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- U.S.
- Crypto
- Tax Prep
- Guide
- CryptoTaxPrep.com
- C r y p t o t a x p r e p . c o m U . S . C r y p t o T a x P r e p G u i d e
- Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 2
- 1. INTRODUCTION
- 2. WHAT IS CRYPTOCURRENCY
- 3. WHAT IS TAXABLE
- 4. FOREIGN-HELD ASSETS
- 5. CRYPTO GIFTS
- 6. POTENTIAL PENALTIES FOR NOT REPORTING
- 7. RECORD KEEPING
- 8. STAYING INFORMED
- 9. ABOUT HAPPY TAX
- TABLE OF CONTENTS
- LEGAL DISCLAIMER
- The information in this document is provided for informational purposes only. The information is not
- legal advice, and should not be treated as such. You must not rely on the information in this document
- as an alternative to legal advice from your attorney or other professional legal services provider. If you
- have any specific questions about any legal matter you should consult your attorney or other professional
- legal services provider. Use of and access to this document or any of the e-mail links contained herein
- do not create an attorney-client relationship between Happy Tax and the user or reader. The opinions
- expressed at or through this site are the opinions of the individual author and may not reflect the opinions
- of HappyTax or any individual at the firm.
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- INTRODUCTION
- Millions of people invest in cryptocurrencies, to the tune of billions of dollars in trading volume
- worldwide. With the increasing legitimacy of Bitcoin and other cryptocurrencies, these assets are
- becoming more and more popular in the investment world. However, most people aren’t sure what
- virtual currencies are, how they work, or how they impact their tax liability.
- If you’ve bought or sold cryptocurrency this year, you may be wondering how – or whether – you
- should report your earnings or losses to the IRS. A q ualified cryptocurrency accountant has the
- skills and expertise to guide you through the upcoming tax season in a manner that limits your tax
- exposure and gives you critical peace of mind about your financial security. The licensed Certified
- Public Accountants at Happy Tax have been trained on the latest rules and regulations affecting
- cryptocurrency investors, and the company has become a one-stop-shop for all of your needs this
- tax season.
- Before you dive in, however, here are some frequently asked questions that many cryptocurrency
- investors may want to consider.
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- WHAT IS CRYPTOCURRENCY
- Cryptocurrency – also known as digital currency, virtual currency, coins, or tokens – is a type of
- electronic payment. It doesn’t exist in physical forms, like traditional bills and coins, but it can be
- used to purchased goods and services.
- Some tokens are restricted to certain online communities, while others are increasingly available as
- retail payment methods in lieu of cash or credit cards. Many tokens have utility cases built around
- them to perform specific functions.
- They are referred to as cryptocurrency because it is built on cryptography which uses math to hide
- secrets. It has a history as old as the world but computing technology has really advanced its uses
- in recent years.
- WHAT IS TAXABLE
- In what year did cryptocurrency become taxable? The IRS has treated cryptocurrencies
- as taxable assets since 2014.
- Do I have to report cryptocurrency transactions to the IRS? Yes. Contrary to popular
- belief, you must report cryptocurrency sales and exchanges on your tax return. If you’ve bought
- or sold cryptocurrencies in the past tax year, you must include these transactions in your return.
- Are crypto-to-crypto trades or exchanges taxable? Yes, they are NOT excluded from
- taxation as like-kind exchanges. They are considered to be the exchange of one property for another,
- which is a taxable event.
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- What if I sell my coins or tokens for traditional money or buy something with
- my coins? Is that a taxable event? Yes, that is a taxable event.
- What about privacy coins? Are those taxable? Yes. It doesn’t matter if you’re on a private
- blockchain or using a coin that has enhanced privacy features like Dash or Monero. You must
- report transactions related to privacy coins on your return.
- Are mining earnings taxable? Yes, they are taxable as self-employment income. Mining
- is the decentralized service of approving transfers and updating registers. It is a service that is
- rewarded with value. The value of the coin needs to be reported at the time of receipt. You may
- also have a capital gain/loss on the coin at the time of sale.
