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US Crypto Tax Prep Guide

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  1. U.S.
  2. Crypto
  3. Tax Prep
  4. Guide
  5.  
  6. CryptoTaxPrep.com
  7.  
  8.  
  9. 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
  10.  
  11. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 2
  12.  
  13. 1. INTRODUCTION
  14. 2. WHAT IS CRYPTOCURRENCY
  15. 3. WHAT IS TAXABLE
  16. 4. FOREIGN-HELD ASSETS
  17. 5. CRYPTO GIFTS
  18. 6. POTENTIAL PENALTIES FOR NOT REPORTING
  19. 7. RECORD KEEPING
  20. 8. STAYING INFORMED
  21. 9. ABOUT HAPPY TAX
  22.  
  23. TABLE OF CONTENTS
  24.  
  25. LEGAL DISCLAIMER
  26. The information in this document is provided for informational purposes only. The information is not
  27. legal advice, and should not be treated as such. You must not rely on the information in this document
  28. as an alternative to legal advice from your attorney or other professional legal services provider. If you
  29. have any specific questions about any legal matter you should consult your attorney or other professional
  30. legal services provider. Use of and access to this document or any of the e-mail links contained herein
  31. do not create an attorney-client relationship between Happy Tax and the user or reader. The opinions
  32. expressed at or through this site are the opinions of the individual author and may not reflect the opinions
  33. of HappyTax or any individual at the firm.
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  38. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 3
  39.  
  40. INTRODUCTION
  41. Millions of people invest in cryptocurrencies, to the tune of billions of dollars in trading volume
  42. worldwide. With the increasing legitimacy of Bitcoin and other cryptocurrencies, these assets are
  43. becoming more and more popular in the investment world. However, most people aren’t sure what
  44. virtual currencies are, how they work, or how they impact their tax liability.
  45. If you’ve bought or sold cryptocurrency this year, you may be wondering how – or whether – you
  46. should report your earnings or losses to the IRS. A q ualified cryptocurrency accountant has the
  47. skills and expertise to guide you through the upcoming tax season in a manner that limits your tax
  48. exposure and gives you critical peace of mind about your financial security. The licensed Certified
  49. Public Accountants at Happy Tax have been trained on the latest rules and regulations affecting
  50. cryptocurrency investors, and the company has become a one-stop-shop for all of your needs this
  51. tax season.
  52. Before you dive in, however, here are some frequently asked questions that many cryptocurrency
  53. investors may want to consider.
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  57.  
  58. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 4
  59.  
  60. WHAT IS CRYPTOCURRENCY
  61. Cryptocurrency – also known as digital currency, virtual currency, coins, or tokens – is a type of
  62. electronic payment. It doesn’t exist in physical forms, like traditional bills and coins, but it can be
  63. used to purchased goods and services.
  64. Some tokens are restricted to certain online communities, while others are increasingly available as
  65. retail payment methods in lieu of cash or credit cards. Many tokens have utility cases built around
  66. them to perform specific functions.
  67. They are referred to as cryptocurrency because it is built on cryptography which uses math to hide
  68. secrets. It has a history as old as the world but computing technology has really advanced its uses
  69. in recent years.
  70.  
  71. WHAT IS TAXABLE
  72. In what year did cryptocurrency become taxable? The IRS has treated cryptocurrencies
  73. as taxable assets since 2014.
  74. Do I have to report cryptocurrency transactions to the IRS? Yes. Contrary to popular
  75. belief, you must report cryptocurrency sales and exchanges on your tax return. If you’ve bought
  76. or sold cryptocurrencies in the past tax year, you must include these transactions in your return.
  77. Are crypto-to-crypto trades or exchanges taxable? Yes, they are NOT excluded from
  78. taxation as like-kind exchanges. They are considered to be the exchange of one property for another,
  79. which is a taxable event.
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  83.  
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  85.  
  86. What if I sell my coins or tokens for traditional money or buy something with
  87. my coins? Is that a taxable event? Yes, that is a taxable event.
  88. What about privacy coins? Are those taxable? Yes. It doesn’t matter if you’re on a private
  89. blockchain or using a coin that has enhanced privacy features like Dash or Monero. You must
  90. report transactions related to privacy coins on your return.
  91. Are mining earnings taxable? Yes, they are taxable as self-employment income. Mining
  92. is the decentralized service of approving transfers and updating registers. It is a service that is
  93. rewarded with value. The value of the coin needs to be reported at the time of receipt. You may
  94. also have a capital gain/loss on the coin at the time of sale.
