A crypto tax amnesty program could be the fairest way for achieving tax compliance and collection on crypto transactions.
The United States Internal Revenue Service is blinded by its desire to defeat cryptocurrency. It rushes to enforcement without first thinking how best to get there. It has spent millions of taxpayer dollars training its personnel and procuring private contractors to uncover noncompliance by crypto users. The IRS is arming its people to aggressively enforce the tax laws applicable to cryptocurrency. All the while, it ignores “established” frameworks to help achieve tax compliance and collection on crypto transactions.
Crypto tax amnesty is the easiest and fairest way to get from point A to point B, yet the IRS prefers unfair and aggressive tactics that disproportionately affect one population of taxpayers — the young.
That framework, a well-publicized amnesty program, began over 10 years ago. There is already a fine blueprint to follow. In March 2009, the IRS announced a foreign tax amnesty program named the Offshore Voluntary Disclosure Program, or OVDP. The program came in response to U.S. taxpayers not disclosing their foreign bank accounts and not reporting billions of dollars in tax on foreign income. In exchange for voluntary disclosure and payment of tax, OVDP offered taxpayers an opportunity to avoid criminal prosecution and pay far smaller penalties (sometimes, none at all). Without OVDP, taxpayers faced jail time and a variety of draconian civil penalties. The program was a great success — in just seven months, some 15,000 disclosures were made, netting nearly $3.5 billion in back taxes, penalties and interest.
Seeing the utility of OVDP, the IRS extended the program through several iterations. In total, some 56,000 taxpayers came forward and the IRS collected more than $11 billion in back taxes, interest and penalties. Even the worst prognosticator could predict a similar result with a crypto tax amnesty program. Consider this: There is a crypto “tax gap” of $25 billion dollars, nearly 37 million Americans now own some form of cryptocurrency, and the compliance rate is only about 50%.
The tax gap is wide enough, the population is many, and the compliance rate is dismal. Because of this, crypto tax amnesty could produce far more disclosures than OVDP and collect many more tax dollars. The similarities are apparent, but several key differences further favor crypto amnesty.
Crypto user demographics
The first difference lies in the demographic of crypto users. Nearly 60% of Bitcoin (BTC) users are under 35 years old, 17% of whom are barely out of high school, currently in their early 20s. This is important because this demographic is by far the least experienced group of taxpayers. Unlike taxpayers engaging in transactions abroad, millennials are the least likely to recognize the nuances of reporting capital gains and losses, limits on capital losses, disallowance of capital expenditures, carryover losses, stepped-up basis, carry-over basis and adjustments to basis, and the list goes on and on.
Despite this inexperience and youth, the IRS refuses to offer crypto users a tax amnesty program. Instead, the IRS offered tax amnesty to a far more experienced group of taxpayers engaging in foreign transactions. These taxpayers are far more likely to understand the nuances of tax law and employ tax attorneys and CPAs, and are more often tax “cheats,” whereas crypto evaders are often inadvertent. Despite this, the IRS unscrupulously targets the least-experienced demographic.
There is yet more unfairness beyond the simple demographic. Foreign Bank Accounting Reporting, or FBAR, is a foundationally solid area of tax law, while cryptocurrency taxation is not. Fairness dictates that amnesty should be offered upon the simple fact that cryptocurrency taxation is often misunderstood, and is a new and emerging area of tax law. The rules are not well settled, and the current IRS guidance only consists of two IRS Notices and a set of FAQs — neither of which, by the way, are legally binding on the IRS. That is, a crypto taxpayer can not legally rely on them. Until legally binding guidance is released and the rules better developed, crypto tax amnesty is the fairest solution.
The crypto demographic is further handicapped by the fact that third-party reporting of crypto transactions is virtually nonexistent (only two of the nine U.S.-based cryptocurrency exchanges have published policies on transactional reporting). In other contexts, taxpayers can rely on annual 1099s or brokerage statements to report their basis and capital gains or losses. This is not available to most taxpayers in their 20s who are engaging in cryptocurrency transitions and likely only accustomed to simple W-2 tax returns. Rather, they must sit down with a pencil and paper and track spot prices (with no NYSE to rely on), determine fair market values, adjust their basis, and calculate their gains and losses across multiple exchanges at different times with different fees.
Crypto tax forms
Coinbase, one of the largest and most popular exchanges, just switched from issuing 1099-K forms to 1099-MISC forms. This is significant because the reporting thresholds for the latter are much lower. For Forms 1099-K, there is a reporting obligation if the taxpayer exceeds 200 transactions or a $20,000 threshold. In contrast, 1099-MISCs are issued if a taxpayer receives more than just $600 in payments during the year. Now, because of lower thresholds, tens of thousands more taxpayer names are being provided to the IRS — all without a mention of basis. Until third-party reporting of cryptocurrency is in line with other capital transactions, crypto tax amnesty is the fairest solution.
