Slashdot Mirror


IRS: Bitcoin Is Property, Not Currency

An anonymous reader sends this news from Bloomberg: "The U.S. government will treat Bitcoin as property for tax purposes, applying rules it uses to govern stocks and barter transactions, the Internal Revenue Service said in its first substantive ruling on the issue. Today's IRS guidance will provide certainty for investors, along with potential income-tax liability. Under the ruling, purchasing a $2 cup of coffee with Bitcoins bought for $1 would trigger $1 in capital gains for the coffee drinker and $2 of income for the coffee shop. ... Under the IRS ruling, Bitcoin investors would be treated like stock investors. Bitcoins held for more than a year and then sold would pay the lower tax rates applicable to capital gains — a maximum of 23.8 percent compared with the 43.4 percent top rate on property sold within a year of purchase. For investors with losses, U.S. tax law allows taxpayers to subtract capital losses from any capital gains. They can also subtract up to $3,000 of capital losses a year from ordinary income.'"

27 of 273 comments (clear)

  1. This seems like good news by JustNiz · · Score: 4, Interesting

    ...as you can offset a drop in the value of your bitcoins as a tax deduction.

    1. Re:This seems like good news by Gothmolly · · Score: 5, Interesting

      Only if you sell them at a loss. So if you want to take a loss in order to deduct part of that loss, knock yourself out. That'll show them.

      --
      I want to delete my account but Slashdot doesn't allow it.
    2. Re:This seems like good news by lgw · · Score: 3, Informative

      ...as you can offset a drop in the value of your bitcoins as a tax deduction.

      As most of us who went through the dot-bust can tell you: only if you have gains to offset. If you have net losses, you can only take them at $3000/yr.*

      TFA doesn't seem to have a link to the actual IRS ruling - WTF Bloomberg? New to the intarwebs? We do links here!

      Not all capital gains are the same. If BTC is treated like stocks, that's great - most people will pay 15%* on long-term gains. Compare that to gold/silver, which are taxed as collectibles, with a 28% gains rate!*

      *Don't take tax advice from random internet strangers like me - consult your tax professional.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:This seems like good news by Anonymous Coward · · Score: 2, Informative

      TFA doesn't seem to have a link to the actual IRS ruling - WTF Bloomberg? New to the intarwebs? We do links here!

      http://www.irs.gov/pub/irs-dro...

    4. Re:This seems like good news by Talderas · · Score: 2

      Of course you could just manufacture your own Bitcoin FMV on your date of sale and use that as the basis of your "loss" report to the IRS on your tax return instead. .. and well, what happens next is unknown.

      Audit. I'm quite certain that a majority of tax filings that involve Bitcoin in the first year or three will involve audits.

      This IRS ruling is a nightmare.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:This seems like good news by Talderas · · Score: 2

      It's exceedingly awful news. It may grant bitcoin legitimacy but it greatly trashes its value as a currency. In order to be legally compliant, you need to keep records of the price at which you acquired it. Use it to buy something and now you need to get a FMV for bitcoin when you make the purchase so that you can report capital gains or losses. Failure to do this and you're suddenly engaging in tax evasion.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  2. Re:You just got told by ArcadeMan · · Score: 2

    Quite the opposite. Since the value of Bitcoins can fluctuate, just like stocks, it not only makes sense for the government but it also makes it a legitimate and legal market in the USA.

  3. Re:At last by RightSaidFred99 · · Score: 2, Insightful

    Would it surprise you to know that selling heroine illegally falls under the same set of guidelines? This does not legitimize anything. Bitcoin is no more a currency than junk penny stocks are.

  4. This makes perfect sense by ClickOnThis · · Score: 2

    In effect, the IRS is treating Bitcoin like any other "foreign" currency, which amounts to the same thing as treating it as property. When you sell (i.e., spend) Bitcoin, you're realizing a profit or loss, depending on the value it had when you received (bought) it, compared to the value it had when you sold it.

    IANAA, but as I read this, it means that if you get paid for work in Bitcoin, you would pay tax on its value at that time, and that value would be considered your cost-basis for future sales of Bitcoin, so you don't get taxed twice on the cost-basis amount.

    --
    If it weren't for deadlines, nothing would be late.
  5. Re:At last by ColdWetDog · · Score: 4, Funny

    Selling human beings, especially heroines is illegal and generally Frowned Upon. Sort of like selling heroin except worse.

    --
    Faster! Faster! Faster would be better!
  6. Re:At last by Joce640k · · Score: 2

    This is actually good news. Tax on Bitcoin legitimize the currency.

    Riiight. I can see all those Bitcoin miners heading out to get their tax forms right now so they can declare their coins.

    --
    No sig today...
  7. Re:If BITC are property.. by bws111 · · Score: 5, Informative

    What makes you think no tax applies to a barter transaction?

  8. Re:Yet another reason... by jeffmflanagan · · Score: 2

    >Just let it go already. You didn't mine Bitcoins at the beginning and now you're pissed off because you're not rich.

    I'd think that that would have sounded stupid in your head, so you wouldn't have posted it. What went wrong?