  95. Can I write-off the cost of mining equipment? The equipment you buy will be
  96. depreciated like any business would depreciate their equipment. You can also write-off a portion
  97. of your electric bill and, depending on the space you are using, a portion of your depreciation for
  98. your home, etc. If you purchase a cloud mining contract it follows the same process. Your income
  99. gets reported and the cost to purchase the contract is your expense.
  100. Are profits from ICOs taxable? Regardless of the asset, the triggering tax event is when you
  101. sell it. If you purchase an ICO and hold it for years, you only report capital gains in the year you
  102. sell it.
  103. If my employers pay my wages in cryptocurrency, are my wages taxable? Yes,
  104. wages paid in virtual currency denominations are taxable to the employee. Typically, an employer
  105. must report the wages on a Form W-2, just like wage payments in traditional money. Virtual
  106. currency wages are subject to federal income tax withholding and payroll taxes.
  107. If I received cryptocurrency for work I did as an Independent Contractor, do I
  108. have to pay taxes? Yes, just like cryptocurrency wages, payments to independent contractors
  109. are subject to the same tax rules most of us are already familiar with. Digital currency payments
  110. to independent contractors are taxable as self-employment income. The person or business who
  111. contracted the work must issue a Form 1099 for any payments of $600 or more, and freelancers
  112. should report this income on a Form 1099-MISC.
  113. What value should I report as earnings -- the value at the time the payment
  114. was made or the current market value? Cryptocurrency wages, self-employment income,
  115. or other payments should be reported using the full fair market value of the cryptocurrency at
  116. the time the payment was made. So, for example, if you are paid one Bitcoin when the price was
  117. $10,000, but the price increased to $12,500 by the time you file your taxes, you report the income
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  123.  
  124. as $10,000. The value you report as earnings becomes the cost basis to calculate the capital gains/
  125. losses when you later sell or exchange the coin.
  126. Are virtual currency winnings from gaming taxable? Yes, more and more gaming
  127. websites accept Bitcoin and other cryptocurrency and those winnings are taxable.
  128. Are gambling winnings taxable? Yes, cryptocurrency gambling winnings are taxable. In
  129. general, the IRS requires 25% of all gambling winnings to be withheld as taxes. Sometimes, the
  130. agency requires a “backup” withholding of 28%. Casinos and gaming sites may withhold these
  131. taxes for you. In these cases, they provide gamblers with a Form W-2G, which they use to report
  132. how much they won and how much tax was withheld. However, even if you don’t get a Form W-2G,
  133. you are responsible for reporting all gambling winnings to the IRS.
  134. If you’re a professional gambler, tax rules are slightly different. Professional gambling income
  135. is typically taxed at the effective income tax rate rather than the 25% applied to most gambling
  136. wins. In order to be sure of which tax rules affect your gambling income, be sure to consult with a
  137. qualified tax professional.
  138. For tax purposes, is there a difference between getting paid in cryptocurrency
  139. and trading cryptocurrency? Yes, the IRS characterizes cryptocurrency based on what you
  140. intend to do with it.
  141. How are cryptocurrency payments categorized for tax purposes? If you received
  142. cryptocurrency payments in a trade or business – like being paid for your services or for sales of
  143. intellectual or tangible property – they are taxed as income based on what the cryptocurrency was
  144. worth on the sale date.
  145. How are cryptocurrency trades categorized for tax purposes? If you’re trading
  146. cryptocurrency like stocks or other securities, then the capital gain and loss rules apply. In these
  147. cases, the IRS treats Bitcoin and other virtual currencies as intangible property , so cryptocurrency
  148. transactions follow the general principles of property taxation. So, for example, if you held it longer
  149. than a year, it’s a long-term gain that has more preferential treatment than short-term gains.
  150. Since the bottom two tax brackets pay 0% capital gains tax for lower income earners, this has made
  151. cryptocurrency an attractive option when it hits peaks and early adopters didn’t pay much for the
  152. first few issuances of Bitcoin and Ethereum.
  153. Short term capital gains are taxed at a higher ordinary income tax rate so any transactions of coins
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  159.  
  160. that weren’t held for a year will cost you more in taxes.
  161. Tax rates are changing with the federal tax reform coming in 2018, so be sure that you’re up to date
  162. on how the new laws affect your investment.
