What Happens if You Don’t Report Cryptocurrency on Taxes

by | Jun 17, 2024 | Cryptocurrency | 0 comments

Cryptocurrency has become an increasingly popular investment option in recent years, with many people excited by the potential for high returns. However, it’s important to remember that cryptocurrency is also subject to taxes, just like any other form of income or investment. Failing to properly report your cryptocurrency holdings and transactions to the IRS can lead to serious consequences, including fines, audits, and even criminal charges.

Consequences of Not Reporting Cryptocurrency on Taxes

If you fail to report your cryptocurrency gains and transactions on your taxes, you could face a range of penalties from the IRS. These can include fines, interest charges, audits, and in severe cases, even criminal prosecution for tax evasion.

IRS Penalties for Not Reporting Cryptocurrency

The IRS takes tax evasion very seriously, and the penalties for not reporting your cryptocurrency can be steep. If you fail to file your taxes or underreport your income, you could face an initial fine of $10,000. If you continue to not report your holdings, you could face additional fines of up to $50,000, along with a continued fine of $10,000 every 30 days until you file.

According to Shehan Chandrasekera, head of tax strategy at CoinTracker and a certified public accountant, the only way to potentially avoid these penalties is if you can prove “reasonable cause” for your failure to file. However, this is often difficult to do, especially if you were aware of the reporting requirements.

Audits, Interest Charges, and Criminal Prosecution

In addition to fines, not reporting your cryptocurrency could also trigger an IRS audit of your finances. This can be a time-consuming and stressful process, as you’ll need to provide extensive documentation of your income and investments.

You may also be required to pay interest charges on any unpaid taxes related to your cryptocurrency gains. In extreme cases where the IRS believes you intentionally evaded taxes, you could even face criminal charges and potential jail time. It’s simply not worth the risk to try to hide your crypto holdings from the IRS.

Cryptocurrency Tax Reporting Requirements

So what are the requirements for reporting cryptocurrency on your taxes? In short, you need to report any gains or losses from the sale or exchange of cryptocurrency, as well as any income earned from crypto (such as from staking rewards or airdrops). Here’s a closer look at some of the key reporting requirements.

Form 8938 for Reporting Foreign Financial Assets

If you are an American citizen living abroad (an expatriate), you may need to file Form 8938 to report your foreign financial assets, including any cryptocurrency holdings, if they exceed certain thresholds. For example:

  • Single individuals living abroad must file if the total value of their foreign financial assets exceeds $200,000 on the last day of the tax year or $300,000 at any point during the year.
  • Married couples filing jointly must file if their foreign assets exceed $400,000 on the last day of the tax year or $600,000 at any point.

Consulting with experienced CPAs like those at US Tax Help who specialize in working with American expatriates can help ensure you are meeting all the necessary reporting requirements for your cryptocurrency holdings overseas.

1099 Forms from Centralized Exchanges

In some cases, you may receive a 1099 miscellaneous form from a cryptocurrency exchange like Coinbase reporting your transactions to the IRS. Typically this happens if you have earned $600 or more in income from the platform.

However, even if you don’t receive a 1099, you are still responsible for reporting all of your taxable crypto transactions. Trying to hide behind the anonymity of the blockchain won’t protect you from the IRS.

Calculating Cryptocurrency Taxes

Accurately calculating your tax liability on your cryptocurrency investments can be complex. The IRS treats cryptocurrency as property, not currency, which means it is subject to capital gains tax when sold or exchanged, similar to stocks.

Cryptocurrency Treated as Property by IRS

When you sell or exchange cryptocurrency, you incur a taxable event. Your capital gain or loss is the difference between the fair market value (usually the price on a public exchange) at the time of the transaction and your cost basis (what you originally paid for the asset plus any fees). You need to track all of your transactions to calculate this.

If your business receives cryptocurrency as payment for goods or services, you must also report it as income based on the fair market value on the date of receipt. This then becomes your cost basis if you later exchange or sell the crypto.

Short-Term vs Long-Term Capital Gains Taxes

How much you ultimately owe in taxes will depend on your income tax bracket as well as whether your crypto gains are classified as short-term or long-term:

  • Short-term capital gains from crypto held for one year or less are taxed as regular income according to your normal income tax bracket.
  • Long-term gains from crypto held longer than one year are taxed at a lower capital gains rate of 0%, 15% or 20% depending on your overall taxable income.

Because individual tax situations can vary based on your income, business structure, and location, it’s best to consult with a knowledgeable tax professional to ensure you are calculating your crypto taxes correctly.

Strategies for Minimizing Cryptocurrency Tax Liability

Fortunately, there are some strategies you can use to minimize your cryptocurrency tax burden while staying compliant with IRS regulations. Careful planning and thorough record-keeping are essential.

Using Crypto Tax Software for Record Keeping

Crypto tax software like CoinTracker and Koinly can help immensely with keeping track of all your cryptocurrency transactions, cost basis, and capital gains and losses. They can even generate the necessary forms to include with your tax return.

Douglas Boneparth, a certified financial planner and president of Bone Fide Wealth in New York, recommends these tools to many of his clients who invest in cryptocurrency. Automating your record-keeping can save you a lot of headaches and ensure you don’t overlook any taxable events.

Tax-Advantaged Investment Strategies

Other strategies to reduce your crypto tax liability can include:

  • Holding your cryptocurrency investments for over a year before selling to qualify for the lower long-term capital gains tax rate
  • Tax-loss harvesting by selling crypto at a loss to offset gains from other investments
  • Investing in crypto through tax-advantaged retirement accounts like a self-directed 401(k) or IRA

While these strategies can be effective, they are also complex. It’s important to understand the rules and potential trade-offs before implementing them.

Charitable Donations with Cryptocurrency

Finally, donating your crypto to charity can both support a good cause and provide a tax write-off. If you donate crypto that you’ve held for over a year, you can deduct the full fair market value without paying capital gains tax. This allows you to maximize your charitable impact and tax efficiency.

In conclusion, properly reporting your cryptocurrency gains and transactions on your taxes is essential to avoid penalties and legal trouble with the IRS. By keeping thorough records, understanding your obligations, and implementing smart tax strategies, you can take advantage of the exciting world of cryptocurrency investing while staying above board with the law.

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