- Can I write-off the cost of mining equipment? The equipment you buy will be
- depreciated like any business would depreciate their equipment. You can also write-off a portion
- of your electric bill and, depending on the space you are using, a portion of your depreciation for
- your home, etc. If you purchase a cloud mining contract it follows the same process. Your income
- gets reported and the cost to purchase the contract is your expense.
- Are profits from ICOs taxable? Regardless of the asset, the triggering tax event is when you
- sell it. If you purchase an ICO and hold it for years, you only report capital gains in the year you
- sell it.
- If my employers pay my wages in cryptocurrency, are my wages taxable? Yes,
- wages paid in virtual currency denominations are taxable to the employee. Typically, an employer
- must report the wages on a Form W-2, just like wage payments in traditional money. Virtual
- currency wages are subject to federal income tax withholding and payroll taxes.
- If I received cryptocurrency for work I did as an Independent Contractor, do I
- have to pay taxes? Yes, just like cryptocurrency wages, payments to independent contractors
- are subject to the same tax rules most of us are already familiar with. Digital currency payments
- to independent contractors are taxable as self-employment income. The person or business who
- contracted the work must issue a Form 1099 for any payments of $600 or more, and freelancers
- should report this income on a Form 1099-MISC.
- What value should I report as earnings -- the value at the time the payment
- was made or the current market value? Cryptocurrency wages, self-employment income,
- or other payments should be reported using the full fair market value of the cryptocurrency at
- the time the payment was made. So, for example, if you are paid one Bitcoin when the price was
- $10,000, but the price increased to $12,500 by the time you file your taxes, you report the income
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- as $10,000. The value you report as earnings becomes the cost basis to calculate the capital gains/
- losses when you later sell or exchange the coin.
- Are virtual currency winnings from gaming taxable? Yes, more and more gaming
- websites accept Bitcoin and other cryptocurrency and those winnings are taxable.
- Are gambling winnings taxable? Yes, cryptocurrency gambling winnings are taxable. In
- general, the IRS requires 25% of all gambling winnings to be withheld as taxes. Sometimes, the
- agency requires a “backup” withholding of 28%. Casinos and gaming sites may withhold these
- taxes for you. In these cases, they provide gamblers with a Form W-2G, which they use to report
- how much they won and how much tax was withheld. However, even if you don’t get a Form W-2G,
- you are responsible for reporting all gambling winnings to the IRS.
- If you’re a professional gambler, tax rules are slightly different. Professional gambling income
- is typically taxed at the effective income tax rate rather than the 25% applied to most gambling
- wins. In order to be sure of which tax rules affect your gambling income, be sure to consult with a
- qualified tax professional.
- For tax purposes, is there a difference between getting paid in cryptocurrency
- and trading cryptocurrency? Yes, the IRS characterizes cryptocurrency based on what you
- intend to do with it.
- How are cryptocurrency payments categorized for tax purposes? If you received
- cryptocurrency payments in a trade or business – like being paid for your services or for sales of
- intellectual or tangible property – they are taxed as income based on what the cryptocurrency was
- worth on the sale date.
- How are cryptocurrency trades categorized for tax purposes? If you’re trading
- cryptocurrency like stocks or other securities, then the capital gain and loss rules apply. In these
- cases, the IRS treats Bitcoin and other virtual currencies as intangible property , so cryptocurrency
- transactions follow the general principles of property taxation. So, for example, if you held it longer
- than a year, it’s a long-term gain that has more preferential treatment than short-term gains.
- Since the bottom two tax brackets pay 0% capital gains tax for lower income earners, this has made
- cryptocurrency an attractive option when it hits peaks and early adopters didn’t pay much for the
- first few issuances of Bitcoin and Ethereum.
- Short term capital gains are taxed at a higher ordinary income tax rate so any transactions of coins
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- that weren’t held for a year will cost you more in taxes.
- Tax rates are changing with the federal tax reform coming in 2018, so be sure that you’re up to date
- on how the new laws affect your investment.