  163. Do I have to pay taxes on coins I received due to a fork of another coin? No, these
  164. are treated like stock splits and no reporting is needed until you sell or swap the forked coins.
  165. Why does the IRS tax cryptocurrency as property rather than legal tender? In
  166. many ways, cryptocurrency operates just like legal tender. It can be exchanged, used for purchases,
  167. loaned out or given away. It is a store of value and a medium of exchange, but it is not considered
  168. legal tender in any U.S. jurisdiction.
  169. In the United States, the federal government is the only entity that can officially create money,
  170. and it has established the dollar as the legal tender. Unless Bitcoin or some other virtual currency
  171. legally replaces the U.S. dollar under federal law, it will be taxed as property or some other similar
  172. asset.
  173. If I make or take out a loan using cryptocurrency, does this impact my taxes?
  174. More financial services are available using Bitcoin and other cryptocurrencies every day. Like
  175. many of the more nuanced tax issues surrounding cryptocurrencies, your tax exposure depends on
  176. the details and circumstances of the loan. If you’ve made or taken out a loan using cryptocurrency,
  177. consult a specially-trained cryptocurrency accountant like the qualified professionals at Happy
  178. Tax to make sure you’re disclosing everything the IRS requires.
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  184.  
  185. When do I have to pay taxes on cryptocurrency? So far, buying digital currency is not a
  186. taxable event in and of itself. But tax liability is triggered when you sell or trade a cryptocurrency.
  187. If your cryptocurrency investment drastically appreciates in value after purchase, your taxes won’t
  188. be affected until you sell. This applies regardless of whether you cash out for traditional currencies
  189. like U.S. Dollars or Euros or whether you trade one digital coin for another.
  190. Some traders are under the impression that cryptocurrency trades only become taxable if you
  191. convert your coins to traditional currencies, like U.S. Dollars or Euros. This is not the case.
  192. Rather, all digital money in your wallet or on an exchange after a sale is subject to potential tax
  193. liability.
  194. Do I have to pay taxes on cryptocurrency if I didn’t make any money on it this
  195. year? No, if you sold at a loss you can deduct up to $3,000 per year in capital losses until that loss
  196. has been used up. Harvesting losses is an effective way to cut your tax bill if you’re concerned about
  197. being pushed into a higher bracket as far as your other assets are concerned.
  198. It definitely can be a good idea to sell off any cryptocurrency that lost value if you’re hesitant to keep
  199. holding it, and if you have capital gains to offset it against as a year-end tax planning maneuver.
  200. Do I have to pay taxes on cryptocurrency that was stolen? No, investors are allowed
  201. to write-off cryptocurrency thefts and losses. In some cases, the deductions allowed by these losses
  202. can greatly reduce tax liability. This rule provides some peace of mind for the thousands of people
  203. impacted by internet fraud, but it also creates the temptation to try and game the system.
  204. Some investors may think it’s a good idea to pretend that their cryptocurrency was lost or stolen
  205. in order to try to hide them from the government and take advantage of related tax deductions.
  206. Aside from the ethical issues of such a strategy, lying to the IRS can land you in serious trouble.
  207. Depending on the circumstances, you can be hit with staggering fines and penalties or even jail
  208. time for intentional misrepresentation to the IRS.
  209. At what rate will my cryptocurrency investments be taxes? The exact rate at which
  210. your cryptocurrency investments are taxed vary based on criteria like how much other income
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  216.  
  217. you’ve made that year and how long you held the asset.
  218.  
  219. FOREIGN-HELD ASSETS
  220. How does the US regulate foreign-held assets? In the United States, people who hold
  221. funds in foreign bank accounts are subject to oversight by the Treasury Department’s Financial
  222. Crimes Enforcement Network, or “FinCEN.” FinCEN collects and reviews information about
  223. financial transactions in an effort to prevent the type of money laundering, terrorist financing, and
  224. several other dangerous financial crimes.
  225. Failing to file a Report of Foreign Bank Account (“FBAR”) is punishable by a penalty of up to
  226. $10,000 per violation, even if the omission was accidental. If the agency finds the omission to
  227. be intentional, these penalties jump to $100,000 or 50% of the foreign-held account balance,
  228. whichever is greater. There can even be criminal charges brought against you and potentially time
  229. in jail. It isn’t a subject you want to play with.
