asset purchases, and other fields.

Through further investigation, it was confirmed that the gang used USDT Tether to evade national foreign exchange supervision, providing illegal foreign exchange settlement services, which derived multiple criminal activities such as financial fraud, job-related crimes, drug management obstruction, and smuggling, posing a serious threat to national foreign exchange and financial security.

In determining the nature of the participants in the underground money house, consideration must be given to whether it is for profit and business purposes. The clients of the underground money house usually do not constitute the crime of illegal operation in law, as their actions do not possess the market transaction nature for profit, but rather are more for personal consumption or investment needs. If there is any risk involved, it is advisable to contact Lawyer Yan immediately to avoid suffering imprisonment due to ignorance of the law.
$BTC
#Case #Usdt #Tether #Arrest #PublicSecurity #Meeting #Criminal #Lawyer #CriminalLawyer #Bitcoin #VirtualCurrency #IllegalOperationCrime #IllegalForeignExchangeTrade #DrugManagementObstructionCrime #刑事案件

Was your cryptocurrency stolen or defrauded? Here's how to file a report effectively!

As a lawyer focused on web3, I find that many people blindly file reports after being robbed, missing the chance to recover their assets! Since the central bank's notification on September 24, successful case filings have been made in places like Shanghai and Guangdong. Remember these key actions👇

🔍 Where are the difficulties in the case? Understand these 4 major characteristics

- Technical complexity: Hackers use phishing/private key cracking to steal coins, and mixing services make money laundering hard to trace
- Strong cross-border nature: Over 60% of cases involve foreign exchanges, making judicial cooperation difficult
- High anonymity: Blockchain addresses are hard to associate with real people, and cold wallets circulate quickly
- Urgency of timing: 48-hour golden freezing period, recovery rate drops below 15% after 7 days

📝 Core steps to file a report:

👆 Must do within 24 hours: Preserve evidence

- Ownership evidence: Private keys/mnemonic phrases/wallet files, exchange KYC and binding information
- Keep records: Screenshots of blockchain transaction hashes + screen recordings, mark suspicious addresses
- Notarize: Notarize wallet balances, transaction records, and other electronic evidence

🚓 Report within 24-72 hours: Choose the right method

- Reporting location: Prioritize the place of the incident (platform registration location/server location) for economic investigation
- Material package: Filing application + transaction list + notarization + proof of value

💡 3 filing techniques

1. Provide similar case precedents (you can ask me)
2. Request police to investigate exchange KYC and IP records
3. Immediately apply for freezing of funds flowing into centralized platforms

⏰ Reference for recovery probability

- Reporting within 24 hours: Success rate of freezing > 70% (high cooperation from OKEx/Binance)
- Over 7 days: Recovery rate plummets, complex cases may take over 1 year

📌 Key point: Don’t file reports incorrectly on your own! Professional technical analysis of the fund flow + legal strategy is required.

(I am Lawyer Yan, focusing on cryptocurrency disputes. Feel free to chat in the comment section if you have questions~)
#被盗资金 #被骗了 #诈骗套路 #报警 #律师

$BTC
How can individuals safely navigate USDT? 5 cold facts

💡 Cold Fact 1: Don't use WeChat/Alipay to buy USDT!
- A painful lesson: Many frozen personal accounts are due to receiving money for 'over-the-counter transactions' via WeChat/Alipay.

🛡️ Cold Fact 2: Wallet ≠ Safe!
- Shocking data: Over $10 billion is lost globally each year due to private key leaks; a university student lost 500,000 USDT for forgetting their mnemonic phrase (report by blockchain security company PeckShield)
- Safety tips:
① Use cold wallets for large amounts, and hot wallets or exchanges for daily use.
② Verify the 'contract address' before each transaction to avoid phishing.

🌍 Cold Fact 3: USDT can be a 'cross-border spending tool'
- Hidden feature: In Southeast Asia, the Middle East, and other regions, some luxury stores accept USDT payments, offering better exchange rates than banks.
- Compliance tips:
① Choose merchants that support 'USDT settlement' (e.g., certain cross-border e-commerce platforms price directly in USDT).
② Keep consumption proof (electronic receipts + blockchain transaction records).

