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BitCoin Mining, Other Virtual Activity Taxable Under US Law

chicksdaddy writes "Beware you barons of BitCoin – you World of Warcraft one-percenters: the long arm of the Internal Revenue Service may soon be reaching into your treasure hoard to extract Uncle Sam's fair share of your virtual wealth. A new Government Accountability Office (GAO) report on virtual economies finds that many types of transactions in virtual economies – including Bitcoin mining and virtual transactions that result in real-world profit – are likely taxable under current U.S. law, but that the IRS does a poor job of tracking such business activity and informing buyers and sellers of their duty to pay taxes on virtual earnings. The report, 'Virtual Economies and Currencies: Additional IRS Guidance Could Reduce Tax Compliance Risks' found that the growing use of virtual currencies like BitCoin and virtual game currencies warrants the U.S.'s tax collection agency to mitigate the risks. Those include efforts to educate taxpayers and the publication of basic tax reporting requirements for transactions using virtual currencies, The Security Ledger reports."

28 of 239 comments (clear)

  1. WoW tax by WillgasM · · Score: 4, Funny

    How many coppers is this gonna cost me?

    1. Re:WoW tax by ArcadeMan · · Score: 4, Insightful

      This is the IRS we're talking about. It's going to cost you SILVERS, my friend!

    2. Re:WoW tax by ron_ivi · · Score: 2
      You might be kidding -- but it seems a great way to handle it in real life.

      WoW could even handle withholding so people aren't stuck having to do quarterly estimated taxes, etc.

      And if the IRS objects that the withholded-copper isn't worth much, well.......

  2. tax on capital gains only by optikos · · Score: 5, Informative

    Keep track of expenses (e.g., equipment, floor space rental, electricity consumption) that serve as the investment for the BitCoin mining. This comes off the bottom-line profit. Otherwise, you would pay 'income' taxes on your 'outflow'.

  3. Is this news? by Typical+Slashdotter · · Score: 5, Insightful

    Why wouldn't it be taxed? There is no "on a computer" exemption to rules that we pay taxes on profitable activities...

    1. Re:Is this news? by rueger · · Score: 2

      There is no "on a computer" exemption

      Yes there is! It's the same as the "copyright doesn't apply on the Internet" rule.

    2. Re:Is this news? by Typical+Slashdotter · · Score: 2

      Interestingly, Uncle Sam still gets his cut from Hollywood accounting. Hollywood accounting works by making the movie look like a loss by putting all the profits toward fees paid to various executives and agencies. By doing this, the movie gets out of paying royalties due to the wording of contracts. However, all the executives and agencies still need to pay taxes on those fees.

  4. Re:Eh.. by h4rr4r · · Score: 2, Insightful

    When your purchases don't line up they sure can see it.

    How about instead of being a leech you pay your taxes?

  5. Bitcoin mining is not capital gains by Typical+Slashdotter · · Score: 3, Insightful

    IANAA (I am not an accountant), but capital gains are only when you buy something and then sell it at a higher price. Buying a bunch of computer equipment and making money by selling it would be capital gains. Buying a bunch of computer equipment and making money by selling the bitcoins it mines is just regular income. You can (and should!), however, deduct the cost of the equipment, etc., as business expenses. The distinction is important because capital gains are taxed at a lower rate than regular income.

    1. Re:Bitcoin mining is not capital gains by houstonbofh · · Score: 3, Informative

      It could be both, if you mine and hold the coins...

    2. Re:Bitcoin mining is not capital gains by alexander_686 · · Score: 5, Informative

      Mod parent up. It’s depreciation expense. Depreciation would either reduce your operating income if you sold the bitcoins the same year you mined them or would increase your cost basis of your bitcoin (thus decreasing your capital gains tax) it you held your bitcoins for more than a year.

      Be warned, the IRS makes this stuff complicated fast.

    3. Re:Bitcoin mining is not capital gains by Chris+Mattern · · Score: 2

      IANAA (I am not an accountant), but capital gains are only when you buy something and then sell it at a higher price.

      It's a little bit more involved than that. This is only a capital gain when you actually intend to hold and/or use the assets rather than turning around and immediately selling them again. When a grocery store buys items wholesale and then sells them to its retail customers, that's not a "capital gain", it's just a retail profit. US tax code requires you to hold an asset for at least a year before selling it in order to claim the capital gains tax rate.

    4. Re:Bitcoin mining is not capital gains by Typical+Slashdotter · · Score: 2

      Honest question: can you actually count the cost of equipment and electricity toward the cost basis of your bitcoins? I thought that, in order to be part of the cost basis, you had to be able to attribute the cost to specific bitcoins, rather than have lump expenses for the month/year/whatever.

    5. Re:Bitcoin mining is not capital gains by optikos · · Score: 4, Informative
      http://en.wikipedia.org/wiki/Capital_gain

      The key words here are: "financial assets" and "intangible assets". Bitcoin mining is both of these.

      from Capital gain's Wikipedia article:

      The gain is the difference between a higher selling price and a lower purchase price.

      The gain is the difference between 1) the selling price of the financial asset after the mathematics (or after WoW achievement) and 2) the purchase price of the intangible asset before the mathematics (or before the WoW achievement).

    6. Re:Bitcoin mining is not capital gains by Attila+Dimedici · · Score: 2

      The person you are replying to never said it was capital gains. When you have a business, there are expenses which can be deducted from any revenue that business generates. In the case of bitcoins. If I have buy a computer which I dedicate to mining bitcoins, I can deduct the cost of that computer from the money I earn selling bitcoins. There would be additional expenses which could be deducted as well, but since I am not an accountant I will not try to list more because I may be mistaken about which of the other expenses would be legally tax-deductible.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    7. Re:Bitcoin mining is not capital gains by pegr · · Score: 2

      But it's not an asset until it's sold. Until then, it's a number with no intrinsic value. Now if you BOUGHT BitCoins instead of mine them, it would be capital gains when you sold them.