Or worse yet, perhaps some young taxpayers are paid in cryptocurrency or buy and sell products using cryptocurrency. In that instance, they must calculate a reasonable FMV for the cryptocurrency changing hands at different times — all the while tracking their basis. It is not difficult to imagine a young taxpayer keeping a constant log of cryptocurrency received for services rendered or exchanged goods, making proper FMV adjustments across multiple exchanges at different times.
If a person receives Bitcoin on Day 1 in exchange for selling a video game, and then receives Bitcoin on Day 2 for selling a pair of sunglasses, he must calculate the FMV of the Bitcoin earned at different intervals, less basis, all with a solid understanding of the impact of self-employment tax and the need to pay estimated taxes. The young taxpayer’s logbook may rival that of a long-haul trucker. The missteps here are many, and crypto tax amnesty is the fairer solution, much fairer than crypto-based, self-employment tax audits.
To add salt to the wound, there is still no IRS de minimis rule for crypto transactions involving even the smallest purchase of property. Arguably, the young taxpayer could incur a capital gain when he buys a pack of gum with XRP (a pack of gum costs $1.50 and Ripple trades around $0.50). Because he received a thing of value beyond the XRP he paid, he has a capital gain. In this regard, the current IRS regime teeters on the brink of absurdity.
And finally, the IRS guidance on cryptocurrency taxation makes not one mention of penalties for noncompliance, while FBAR guidance is laden with discussions of penalties. Until a sensible de minimis exception is enacted, and until the IRS adequately educates young crypto users on noncompliance penalties, crypto tax amnesty is the fairest solution.
The Taxpayer Bill of Rights
The Taxpayer Bill of Rights addresses this very problem of unfairness, shouting amnesty at the top of its lungs.
The Right To Be Informed, says:
“Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence. They have the right to be informed of IRS decisions about their tax accounts and to receive clear explanations of the outcomes.”
The Right to a Fair and Just Tax System, says:
“Taxpayers have the right to expect the tax system to consider facts and circumstances that might affect their underlying liabilities, ability to pay, or ability to provide information timely.”
The IRS meets its burden with FBAR but fails miserably with its tax policies on cryptocurrency. It attacks the least experienced taxpayer but rewards the most experienced. It warns the most experienced taxpayers about penalties but leaves the least experienced guessing. It ignores that third-party reporting offers young taxpayers no quarter. It imposes complex tax nuances on the simplest demographic, and it disregards the foolishness of auditing that pack of gum.
Crypto tax amnesty has gotten little fanfare because the right people are not concerned — it is a young person’s tax problem. Big banks and large corporations cared about foreign bank account reporting and a tax amnesty program emerged, but crypto users have no centralized backing to support them. In fact, their very existence is based on decentralization. Unfortunately, until the “right” people are affected, crypto tax amnesty is unlikely. But if institutional integrity holds meaning, the IRS should extend the olive branch — notwithstanding the absence of the “big hitters.”
Mr. IRS Commissioner, with all due respect, open the borders and offer amnesty to this flood of young taxpayers. A fair and just tax system demands it.
The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.
The level of freedoms that the U.S. has provides an argument for the country as the most crypto-friendly location, although Puerto Rico also has its benefits.
As a burgeoning industry less than 13 years old, cryptocurrency has seen its fair share of regulatory crackdowns and changes, especially in the United States. Jake Yocom-Piatt, co-founder of Decred, however, sees the nation as the most crypto-friendly.
“Cryptocurrencies are treated as personal property in most jurisdictions, so their tax treatment is relatively uniform,” Yocom-Piatt said. He continued:
“Cryptocurrency transactions are a form of speech, so states where free speech is protected are the least likely to restrict cryptocurrencies. While the U.S. currently suffers from many substantial sociopolitical problems, the combination of its freedom of speech with protections against forced disclosure of passphrases makes it the most crypto-friendly country in the world.”
Since 2017, the crypto industry has suffered a number of regulatory actions from U.S. regulators, from initial coin offering lawsuits to charges against companies such as BitMEX. The nation’s Department of Justice has also recently put out crypto regulatory parameters.
Earlier this year, U.S. Representative Tom Emmer expressed apprehension about the U.S. hurting innovative progress amid its legal processes and requirements. Yocom-Piatt’s view of the U.S. as the most crypto-friendly county, however, looks at the situation from a different angle, noting the country’s freedoms rather than its restrictions.
Meanwhile, Rob Viglione, co-founder and CEO of Horizen, told Cointelegraph, that he sees Puerto Rico as the top place for crypto, although he answered the question in light of the best crypto location for U.S. persons. “I’m going to nominate a country that’s not always recognized as a country and is way underrated as a crypto hotspot: Puerto Rico!” He added:
“For Americans, Puerto Rico is, by far, the most crypto-friendly jurisdiction when you consider special tax decrees, like Acts 20 or 22, which drive effective tax rates way down.”
The U.S. Internal Revenue Service issued guidance on digital asset taxation for its citizens in 2019, although it brought further questions. Other updates have also occurred, including changes to crypto tax reporting forms.