- Do I have to pay taxes on coins I received due to a fork of another coin? No, these
- are treated like stock splits and no reporting is needed until you sell or swap the forked coins.
- Why does the IRS tax cryptocurrency as property rather than legal tender? In
- many ways, cryptocurrency operates just like legal tender. It can be exchanged, used for purchases,
- loaned out or given away. It is a store of value and a medium of exchange, but it is not considered
- legal tender in any U.S. jurisdiction.
- In the United States, the federal government is the only entity that can officially create money,
- and it has established the dollar as the legal tender. Unless Bitcoin or some other virtual currency
- legally replaces the U.S. dollar under federal law, it will be taxed as property or some other similar
- asset.
- If I make or take out a loan using cryptocurrency, does this impact my taxes?
- More financial services are available using Bitcoin and other cryptocurrencies every day. Like
- many of the more nuanced tax issues surrounding cryptocurrencies, your tax exposure depends on
- the details and circumstances of the loan. If you’ve made or taken out a loan using cryptocurrency,
- consult a specially-trained cryptocurrency accountant like the qualified professionals at Happy
- Tax to make sure you’re disclosing everything the IRS requires.
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- When do I have to pay taxes on cryptocurrency? So far, buying digital currency is not a
- taxable event in and of itself. But tax liability is triggered when you sell or trade a cryptocurrency.
- If your cryptocurrency investment drastically appreciates in value after purchase, your taxes won’t
- be affected until you sell. This applies regardless of whether you cash out for traditional currencies
- like U.S. Dollars or Euros or whether you trade one digital coin for another.
- Some traders are under the impression that cryptocurrency trades only become taxable if you
- convert your coins to traditional currencies, like U.S. Dollars or Euros. This is not the case.
- Rather, all digital money in your wallet or on an exchange after a sale is subject to potential tax
- liability.
- Do I have to pay taxes on cryptocurrency if I didn’t make any money on it this
- year? No, if you sold at a loss you can deduct up to $3,000 per year in capital losses until that loss
- has been used up. Harvesting losses is an effective way to cut your tax bill if you’re concerned about
- being pushed into a higher bracket as far as your other assets are concerned.
- It definitely can be a good idea to sell off any cryptocurrency that lost value if you’re hesitant to keep
- holding it, and if you have capital gains to offset it against as a year-end tax planning maneuver.
- Do I have to pay taxes on cryptocurrency that was stolen? No, investors are allowed
- to write-off cryptocurrency thefts and losses. In some cases, the deductions allowed by these losses
- can greatly reduce tax liability. This rule provides some peace of mind for the thousands of people
- impacted by internet fraud, but it also creates the temptation to try and game the system.
- Some investors may think it’s a good idea to pretend that their cryptocurrency was lost or stolen
- in order to try to hide them from the government and take advantage of related tax deductions.
- Aside from the ethical issues of such a strategy, lying to the IRS can land you in serious trouble.
- Depending on the circumstances, you can be hit with staggering fines and penalties or even jail
- time for intentional misrepresentation to the IRS.
- At what rate will my cryptocurrency investments be taxes? The exact rate at which
- your cryptocurrency investments are taxed vary based on criteria like how much other income
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- you’ve made that year and how long you held the asset.
- FOREIGN-HELD ASSETS
- How does the US regulate foreign-held assets? In the United States, people who hold
- funds in foreign bank accounts are subject to oversight by the Treasury Department’s Financial
- Crimes Enforcement Network, or “FinCEN.” FinCEN collects and reviews information about
- financial transactions in an effort to prevent the type of money laundering, terrorist financing, and
- several other dangerous financial crimes.
- Failing to file a Report of Foreign Bank Account (“FBAR”) is punishable by a penalty of up to
- $10,000 per violation, even if the omission was accidental. If the agency finds the omission to
- be intentional, these penalties jump to $100,000 or 50% of the foreign-held account balance,
- whichever is greater. There can even be criminal charges brought against you and potentially time
- in jail. It isn’t a subject you want to play with.
