Análise da complexidade do enquadramento jurídico e tributário do Tether Dólar (USDT) para fins de incidência do Imposto sobre Operações Financeiras (IOF)

Abstract

The present study aims to address the taxation of crypto-assets, with a focus on Tether Dollar, and the challenges that this new class of digital assets imposes on the Brazilian tax system. The central objective of the study is to analyze how the Tax on Financial Transactions (IOF) can be appropriately applied to transactions involving crypto assets, considering their unique characteristics and the need for effective regulation. The method used includes a bibliographic and documentary review, examining existing legislation, doctrines, and case law, along with a critical analysis of current fiscal policies adopted in relation to crypto-assets. The study also considers the legal nature of Tether Dollar, aiming to understand whether it should be treated as currency, a security, or another type of asset, a fundamental issue in defining tax liability. The results indicate that, although Brazil has made progress in regulating cryptocurrencies, significant gaps still exist regarding legal clarity and the application of taxes on these transactions. The conclusions point to the need for clearer regulations, better aligned with the digital market reality, ensuring both revenue collection and legal certainty for investors, while avoiding regulatory loopholes and uncertainties in the market.