Bitcoin Is A Possession, Not Property

Bitcoin Is A Possession, Not Property

Bitcoin, the world’s first decentralized digital currency, has gained significant attention and popularity since its inception in 2009. As more individuals and businesses embrace Bitcoin, questions arise regarding its legal status and classification. One such debate revolves around whether Bitcoin should be considered property or a possession. This article aims to explore the arguments supporting the notion that Bitcoin is a possession rather than property, backed by research, examples, and case studies.

Before delving into the specific arguments, it is essential to understand the legal framework surrounding Bitcoin. The classification of Bitcoin varies across jurisdictions, with some countries recognizing it as a legal currency, while others consider it a commodity or an asset. In the United States, the Internal Revenue Service (IRS) treats Bitcoin as property for tax purposes, which has significant implications for its legal status.

Bitcoin as a Possession

1. Lack of Physicality: One of the primary reasons Bitcoin is considered a possession rather than property is its intangible nature. Unlike traditional forms of property, such as real estate or vehicles, Bitcoin exists solely in digital form. It is a virtual asset that can be stored and transferred electronically. This lack of physicality makes it challenging to fit Bitcoin into the traditional legal definition of property.

2. Control and Possession: Another argument supporting the classification of Bitcoin as a possession is the level of control and possession individuals have over their Bitcoin holdings. Bitcoin owners have complete control over their digital wallets and private keys, which are necessary to access and transfer their Bitcoin. This level of control aligns more closely with the concept of possession rather than property, where ownership rights are often subject to external regulations and restrictions.

3. Personal Use and Consumption: Bitcoin’s primary purpose is to serve as a medium of exchange and store of value. Individuals acquire Bitcoin with the intention of using it for personal transactions or investment purposes. This aligns with the concept of possession, where individuals acquire items for personal use or consumption. Property, on the other hand, typically refers to assets that are acquired for investment or income-generating purposes.

Case Studies and Examples

1. Mt. Gox Bankruptcy: The Mt. Gox incident, one of the most significant Bitcoin exchange failures, provides a compelling case study supporting the argument that Bitcoin is a possession. In 2014, Mt. Gox, a prominent Bitcoin exchange, filed for bankruptcy after losing approximately 850,000 Bitcoins belonging to its customers. The bankruptcy proceedings treated the lost Bitcoins as possessions, compensating the affected individuals based on the value of their lost Bitcoin holdings at the time of the incident.

2. Legal Disputes: Several legal disputes involving Bitcoin have further highlighted the possession-like nature of the cryptocurrency. In a notable case, a Canadian court ruled that Bitcoin should be considered a commodity rather than a currency, emphasizing its possession-like characteristics. This ruling acknowledged that Bitcoin can be bought, sold, and possessed, similar to other commodities.


While the arguments presented above support the notion that Bitcoin is a possession, it is important to acknowledge counterarguments that consider Bitcoin as property:

1. Legal Recognition: Some jurisdictions, such as the United Kingdom, recognize Bitcoin as property for legal purposes. This recognition provides individuals with legal protections and rights associated with property ownership.

2. Investment and Income Generation: Many individuals acquire Bitcoin as an investment, aiming to generate profits through price appreciation or trading activities. This investment-oriented approach aligns more closely with the concept of property, where assets are acquired for income generation.


While the legal classification of Bitcoin as property or a possession may vary across jurisdictions, the arguments presented in this article support the notion that Bitcoin is more akin to a possession. Its intangible nature, the level of control and possession individuals have over their Bitcoin holdings, and its primary purpose as a medium of exchange and store of value all contribute to this classification. However, it is crucial to recognize that legal frameworks and interpretations may differ, and the classification of Bitcoin may evolve over time as regulators and courts further analyze its characteristics and implications.

In summary, Bitcoin’s unique characteristics challenge traditional notions of property, leading to a debate over its legal classification. While some argue that Bitcoin should be considered property due to its investment potential, the lack of physicality, control and possession, and its primary purpose as a medium of exchange and store of value support the argument that Bitcoin is a possession. Understanding the legal framework and the nuances surrounding Bitcoin’s classification is crucial for individuals, businesses, and regulators navigating the evolving landscape of digital currencies.

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