  230. What if I only trade crypto on foreign exchanges? Do I still have to pay taxes? As a US
  231. citizen you are required to report worldwide income. Every trade and sale generates taxable event
  232. where capital gains/losses needs to be calculated. Since they are in a foreign exchange, if you are
  233. over $10,000 in total you also have some additional reporting to do which has some serious fines
  234. if you ignore them.
  235. Do I need to pay taxes if I’m an expat and I’ve been living abroad all year? If you
  236. are a US citizen you are taxed on worldwide income. The fact that you are living overseas does
  237. open up the opportunity for a reduction in earned income but doesn’t impact your capital gains
  238. requirements. The foreign exchanges could trigger a FinCen 114 and FABR reporting requirement
  239. which can have some pretty heavy fines on them.
  240. Do I need to report my cryptocurrency to FinCEN? An FBAR must be filed if the
  241. aggregate balance in all covered foreign accounts exceeds $10,000. While there has been some
  242. unofficial guidance indicating that virtual currencies will not be subject to FBAR reporting for the
  243. current tax year, the penalties for even accidental non-compliance are extremely high. As a result,
  244. many investors prefer to err on the side of caution.
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  248.  
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  250.  
  251. CRYPTO GIFTS
  252. How does the IRS treat charitable cryptocurrency gifts? If you give to a qualified
  253. charity, the IRS allows you to deduct the amount from your income tax. This is true whether you
  254. give cash or property, which is deducted at the full fair market value of the asset at the time. So,
  255. for example, if you buy a car for $15,000 and drive it for several years until it depreciates to $1,000
  256. before giving it away to charity, you can only deduct $1,000 from your federal income taxes.
  257. Since the IRS treats cryptocurrencies as property, you are generally allowed to deduct the full fair
  258. market value of your donation to a 501(c)(3)-certified charity. So, if you bought a Bitcoin when the
  259. price was $500 and then donated it to charity when it is worth $15,000, you should be entitled to
  260. a $15,000 charitable contribution deduction. Additionally, you may be able to avoid paying capital
  261. gain tax on the $14,500 your Bitcoin appreciated in value.
  262. Charitable giving is not only a great way to support causes important to you, it’s also a useful
  263. way to limit your tax liability. However, any claimed deduction must comply with IRS reporting
  264. and payment requirements. This is true regardless of whether you’ve made your donation using
  265. traditional money or cryptocurrency.
  266. Do the same tax benefits apply to cryptocurrency I give to family and friends?
  267. No, giving virtual currency to friends, family, or uncertified charities will not entitle you to a tax
  268. deduction. What’s more, if you make a gift of more than $15,000 in cryptocurrency – the annual
  269. exclusion allowed under the 2018 tax rules - you must file a gift tax return along with your other
  270. tax documents. However, for gifts under $15,000 in value, no additional reporting is required.
  271.  
  272. POTENTIAL PENALTIES FOR NOT
  273. REPORTING
  274. What happens if I don’t report my cryptocurrency transactions to the IRS? Short
  275. answer: nothing good. Coinbase, the only cryptocurrency exchange licensed by U.S. regulatory
  276. agencies, recently battled the IRS over tax liability involving over 14,000 user accounts. The IRS is
  277. investigating Coinbase users for failing to report crypto-exchanges in the past few years.
  278. Depending on the circumstances, this may result in onerous penalties and interest for those that
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  282.  
  283. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 11
  284.  
  285. didn’t report their transactions and profits.
  286. The IRS is using the same aggressive strategy with Coinbase investors it used to thwart tax
  287. evasion among Swiss banks. While Coinbase was the low-hanging fruit with respect to a federal
  288. enforcement case, other exchanges and cryptocurrency owners definitely will be next. So, a word
  289. to the wise: report those sales!
  290. What if I just move or hide my assets? Will the IRS be able to find them? Moving or hiding
  291. crypt assets is a dangerous game. While it may seem like a good idea at the time, avoiding tax
  292. liability by pretending your wallet was lost, stolen, or hacked can expose you to legal and financial
  293. liability in the future. The IRS has never been shy about flexing its enforcement muscle, and you
  294. never want to find yourself on the wrong end of a federal suit.
  295. Tax evasion is never ok, but smart tax planning is a good way to avoid excessive payments to the
  296. IRS. The skilled cryptocurrency accountants at Happy Tax can get you the tax advice and planning
  297. you need to minimize tax exposure on your virtual currency assets.
