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The guide to local resources was compiled by the. Given the recent ruling that BTC are property, not currency , things can get kind of hairy when mining, buying, or trading your BTC.
Thankfully, folks like Tyson P. Cross are around to help. The owner of BitcoinTaxSolutions , Cross handles tax returns and offers tax planning with a focus on cryptocurrency. I asked Cross to walk us through the recent ruling and what it means for Satoshi-ites. I first learned about cryptocurrencies in early when I came across a law review article discussing their legal uncertainties. I spent the next ten months exhaustively researching the proper tax treatment of bitcoins and ended up developing a real passion for this area of the tax law.
As a general rule, the IRS only knows what it is told. This means that it has no knowledge of your bitcoin unless someone tells them. First, your bitcoin exchange may report your transactions to the IRS. However, it does not appear that bitcoin exchanges are currently subject to the reporting requirements although that will probably change in the future.
Thus, unless the exchange voluntarily files a against you, it is unlikely that the IRS will receive a report of your bitcoin transactions. Note that they would need your Social Security number to file a in your name, so a request from your bitcoin exchange to provide your Social Security number may be indicative of a filing. Third, someone can report you to the IRS, which happens far more often than you might think. Fourth, you voluntarily and accurately report your gains on your tax return.
That might sound ridiculous to some people given the inherent anonymity of bitcoin, but there are some very rich people in prison right now who used to think the same thing about their Swiss bank accounts. The fact is that penalties for failing to report income are significant.
This includes the possibility of criminal prosecution. You can also add to this the additional penalties for failing to report foreign financial accounts, which can be even more severe.
At the end of the day, you have a decision to make. You can comply with the law and pay taxes just like everyone else, which is admittedly unpleasant. IRS Notice clarifies the tax treatment of bitcoin miners. Specifically, the Notice provides that miners must recognize income for each bitcoin mined during the taxable year. The amount of income is equal to the market price of bitcoin on the day it is awarded on the blockchain.