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Bitcoin and SA law

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With the rise in popularity of cryptocurrencies, and more particularly, Bitcoin, the question which isn’t immediately thought of by investors is: how do cryptocurrencies fit into your estate plan and have you accounted for them? KEZIA TALBOT, Legal Adviser, BDO Wealth Advisers sheds some light.

Whilst the Reserve Bank, in its Position Paper on cryptocurrencies, has determined that cryptocurrencies are not legal tender, this does not mean that the cryptocurrency which you own is not deemed to be an asset in your estate for all other purposes. Cryptocurrencies are, however, subject to the normal principles of income and capital gains tax, depending on the taxpayer’s intentions. Therefore, they will be treated as an asset in your estate for both executor’s fees and estate duty purposes, if your executor is even aware of the cryptocurrency which you own.

It would be tragic if, for instance, your entire estate comprised the ownership of several bitcoins, but your financial planner or attorney was not aware of this when assisting you with your estate planning and the drafting of your Will, and later on, when administering your estate, as this would result in your heirs receiving little to no inheritance, whilst your estate could be worth several hundreds of thousands of Rand.

Bearing in mind the anonymous nature of cryptocurrencies and the manner in which you hold ownership of the cryptocurrency, it would be virtually impossible for your executor to trace your holdings and properly account for them if they have not been brought to his or her attention. Furthermore, by not including your cryptocurrency in your estate plan, it will be likely that the liquidity calculations performed during estate planning will be inaccurate, thereby impacting on the estate administration process.

As the value of cryptocurrency, by its very nature, is volatile and not generally affected by the same events which affect traditional currencies, it will be difficult to calculate precisely what the effect on your estate will be, from a tax point of view. But this value should be assessed each time you meet with your financial planner, to determine the impact at that point.

So, how do you deal with cryptocurrency in your estate?

In order to understand this, it is necessary to go back to basics and understand how cryptocurrency transactions, and in this case, bitcoin transactions, work:

Satoshi Nakamoto, the creator/s of bitcoin, defines bitcoin as “a chain of digital signatures. Each owner transfers to the next by digitally signing a hash of the previous transaction and the public key of the next owner and adding these to the end of the coin. A payee can verify the signatures to verify the chain of ownership.”

Unlike traditional currencies, bitcoins do not exist in a physical form. Most bitcoin owners have bitcoin wallets, which reflect the value of your bitcoins.  In reality, however, the wallet contains the keys to your bitcoins.

As the keys are crucial for transferring ownership or spending your bitcoin, it is the keys which need to be protected and practically dealt with by your executor.

If a key is lost or no longer accessible, then, in essence, you will have lost your bitcoin.

The challenge, therefore, is to make your executor aware of your ownership of bitcoin and to ensure that he or she has access to the keys.

Without delving into the technical aspects of this discussion, a few options would be to: make a backup copy of your wallet and store same on an external hard drive, which your executor will know how to access, or ensure that you have transcribed the access details for the wallet in a separate document, addressed to your executor. Both the backup and/or the document setting out your access details for your wallet will need to be stored in a secure place, only identified to your spouse, executor or other trusted person, as these details are tantamount to your internet banking login details.

Lastly, it may be necessary to review your current Will or have a new Will drafted, in order to ensure that you have nominated an executor who would be comfortable dealing with these types of assets, and to ensure that your wishes regarding these and other assets, are correctly reflected.

Arts and Entertainment

Deezer to host Hotstix’s Mandela tribute playlist

Deezer is celebrating Nelson Mandela on the centenary of his birthday by hosting a tribute playlist created by music legend Sipho “Hotstix” Mabuse.  

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Mabuse, a legendary figure in African music, first rose to prominence in the 1970s with his band Harari and later developed a name for himself as a solo artist. One of his best known songs was the global hit BurnOut in the 1980s.

The playlist takes the listener on a captivating musical journey through the life of Nelson Mandela.  It was compiled by Mabuse, who consulted with Mandela’s family and friends to ensure that the music would be relevant and accurate. The playlist also features commentary by Mabuse, which was recorded in his Soweto home.  

“I have tried to tell the story of the music that Madiba loved,” says Mabuse. “The Playlist excludes the time in prison obviously, as Madiba would not have had exposure to music in that time.  We have focused on the music we know he loved before and after that period. This recording was really an emotional journey for me, but an incredible opportunity to document these memories.”

The playlist features the music the young Mandela loved, such as The Manhattan Brothers, Solomon Linda, Brenda Fassie and Miriam Makeba.  It includes struggle songs from Chicco, Johnny Clegg, Hugh Masekela and Yvonne Chaka Chaka.  The playlist also includes Mandela by Zahara, one of the younger artists who caught Madiba’s ear.

Mabuse also offers stories of his own songs, such as Shikisha, a song greatly beloved by the former President.

“I was delighted to share my thoughts and hope the listeners enjoyed the musical journey,” says Mabuse. “Madiba did enjoy music immensely and we all have a purpose wherever we are in the world to celebrate culture and to learn from different cultures and music forms and styles.”

This playlist was inspired by the Nelson Mandela 100 campaign, calling on corporates and individuals to act as sources of inspiration and engage in conversation and action.

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Sports streaming takes off

Live streaming of sports is coming of age as a mainstream method of viewing big games, as the latest FIFA World Cup figures from the UK show. Africa isn’t yet at the same level when it comes to the adoption of sports streaming, but usage is clearly moving in the right direction.

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England’s World Cup quarter-final against Sweden was watched by just under 20 million viewers in the UK via BBC One. While this traditional broadcast audience was huge, it was streaming that broke records: the game was the BBC’s most popular online-viewed live programme ever, with 3.8 million views. In Africa, the absolute numbers are lower but the trend towards streaming major sports events on the continent is also well under way.

According to DStv, live streaming of sports dominates the usage figures for its live and recorded TV streaming app, DStv Now. The number of people using the app in June was five times higher than a year ago, with concurrent views peaking during major football and rugby games.

Since the start of the World Cup, average weekday usage of DStv Now is up 60%. The absolute peak in concurrent usage for one event was reached on 26 June, during the Nigeria vs Argentina game. The app’s biggest ever test was on 16 June with both Springbok Rugby and World Cup Football under way at the same time, resulting in concurrent in-app views seven times higher than the peaks seen in June last year.

The World Cup has also been a major reason for new users to download and try out the app. First-time app user volumes have tripled on Android and doubled on iOS since the start of the tournament.

“While we expected live sports streaming to take off, it’s also been pleasing to see that the app is really popular for watching shows on Catch Up,” says MultiChoice South Africa Chief Operating Officer Mark Rayner. “Interestingly, some of the most popular Catch Up shows are local, with Isibaya, Binnelanders, The Queen and The River all getting a significant number of views.”

With respect to app usage, the web and Android apps are the most popular way to watch DStv Now, with Android outpacing iOS by a factor of 2:1.

“We’re continuing to develop DStv Now, with 4k streaming in testing and smart TV and Apple TV apps on their way shortly,” says Rayner. “The other key priority for us is working with the telcos to deliver mobile data propositions that make watching online painless and worry-free for our customers.”

The DStv Now app is free to all 10 million DStv customers in Africa. The app streams DStv live channels as well as supplying an extended Catch Up library. Two separate streams can be watched on different devices simultaneously, and content can also be downloaded to smartphones and tablets. The content available on the app varies according to the DStv package subscribed to.

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