By Tim Grant, Pittsburgh Post-Gazette (TNS)
Only a handful ofย Connolly Steel & Co.ย clients were dabbling in cryptocurrencies five years ago.
But the number of clients buying and selling cryptocurrenciesโdigital money that can be used in online transactions and theoretically cannot be governed by any centralized authority, such as a governmentโhas grown to a point where the Avalon, PA-based accounting firm had to invest in software that keeps track of cryptocurrency trades for tax purposes.
โMost of our clients are dabbling in it through platforms like Robinhood Crypto,โ saidย Elizabeth โLiโ Connolly, a firm partner. โOne client started actually mining cryptocurrency and bought special equipment to do so.โ
Crypto mining operationsโthe process of creating new digital coinsโhave unique tax issues because the rules arenโt clear if miners are taxed as cryptocurrency investors or business owners.
โThereโs different tax implications depending on the answer to that,โย Ms. Connollyย said.
This much is clear: As more people become interested in buying and selling digital assets like Bitcoin and Ethereum, theย IRSย is ramping up its efforts to collect taxes owed on digital transactions.
This can be a challengeโa big part of cryptoโs appeal is that itโs decentralized, and hard for governments to track and tax.
But the digital currency is now in the crosshairs of agencies like theย IRS, who are rolling out new strategies to make sure people involved in crypto are paying what they should.
For federal tax purposes, theย IRSย treats digital assets as โproperty,โ and therefore transactions involving virtual currency are subject to the same general tax rules that apply to property transactions involving stock or real estate. The federal agency launched Operationย Hidden Treasureย in 2021, for example, to root out taxpayers who fail to report income from cryptocurrency transactions on their federal tax returns.
Also, the Inflation Reduction Act, enacted in 2022, allocated $80 billion to theย IRS, with much of it designated for enforcement activities, including cryptocurrency monitoring.
And thatโs just the beginning.
Theย IRSโsย strategic operating plan for 2023 through 2031 lays out the agencyโs intention to ramp up enforcement action related to digital assets, according toย Green Tree, PA-based accounting firm H2R CPA.
โTheย IRSย is looking for unreported assets,โ saidย Lucas Rihely, a tax partner at H2R CPA. โThatโs really what the purpose of all this is.โ
Anonymous form of digital money transfers
You may have noticed a new line on your individual federal income tax return in recent years. The 2022 version asks taxpayers if they received any โdigital assetsโ during the course of the year for payment or otherwise sold, exchanged or gifted any digital assets.
โIn the first iteration of those questions, only a certain subset of taxpayers had to answer them, depending on whether they already had investment activity on their return,โย Mr. Rihelyย said. โThen, starting with the 2020 forms, every taxpayer who filed a Form 1040 needed to answer the question of whether they had received or sold crypto during the year.โ
Mr. Rihelyย said the terminology used by theย IRSย to ask the question also has evolved during the course of the years that it has asked the question.
โIt started with โvirtual currencyโ being how crypto was referenced on the tax returns,โ he said.
With the advent of NFTs, the federal agency included them under the definition of property for tax purposes. NFTs also are included in theย IRSย question on tax forms related to digital assets.
NFTs are non-fungible tokensโwhich can represent digital or real-world assets like artwork and real estate on the blockchain. However, cryptocurrencies like Bitcoin have no individuality and can be replaced by tokens of the same kind.
Bitcoin and other cryptocurrencies essentially are an anonymous form of digital money transfer.
โFrom a use standpoint, cryptocurrency is a dollar bill,โย Mr. Rihelyย said. โWhen two people do a transaction with cash they have no other connection to each other after a transaction is done.
โThere are myriad other ways that people look at crypto from a philosophical or an investment standpoint,โ he said. โBut at its core its a way to anonymously pay someone and not have bank or credit card information tied to it. Itโs just an anonymous way to pay someone digitally that you would otherwise pay cash.โ
Theย IRSโand the courtsโsend a clear message
Stricter reporting requirements for crypto brokers will make it easier for theย IRSย to take a closer look at digital asset transactions.
The Infrastructure Investmentย and Jobs Act (IIJA), enacted in late 2021, created additional new reporting requirements for digital transactions that will provide theย IRSย with more information to keep an eye on taxpayers who engage in virtual currency transactions.
The IIJA expanded the definition of brokers that are required to report their customersโ gains and losses on the sale of securities during the tax yearโwhich includes a description of each sale, the cost basis, the acquisition and sale dates, prices, and the resulting loss or gain. That means operators of trading platforms for digital assets, such as cryptocurrency exchanges, are subject to the same reporting requirements as traditional securities brokers.
The effective date of the new reporting requirements hasnโt been announced in light of theย IRSย not yet issuing final regulations with instructions.
The IIJA also amends existing anti-money laundering laws to treat digital assets as cash. Since the start of 2023, businesses are required to report to theย IRSย when they receive more than $10,000 in digital assets in one transaction or multiple related transactions.
Cryptocurrency transactions are meant to be harderโif not impossibleโto trace.
But theย IRSย wields a powerful tool to uncover digital assets.
In a court case decided in May, theย IRSย issued a โJohn Doeโ summons to obtain the cryptocurrency account information of aย Coinbaseย customerโJames Harper.
Mr. Harperย alleged that he declared his Bitcoin transactions on his 2013 and 2014 tax returns and that he declared all โappropriate income from bitcoin payments,โ including capital gains tax.
Coinbaseย didnโt comply with anย IRSย summons to produce the account information andย Mr. Harperย argued that the government request was unconstitutional.
But aย U.S. District Courtย judge disagreed and ruled that theย IRSโsย actions were โall squarely within its powers to pursue unpaid taxes.โ
With that decisionโand other recent steps by theย IRSโthe message became clear:
Theย IRSย is coming for crypto.
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