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RE: 1040 Tax Form Crypto Questions

in #irs6 years ago

I am trying to follow your logic with the IRS.

The changes will be on the tax forms brought out in 2020 for Calendar year 2019.

The question is going to pertain to ownership in 2019, any point. Hence selling in December or February is not going to matter. It does not apply to holdings at time of filing since it is always in arrears.

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If Bitcoin gets pumped in December and than dumps in January, then all of a sudden everyone owes taxes on value that don't exist. This is exactly what happened in 2017/2018 and a lot of people blamed poor price action in April 2018 for this reason.

If your Bitcoin is worth a million dollars in December and is then worth 100k in April, you still owe taxes on a million dollars.

If your Bitcoin is worth a million dollars in December and is then worth 100k in April, you still owe taxes on a million dollars.

But you don’t owe taxes until you sell. For now it’s taxes on capital gains, not on held assets.

I thought the law was a little more complex than that. I remember reading a bunch of stuff about when capital gains doesn't apply. Antiquated clusterfuck.

Either way I'm still counting on people to be lazy, do their taxes at the last minute, and be forced to burn down liquidity early April.

@preparedwombat is correct. You only have a capital gains event when you sell.

What people screw up though is what constitutes a sale.

Sent some BTC for some animation work? That's a capital gains event.

Mined some BTC? That's an ordinary income event.

Exchanged BTC for ETH? That's a capital gains event.

Correct.

How is income earned on gaming or entertainment platforms taxed in the USA? If some kid builds something in an MMOG and sells it and gets some amount of that game's internal currency in exchange for it, at which point in time is that considered taxable earned income? At the moment that exchange is made? Or when the internal currency is exchanged for dollars?

The taxable event occurs at the time it is earned, in your example when the MMOG is sold. It doesnt matter when the currency is swapped for dollars. At the time of sale, the currency value needs to be converted into USD for tax purposes (although still could be held in the game's currency).

This is presuming the kid did not set up a business which the MMOG was under. If that was the case, a completely different part of the tax code would apply.

It may not be that simple.

The Tax Resolution Institute had this to write about income earned on MMOG's (Massive Multiplayer Online Games) on June 30 2013:

At the request of Senators Max Baucus (D-MT) and Orrin Hatch (R-UT), Congress’s U.S. Government Accountability Office (GAO) just wrote and filed a 23-page report on the tax implications of earning gold in MMORPGs. Titled “Virtual Economies and Currencies,” the report focuses on buying, using, and selling virtual currencies like WoW gold. The key point in the taxing World of Warcraft plan for WoW players is that the in-game economy is a “closed-flow system” where a player can’t exchange gold for U.S. dollars. As a result, most players will never need to worry about claiming those 177 gold pieces and diamond rings earned from completing a quest on a 2013 income tax return.

If, however, a player chooses to sell accumulated WoW items through a third-party exchange, then that player “may have earned taxable income from the sale of these virtual goods.” Selling such assets and currency is against the game rules, but such rules are seldom enforced by Blizzard Entertainment. Players do it all the time, and it has become a big business. Several players reportedly earn a large percentage of their outside income through such sales. The Internal Revenue Service is going after this tax free income.

With Diablo 3, it is even more complicated because such exchanges are allowed. With an “open-flow system” at the heart of the game, a player can easily exchange in-game currency for real-world money. A player cashing out of Diablo 3 “may have earned taxable income” that should be reported to the IRS. As a result, the U.S. Government Accountability Office (GAO) has instructed the IRS to go after such forms of income tax evasion. If you think you could be in trouble, please take action before it is too late. Contact the Tax Resolution Institute for a free consultation by calling 818-704-1443.

https://www.taxresolutioninstitute.com/taxing-world-of-warcraft-income-taxes-online-gaming-diablo-irs/

The tax authorities of some other countries have clear rules in place for taxing MMOG income. For example, in Finland, income earned by selling assets in an MMOG is only considered taxable when it is swapped for fiat, goods or services, or virtual currencies external to the platform in question:

Section 2.7 in the following guidance settles the matter:

https://www.vero.fi/en/detailed-guidance/guidance/48411/taxation-of-virtual-currencies/

This, or when you trade and the coin being traded gained value from the time you purchased it.

Taxes are not owed on assets unless sold.

Plus it is only on the gains so if someone paid $500K for the $1M BTC, the gain is only $500K. If the BTC was held more than a year, it is capital gains, less it is considered earned income (different tax rates).