- What if I only trade crypto on foreign exchanges? Do I still have to pay taxes? As a US
- citizen you are required to report worldwide income. Every trade and sale generates taxable event
- where capital gains/losses needs to be calculated. Since they are in a foreign exchange, if you are
- over $10,000 in total you also have some additional reporting to do which has some serious fines
- if you ignore them.
- Do I need to pay taxes if I’m an expat and I’ve been living abroad all year? If you
- are a US citizen you are taxed on worldwide income. The fact that you are living overseas does
- open up the opportunity for a reduction in earned income but doesn’t impact your capital gains
- requirements. The foreign exchanges could trigger a FinCen 114 and FABR reporting requirement
- which can have some pretty heavy fines on them.
- Do I need to report my cryptocurrency to FinCEN? An FBAR must be filed if the
- aggregate balance in all covered foreign accounts exceeds $10,000. While there has been some
- unofficial guidance indicating that virtual currencies will not be subject to FBAR reporting for the
- current tax year, the penalties for even accidental non-compliance are extremely high. As a result,
- many investors prefer to err on the side of caution.
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- CRYPTO GIFTS
- How does the IRS treat charitable cryptocurrency gifts? If you give to a qualified
- charity, the IRS allows you to deduct the amount from your income tax. This is true whether you
- give cash or property, which is deducted at the full fair market value of the asset at the time. So,
- for example, if you buy a car for $15,000 and drive it for several years until it depreciates to $1,000
- before giving it away to charity, you can only deduct $1,000 from your federal income taxes.
- Since the IRS treats cryptocurrencies as property, you are generally allowed to deduct the full fair
- market value of your donation to a 501(c)(3)-certified charity. So, if you bought a Bitcoin when the
- price was $500 and then donated it to charity when it is worth $15,000, you should be entitled to
- a $15,000 charitable contribution deduction. Additionally, you may be able to avoid paying capital
- gain tax on the $14,500 your Bitcoin appreciated in value.
- Charitable giving is not only a great way to support causes important to you, it’s also a useful
- way to limit your tax liability. However, any claimed deduction must comply with IRS reporting
- and payment requirements. This is true regardless of whether you’ve made your donation using
- traditional money or cryptocurrency.
- Do the same tax benefits apply to cryptocurrency I give to family and friends?
- No, giving virtual currency to friends, family, or uncertified charities will not entitle you to a tax
- deduction. What’s more, if you make a gift of more than $15,000 in cryptocurrency – the annual
- exclusion allowed under the 2018 tax rules - you must file a gift tax return along with your other
- tax documents. However, for gifts under $15,000 in value, no additional reporting is required.
- POTENTIAL PENALTIES FOR NOT
- REPORTING
- What happens if I don’t report my cryptocurrency transactions to the IRS? Short
- answer: nothing good. Coinbase, the only cryptocurrency exchange licensed by U.S. regulatory
- agencies, recently battled the IRS over tax liability involving over 14,000 user accounts. The IRS is
- investigating Coinbase users for failing to report crypto-exchanges in the past few years.
- Depending on the circumstances, this may result in onerous penalties and interest for those that
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- didn’t report their transactions and profits.
- The IRS is using the same aggressive strategy with Coinbase investors it used to thwart tax
- evasion among Swiss banks. While Coinbase was the low-hanging fruit with respect to a federal
- enforcement case, other exchanges and cryptocurrency owners definitely will be next. So, a word
- to the wise: report those sales!
- What if I just move or hide my assets? Will the IRS be able to find them? Moving or hiding
- crypt assets is a dangerous game. While it may seem like a good idea at the time, avoiding tax
- liability by pretending your wallet was lost, stolen, or hacked can expose you to legal and financial
- liability in the future. The IRS has never been shy about flexing its enforcement muscle, and you
- never want to find yourself on the wrong end of a federal suit.
- Tax evasion is never ok, but smart tax planning is a good way to avoid excessive payments to the
- IRS. The skilled cryptocurrency accountants at Happy Tax can get you the tax advice and planning
- you need to minimize tax exposure on your virtual currency assets.
