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Consensus mechanisms

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Consensus is the procedure by which the participants settle on the next block. Two families dominate. Proof of work requires a participant (a miner) to expend computation to earn the right to propose a block. Proof of stake requires a participant (a validator) to lock up tokens as a bond and selects proposers in proportion to the stake. Misbehaviour under proof of stake is punished by destroying part of the bond, which the protocols call slashing.

A lawyer meets consensus in four contexts. The first is the tax treatment of rewards. A miner receives new coins and fees for computational work, which both the Swiss Federal Tax Administration (FTA; ESTV) and Singapore's IRAS treat as income when the activity is a trade or business.1 The second is the regulatory treatment of staking services, examined below under custody and in Part E, Chapter VIII. The third is liability for the network's conduct, which Part D, Chapter VII and Part J, Chapter VI consider for validators. The fourth is sanctions and criminal law, because a validator who includes a transaction from a sanctioned address may be said to have processed it. None of these questions can be answered without knowing which mechanism the network uses.

FeatureProof of work (Bitcoin)Proof of stake (Ethereum since 2022)Permissioned (Hyperledger Fabric, Corda)
Who proposes blocksMiners who solve a computational puzzleValidators chosen by stakePre-approved nodes
RewardBlock subsidy plus feesIssuance plus fees plus priority tipsUsually none
Penalty for misconductWasted energy costSlashing of staked tokensContractual and governance sanctions
Reversal possibleOnly by majority of hash powerOnly by supermajority of stakeBy the operator or consortium
Legal person identifiableRarelyRarely for solo validators, often for staking providersAlways
Typical use in this bookBitcoin custody, tracingStaking, DeFi, tokenised assetsBank consortia, SDX, Project Guardian pilots

Notes

  1. FTA, Working paper on cryptocurrencies and initial coin/token offerings as subject of wealth, income and profit tax, withholding tax and stamp duties, version of 14 December 2021, section 3.3 (mining and staking as taxable income); IRAS, e-Tax Guide "Income Tax Treatment of Digital Tokens", first published 17 April 2020, section 7 on mining. See Parts G and M. ↩

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

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SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.