Crypto Lawyer Questions U.S. Tax Exemptions for Global Projects

John Deaton, a prominent crypto lawyer, has raised critical questions regarding the proposed tax exemptions for U.S.-based cryptocurrency projects. His remarks focus on identifying which projects qualify for the proposed zero capital gains tax and the implications for companies with global affiliations.

In a recent tweet, Deaton discussed the ambiguity surrounding U.S.-based cryptocurrency projects. He questioned whether projects with operations or foundations abroad, such as Solana and Tezos, would meet the requirements for tax exemptions. Solana Labs, headquartered in San Francisco, operates under the Solana Foundation based in Switzerland, while Tezos was developed by U.S.-based Arthur and Kathleen Breitman but is governed by the Switzerland-based Tezos Foundation. Deaton's inquiry centers on whether such hybrid structures qualify as U.S.-based entities under the proposed tax policies.

John Deaton also pointed to cryptocurrencies like XRP, XLM, HBAR, AVAX, and XCH, which may face fewer jurisdictional hurdles. These projects meet the criteria on the surface, potentially positioning them to benefit from the zero capital gains tax. Moreover, Deaton emphasized the potential for tax incentives to drive broader adoption of cryptocurrencies as corporate treasury assets. He questioned whether companies adopting digital assets like XRP, XLM, and HBAR would gain a competitive edge under the proposed zero capital gains tax policy.

He also raised concerns about the treatment of foreign entities with U.S. operations, such as Hut 8, and their eligibility for tax benefits. Recently, the pro-XRP lawyer highlighted four key objectives for the White House Crypto Council. He urged its members to focus on critical areas like SAB 121, the establishment of a strategic Bitcoin reserve, crypto tax payments, and overarching crypto taxation policies.

John Deaton further explored how U.S.-based companies, including Ripple, Gemini, and ConsenSys, might benefit from the tax exemption if it applies to corporations. The tax breaks could incentivize these firms to expand their crypto holdings and encourage other companies to adopt cryptocurrency as a reserve asset. Deaton also addressed the status of Bitcoin miners like Riot Platforms and Marathon Digital Holdings. These U.S.-based miners might qualify for the exemption, but questions remain about companies like Hut 8 Corp, a Canadian entity with expanding operations in the U.S. John Deaton highlighted the need for clarity