One other complicated component of U.S. crypto taxation: Crypto is not viewed as property, so users must report every trade as a gain or loss, contrary to like-kind exemptions. But tax aspects aside, Puerto Rico hosts a strong cryptocurrency scene, according to Viglione:
“Saving on taxes is great, but what really makes Puerto Rico stand out is the explosion of the most vibrant crypto community in the world because of it. Many of the industry’s leaders, entrepreneurs, and developers have chosen Puerto Rico as their new home.”
Kosala Hemachandra, founder and CEO of MyEtherWallet, also recently gave his take on what he sees as the best region for crypto. Hemachandra posited people’s views on a good crypto atmosphere can be subjective. He also mentioned the importance of a global crypto presence.
The United States tax authority doesn’t seem to be very efficient when it comes to tracking down who owes crypto taxes — for now.
Crypto income taxation is a murky arena at present. It would seem that even the U.S. Internal Revenue Service, or IRS, has a tough time figuring out who owes what, according to Wendy Walker, solution principal at the tax compliance company Sovos.
“In the typical tax system, the IRS uses 1099 reporting,” Walker told Cointelegraph in an interview. “So, 1099, W2, that tax reporting, it’s the primary tool that they use to enforce tax compliance,” she added. When people fail to report their crypto activities, the IRS is left with a headache.
In 2019, 10,000 crypto-involved people received warning letters from the IRS, informing some folks that they owed money, or had incurred fines. Others were told to add their crypto activities onto their reporting.
The tax authority also just recently added a question to the top of the 1040 form, asking filers if they handled crypto at all during the relative tax year.
“Now they’re getting back all of this information to substantiate that they have to sift through,” Walker explained. ” To combat this massive pile of data, in May 2020 the IRS publicized its request for proposal, or RFP — a search for digital asset-savvy persons to navigate the stacks of information, Walker mentioned.
“My point is that they go about it the hard way. This question on the 1040, this RFP for people to sift through information that was sent back, enforcement letters to tax payers — it’s like they’re throwing stuff out there to see what will stick.”
The difficulty comes as a result of old processes that, in some instances, have trouble fitting new possibilities brought on by technological innovation.
U.S. capital gains tax laws are likely to catch out many new users of PayPal’s cryptocurrency payments system
The news that payments company PayPal will support cryptocurrencies has given the industry a major boost — but there are tax implications that are little understood by crypto noobs.
PayPal users will soon be able to use digital assets as a funding source for purchases at its 26 million merchants worldwide. The company has almost 350 million active users worldwide and Alex Mashinsky, the CEO of crypto lending platform Celsius, has predicted the integration could result in “millions of new users” getting into crypto.
Unfortunately, they could face a tax nightmare arising from the volatile nature of crypto assets and the tax reporting requirements.
According to the Internal Revenue Service (IRS), digital assets such as Bitcoin are treated like property, not currencies. This means that every time you sell, exchange or dispose of a cryptocurrency to buy something else, that becomes a taxable event. PayPal’s press release states that it will be acting as an exchange in addition to a payments gateway;
“Consumers will be able to instantly convert their selected cryptocurrency balance to fiat currency, with certainty of value and no incremental fees.”
However, it will not allow cryptocurrencies to be taken off the platform and sent to a bank, or back to the wallet from which they came. Selling crypto within PayPal triggers a taxable event as does using the crypto to buy anything, as PayPal converts the funds into fiat first before paying the merchant.
Because Bitcoin and crypto assets are volatile, users will be liable for significant capital gains tax on the amount the asset has gained between the time it was acquired and spent.
That’s not a problem as long as users keep records and put tax aside — but most new users are unlikely to understand the tax implications and requirements. Gains and losses ultimately need to be reported on IRS Form 8949 and submitted with your tax return each year, according to Cryptotrader.tax.
It used an example of buying a new TV from one of PayPal’s merchants using 0.1 BTC as payment. The consumer would incur a capital gain (or loss) depending on the value change of that 0.1 BTC since they first purchased or acquired it. Let’s say the 0.1 is now worth $1000 more than when you bought it:
“You must report this gain on your tax return, and depending on what tax bracket you fall under, you pay a certain percentage of tax on the gain”
PayPal explained that it will be participating in relevant 1099 tax information reporting for users, but said that individuals are responsible for their own tax affairs:
“It is your responsibility to determine what taxes, if any, apply to transactions you make using your Cryptocurrencies Hub. You can access your transaction history and account statements through your PayPal account for purposes of determining any required tax filings or payments”.
It is likely that the U.S. tax authorities will request access to user account information to see which users should be reporting gains.
Initially, PayPal will only offer its new crypto payments services to U.S. account holders, but it could be rolled out globally next year.
The U.K. also has similar capital gains tax implications and HMRC (Her Majesty’s Revenue and Customs) began actively chasing crypto traders in late 2019. Australian cryptocurrency traders and investors are also subject to capital gains taxes and even income tax if they earn digital assets. Reporting is required in both countries.