⚖️ Cold Fact 4: Holding USDT might also be illegal?
- Legal gray areas:
👉 Purchasing USDT on behalf of others may constitute 'illegal business operations' (2023 Hangzhou Internet Court case).
👉 Using USDT to buy game cheats may fall under 'aiding information network crime activities'.

📉 Cold Fact 5: How to legally stop losses when USDT plummets?
- Practical tips:
① Place sell orders through 'compliant platform OTC trading' (fund source review required).
② Exchange for 'Bitcoin or Ethereum' as a hedge.

⚠️ Yan Lu's honest words
USDT is not an 'extra-legal currency'! Every action from purchasing to using may trigger legal risks.
#VirtualCurrencyCompliance #USDTsecurity #AntiMoneyLaundering #CrossBorderConsumption #Bitcoin #USDTUSDT #Tether #Withdrawal #炒币

Will ETH break historical highs in 2025?

First, understand these 3 'hidden logics' in the crypto world:
1. Change in mechanism ≠ guaranteed value
The transition of ETH from PoW to PoS has indeed changed energy consumption and inflation models, but its essence remains a 'consensus-driven' speculative asset. Just like when you buy bubble tea, no matter how fancy the packaging is, the taste is what matters most; in the crypto world, when 'consensus' collapses (due to regulation or black swan events), prices will plummet — this logic has never changed.

2. New highs depend on the 'speed of passing the parcel'
To see new highs in 2025, we need to consider three points:
- Whether international capital is willing to 'continue the legacy' (the entry/exit of major institutions from Wall Street has a huge impact);
- Whether regulation will 'suddenly intervene' (the policies of the US and EU towards cryptocurrencies can reverse the market in an instant);
- Whether there are enough retail investors to take over (the essence of the crypto world is a zero-sum game; if someone profits, someone else loses).

3. Don't believe in the nonsense of 'only profits, no losses'
I've seen clients trading ETH, making millions in a bull market and then losing so much in a bear market that they had to sell their homes to pay off debts. The returns in the crypto world are high, but the risks are 'limitless' — exchange collapses, theft of private keys, policy bans, and there’s no place to seek justice.
#Bitcoin #web3 #Blockchain #USDT #ETH #Ethereum #Quantitative #VirtualCurrency #Trading #加密法案

The Hidden Uses of $USDT, Are You Brave Enough to Try?

💡 Cool Knowledge 1: The "Shortcut" of Cross-Border Payments Hides Risks

China's Red Line: Clearly Prohibited

According to the "Notice on Further Preventing and Dealing with Risks of Virtual Currency Trading Speculation", China defines activities related to virtual currencies as illegal financial activities. Using USDT for cross-border payments for tuition, goods, etc., is illegal.

Foreign Cases: Limited Compliance

Some overseas regions have limited compliance scenarios, such as Southeast Asian companies using licensed platforms to pay for international goods with USDT, which has low fees and quick transfers, but must comply with local MSB licensing and regulatory requirements.

🛡️ Cool Knowledge 2: The Arbitrage "Trap" in Price Fluctuations

China's Ban: Comprehensive Shutdown

China strictly prohibits any speculation on virtual currency trading. Arbitrage through USDT is considered illegal financial activity and is not protected by law.

International Regulation: Strict Restrictions

The U.S. and EU require arbitrage to be conducted through licensed institutions, prohibiting malicious market manipulation. High-frequency trading may trigger anti-money laundering reviews, and the risks for ordinary investors are extremely high.

🌍 Cool Knowledge 3: Compliance "Minefields" in Cross-Border Investment

China's Regulation: Zero Tolerance

Mainland China comprehensively prohibits the use of virtual currencies for cross-border investments. Participation in overseas investments such as U.S. stocks must go through formal channels like QDII.

Overseas Requirements: Licensing First

The U.S. requires trading to be conducted through SEC-regulated brokers, and Hong Kong requires operations by licensed SFC institutions. Using USDT to convert into digital dollars for investing in U.S. stocks must comply with local strict licensing and compliance processes.

Using USDT must strictly adhere to local regulations, steer clear of gray operations, and avoid legal risks.
#USDT #法律诉讼 #牌照 #跨境支付 #中国政策