    8. Re:Bitcoin mining is not capital gains by alexander_686 · · Score: 2

      You don’t need to attribute to a specific bitcoin but you must be able to attribute to bitcoin mining.

      I would guess the rules would be similar to how expenses are allocated for a home office or a pro rata basis. If you home office is 10% of your home, 10% of the your electricity, heating, depreciation, can be written off.

      Note, the rules are a lot of subjective and complex rules, people abuse this all of the time, and the IRS loves auditing this type of stuff because it is abused so often. And this is kind of like manufacturing if you hold it for more than a year, so there would be another layer of rules on top of that.

    9. Re:Bitcoin mining is not capital gains by lgw · · Score: 3, Interesting

      IANAA, but that's not how depreciation works. You spend a lot of capital on X to operate your business - it's a cash cost this year, and you want to deduct it from your taxes this year, but the IRS says "no, even though you spent all that money this year, you must spread out the cost of X over N years for tax purposes, so pay us a lot more this year". Depreciation is rarely a good thing, and it doesn't form a basis for capital gains.

      I don't think gold miners selling the gold they mine treat that as a capital gain in the first place, AFAIK it's treated like any other manufactured product. The depreciation of the mining equipment is an overhead expense that reduces reported profit appropriately. (The cost of energy is often the primary expense in gold mining.)

      Bitcoin "mining" would seem similar, but it's a mistake to assume tax law follows any sort of logic or reason.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    10. Re:Bitcoin mining is not capital gains by sirlark · · Score: 2

      Buying some land and growing some vegetables on it does not attract capital gains tax either, but nor does it attract income tax until you SELL the vegetables. Also, it doesn't attract tax if you barter the vegetables for something else. From TFA:

      GAO said that strict virtual (or “closed flow”) transactions in which virtual currency is used only within a game or virtual environment to purchase virtual goods and services were not taxable.

      The IRS is saying the creation/accrual of bitcoins and other virtual currencies is taxable at the point of barter as well as sale. It's not even income, as you've earned no money from selling something. I don't know, this seems like a real over reach on the part of the IRS. It makes perfect sense to tax someone when they sell their bit coins for cash; that's income, but taxing the BUYER for buying an online subscription, or some tech gadget, or a T-shirt and then taxing the SELLER for changing those bitcoins into USD. That's double taxation. As long as you can't pay some countries taxes with it, it shouldn't be taxable IMHO.

    11. Re:Bitcoin mining is not capital gains by jeffmeden · · Score: 2

      Also, it doesn't attract tax if you barter the vegetables for something else.

      ho boy... just a second there, better be careful about what you think isn't taxable: "You must include in gross income in the year of receipt the fair market value of goods and services received in exchange for goods or services you provide or may provide under the bartering arrangement."

      http://www.irs.gov/taxtopics/tc420.html

  6. Nobody seems to get this by sunami · · Score: 3, Informative

    It's taxes on transactions involving dollars only. If you buy WoW gold by selling in-game items, there's no expectation of taxation. If you buy WoW gold with dollars, there's a legit reason to tax that transaction.

  7. Re:Uhm... by c0lo · · Score: 4, Funny
    The octane number used for lawyers or other legal professionals. In layman term: a measure of how much you can squeeze a lawyer before detonation.

    Does it make sense now?

    --
    Questions raise, answers kill. Raise questions to stay alive.
  8. Re: B.S by h4rr4r · · Score: 2

    Yes, of course.
    You are required to pay taxes on that income.

    That is how they caught Al Capone after all. I imagine lots of small time folks can get away with it, but they should be paying their taxes like everyone else.

  9. Re:Why it might not be taxed .... by h4rr4r · · Score: 5, Insightful

    Take a deep breath.

    They only count as real money when you trade them for real money. Bitcoins are still not money, just an item you can sell like any other thing. If you make a profit selling them, like any other thing, you owe taxes.

    Was that simple enough for you?

  10. Hobby Income by ilikenwf · · Score: 2

    Up to $12,000 or so you can consider it hobby income, as long as you can prove you're in it more for the curiosity/hobby of it.

  11. Possible - sort of by sjbe · · Score: 2

    Honest question: can you actually count the cost of equipment and electricity toward the cost basis of your bitcoins?

    There are ways to do it if you do it through a business. You could deduct some expenses and you could do the home office deduction. The computer would need to be owned by the business and used primarily for business purposes. There also could be depreciation and other fun involved. Frankly I doubt there would be much profit in it but that's a separate issue.

    Note that claiming a home office deduction significantly increases your chance of being audited. It's one of the items the IRS looks for because it is abused so often.

  12. Bitcoins are an asset by sjbe · · Score: 2

    Until I can purchase gas, groceries, and beer with Bitcoins or Battle.net Gold, it's not a real currency.

    Doesn't have to be a currency to be an asset. As long as it has a market value the IRS can consider it income. Bitcoins might be a bad idea (I think they are) but they can be exchanged for cash or other assets. The IRS will not remotely care whether you can buy beer with them directly or not.

    I do know of one drug dealer in my area that accepts bitcoin, but he's not paying taxes on that income already anyway so fake money is fine for him.

    Then he is in violation of the tax code. Specifically his income is supposed to be declared on Line 21 of the 1040 which exists specifically for cases like this. That is how they put Al Capone in jail - they nailed him for tax evasion. Income is supposed to be declared regardless or source or legality.

  13. In other news.... by sconeu · · Score: 3, Funny

    The IRS has ruled that all Monopoly(r) winnings will be taxed at the full capital gains rate

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.