Well, I agree that they would certainly try to change that eventually if they found too many people using that loophole. But cryptocurrencies are still new enough and not so well understood that there may be something in the language which would allow people to bypass it for now.
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I did some reading quickly, but I believe that the argument that you propose using is the same argument that some places are trying to use to criminalise Cryptocurrency. Sadly, I do not think so..