- What happened with Coinbase and the IRS this year? The IRS recently filed suit in
- federal court seeking retroactive tax assessments against millions of virtual currency holders. In
- the suit, the agency reported that it received only about 800 returns reporting Bitcoin-related gains
- or losses in 2015. Given that Coinbase currently has about 6 million active users, the IRS has
- argued that most cryptocurrency holders are under-reporting their investment income.
- Apparently, U.S. Federal Judge Jacqueline Scott Corley agrees; she ordered Coinbase – the largest
- Bitcoin exchange in the United States – to hand over information on over 14,000 user accounts to
- the IRS. Specifically, Coinbase must disclose the name, date of birth, address, and taxpayer ID of
- these customers, most of whom were the highest-volume traders between 2013 and 2015. These
- 14,000 account holders can now expect an IRS enforcement action any day now, including fees and
- penalties for failing to properly report their cryptocurrency income in the past.
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- RECORD KEEPING
- What is the best way to keep crypto records for tax purposes? Responsible
- recordkeeping is critical when it comes to reporting your cryptocurrency income, particularly as
- the IRS is ramping up enforcement against many Bitcoin users.
- Unlike most brokered securities, blockchain-based currencies don’t keep information that is
- automatically recorded and reported to the IRS. So good recordkeeping is the responsibility of
- you and your accountant. Cryptocurrency users should keep backup copies of all of their digital
- transactions.
- Having an accountant keep all of your records can give you peace of mind during an otherwise
- stressful tax season. The CPAs at Happy Tax are specially trained to handle cryptocurrency on your
- tax return, and they can advise you on what you’ll need to document your claims. With the help of
- the skilled professionals at Happy Tax , you won’t have to worry about what you’ll need come tax
- time.
- What sort of paperwork and records does the IRS require for cryptocurrency
- transactions? You don’t have to report when you make your initial actual purchase, but you
- should keep good records of how much you paid and how much it sold for. You then report the sale
- in the appropriate year’s tax return.
- STAYING INFORMED
- What is the best way to keep up with cryptocurrency tax laws? The IRS is creating
- new tax rules about Bitcoin and virtual currency every day. A cryptocurrency accountant can help
- make sure you stay abreast of new tax laws.
- Can I avoid paying taxes on cryptocurrency investments? Unfortunately for investors,
- the IRS is ramping up its efforts to collect Bitcoin taxes. Smart investors should consult with
- cryptocurrency accountants to make sure everything is above-board.
- How can Happy Tax help me with taxes? What services do they provide? Happy
- Tax offers tax advice and planning services specifically focused on the needs of cryptocurrency
- investors. Happy Tax employs the most skilled and experienced Certified Public Accountants
- (“CPA”) to prepare your tax returns in the way that minimizes the tax exposure of your virtual
- currency wallet.
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- ABOUT HAPPY TAX
- As the first and only national FinTech firm to offer bitcoin and crypto tax preparation and accounting,
- Happy Tax has the most experienced bitcoin and crypto tax preparation practice in the country.
- Their tax returns are 100% prepared by US-based licensed Certified Public Accountants, no fly by
- night tax preparers here. Clients include miners, day traders, casual investors, early adopters, and
- businesses accepting bitcoin as a payment method. Happy Tax prepare taxes for clients in all 50
- states.
- Expert CPA Prepared Returns
- Accuracy Guarantee
- 100% Free Audit Assistance
- Security is Built In
- Year Round Support
- Don’t risk misfiling or overpaying on your crypto return. If you’d like our help preparing your
- crypto tax returns, visit Happy Tax by clicking here or join our closed Facebook group to learn
- more.
- Free Anytime Tax Returns Access
- If I hire Happy Tax to help me with my accounting, will I be working with a
- bookkeeper or a CPA? Every Happy Tax customer works with a licensed Certified Public
- Accountant, not just a bookkeeper or unlicensed tax preparer. In addition, all Happy Tax CPAs
- have been trained in the rules and regulations specific to Bitcoin and other virtual currencies.
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