  298. What happened with Coinbase and the IRS this year? The IRS recently filed suit in
  299. federal court seeking retroactive tax assessments against millions of virtual currency holders. In
  300. the suit, the agency reported that it received only about 800 returns reporting Bitcoin-related gains
  301. or losses in 2015. Given that Coinbase currently has about 6 million active users, the IRS has
  302. argued that most cryptocurrency holders are under-reporting their investment income.
  303. Apparently, U.S. Federal Judge Jacqueline Scott Corley agrees; she ordered Coinbase – the largest
  304. Bitcoin exchange in the United States – to hand over information on over 14,000 user accounts to
  305. the IRS. Specifically, Coinbase must disclose the name, date of birth, address, and taxpayer ID of
  306. these customers, most of whom were the highest-volume traders between 2013 and 2015. These
  307. 14,000 account holders can now expect an IRS enforcement action any day now, including fees and
  308. penalties for failing to properly report their cryptocurrency income in the past.
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  312.  
  313. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 12
  314.  
  315. RECORD KEEPING
  316. What is the best way to keep crypto records for tax purposes? Responsible
  317. recordkeeping is critical when it comes to reporting your cryptocurrency income, particularly as
  318. the IRS is ramping up enforcement against many Bitcoin users.
  319. Unlike most brokered securities, blockchain-based currencies don’t keep information that is
  320. automatically recorded and reported to the IRS. So good recordkeeping is the responsibility of
  321. you and your accountant. Cryptocurrency users should keep backup copies of all of their digital
  322. transactions.
  323. Having an accountant keep all of your records can give you peace of mind during an otherwise
  324. stressful tax season. The CPAs at Happy Tax are specially trained to handle cryptocurrency on your
  325. tax return, and they can advise you on what you’ll need to document your claims. With the help of
  326. the skilled professionals at Happy Tax , you won’t have to worry about what you’ll need come tax
  327. time.
  328. What sort of paperwork and records does the IRS require for cryptocurrency
  329. transactions? You don’t have to report when you make your initial actual purchase, but you
  330. should keep good records of how much you paid and how much it sold for. You then report the sale
  331. in the appropriate year’s tax return.
  332. STAYING INFORMED
  333. What is the best way to keep up with cryptocurrency tax laws? The IRS is creating
  334. new tax rules about Bitcoin and virtual currency every day. A cryptocurrency accountant can help
  335. make sure you stay abreast of new tax laws.
  336. Can I avoid paying taxes on cryptocurrency investments? Unfortunately for investors,
  337. the IRS is ramping up its efforts to collect Bitcoin taxes. Smart investors should consult with
  338. cryptocurrency accountants to make sure everything is above-board.
  339. How can Happy Tax help me with taxes? What services do they provide? Happy
  340. Tax offers tax advice and planning services specifically focused on the needs of cryptocurrency
  341. investors. Happy Tax employs the most skilled and experienced Certified Public Accountants
  342. (“CPA”) to prepare your tax returns in the way that minimizes the tax exposure of your virtual
  343. currency wallet.
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  347.  
  348. Join our Facebook conversation: https://www.facebook.com/groups/cryptotaxsupport/ 13
  349.  
  350. ABOUT HAPPY TAX
  351. As the first and only national FinTech firm to offer bitcoin and crypto tax preparation and accounting,
  352. Happy Tax has the most experienced bitcoin and crypto tax preparation practice in the country.
  353. Their tax returns are 100% prepared by US-based licensed Certified Public Accountants, no fly by
  354. night tax preparers here. Clients include miners, day traders, casual investors, early adopters, and
  355. businesses accepting bitcoin as a payment method. Happy Tax prepare taxes for clients in all 50
  356. states.
  357. Expert CPA Prepared Returns
  358. Accuracy Guarantee
  359. 100% Free Audit Assistance
  360. Security is Built In
  361. Year Round Support
  362.  
  363. Don’t risk misfiling or overpaying on your crypto return. If you’d like our help preparing your
  364. crypto tax returns, visit Happy Tax by clicking here or join our closed Facebook group to learn
  365. more.
  366.  
  367. Free Anytime Tax Returns Access
  368.  
  369. If I hire Happy Tax to help me with my accounting, will I be working with a
  370. bookkeeper or a CPA? Every Happy Tax customer works with a licensed Certified Public
  371. Accountant, not just a bookkeeper or unlicensed tax preparer. In addition, all Happy Tax CPAs
  372. have been trained in the rules and regulations specific to Bitcoin and other virtual currencies.
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