  9. Probably really bad news for bitcoin, actually by Primate+Pete · · Score: 3, Interesting

    I would think this is really bad news in disguise for bitcoin, because it discourages the use of bitcoin for commerce both because of the tax issue and because of the reporting requirements. (Who wants to deal with computing a wash sale just to buy a cup of coffee?) If people are inspired to sit on bitcoin until they cross the 1-year capital gains threshold, that behavior change could move bitcoin one step away from use as a currency, and put it in the same illiquid category as gold or bearer bonds.

    1. Re:Probably really bad news for bitcoin, actually by DerekLyons · · Score: 3, Insightful

      I would think this is really bad news in disguise for bitcoin, because it discourages the use of bitcoin for commerce both because of the tax issue and because of the reporting requirements. (Who wants to deal with computing a wash sale just to buy a cup of coffee?)

      If they'd ruled it was a currency, you'd still have to deal with taxes and a raftload of paperwork (plus a whole slew of specific regulations for currency exchange to boot). You can't have a legitimate medium of exchange *and* be free of taxes and paperwork, they're (if you'll pardon the pun) two sides of the same coin. That's been one of the deep flaws in the thought processes of Bitcoin fanboys all along - the failure the recognize that along with real world legitimacy comes all the other baggage of the real world.

  10. Re:This didn't require any ruling. by ZombieBraintrust · · Score: 4, Informative

    The ruling is more about what forms you need to fill out when your report your taxes. There are separate formulas for currency than for property. Bitcoins don't have some of the complexity that foriegn currencies do.(exchange rates, trade agreements) So the property forms are less work for the IRS.

  11. Re:If BITC are property.. by CanHasDIY · · Score: 2

    What makes you think no tax applies to a barter transaction?

    The fact that no treasury notes change hands, if I were a bettin' man.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  12. Re:If BITC are property.. by iggymanz · · Score: 2

    your lawmakers, state and federal, have a different opinion of the subject. Also the IRS.

  13. What about other crypto-coins? by ArcadeMan · · Score: 4, Interesting

    Did they just write "Bitcoin" in the new law or something more general that can include anything? Otherwise, Bitcoin is now regulated but LiteCoin, DogeCoin and all the other coins are not.

    1. Re:What about other crypto-coins? by DerekLyons · · Score: 4, Informative

      No, the ruling specifies "virtual currency" without naming any specific currency, Bitcoin is only used as an example.

      Linkage:

      IRS press release.
      Full text (PDF) of IRS Notice 2014-21 (which includes a FAQ).

  14. Re:If BITC are property.. by Tony+Isaac · · Score: 4, Informative

    Not so fast. The IRS does tax barter transactions.

    http://www.irs.gov/taxtopics/t...

  15. Don't have to pay the tax by Imagix · · Score: 4, Informative

    Yep, you don't have to pay capital gains on the appreciation of your property. Not the same thing as property tax. Property tax is dealing with the property's "current value". Since you are still holding the property, no capital gains (or losses) have occurred (yet).

  16. Re:Cost Basis? by jasonrice22 · · Score: 2

    I don't see why it would be any different than any other business that writes off the cost of electricity and equipment.

  17. More like bad news for other cryptos by IndigoDarkwolf · · Score: 2

    The really attention-grabbing thing about the IRS guidance is Question 8 under the FAQ, which reads:
    Q-8: Does a taxpayer who “mines” virtual currency (for example, uses computer
    resources to validate Bitcoin transactions and maintain the public Bitcoin
    transaction ledger) realize gross income upon receipt of the virtual currency
    resulting from those activities?


    A-8: Yes, when a taxpayer successfully “mines” virtual currency, the fair market value
    of the virtual currency as of the date of receipt is includible in gross income. See
    Publication 525, Taxable and Nontaxable Income, for more information on taxable
    income.

    (emphasis in the original)
    This sounds like an enormous amount of record keeping for individual miners to keep track of.

  18. Re:the topic is MORE federal taxes. libraries are by NicBenjamin · · Score: 3, Insightful

    First off if you're in a state that actually spends only 8% of it's SDP you're in a minority. Most states are in 9% or 10% range. More people live in one state that's above 11% (Cali) then all sub-9% states combined.

    The Feds support a lot of state-level spending through indirect programs. Student aid like Pell Grants, Race to the Top money, and support for police allows a lot of libraries to be built.

    The NSA, billion-dollar-bombers, and campaign contributors only actually add up to a small fraction of the Federal budget. A huge chunk is transfer payments set up before most campaign contributors were born. Medicare and Social Security alone are a majority of Federal spending in the 2010-2019 period. Medicaid is another fairly large chunk, this year ObamaCare subsidies kick in, with Pell grants, Earned Income Credit, military retirements, the VA, etc. I'd estimate 2/3-3/4 of Federal spending is simply the Feds shuffling money from the accounts of some Americans into the accounts of American who American voters have decided deserve the money more.

    The "Billion-dollar-bombers" could be gotten rid of easily in theory. In practice those pesky American voters tend to look on defense cuts as encouraging Putin to be Hitler Mk. II, so it's unlikely they'll be cut. Whatever it's other crimes, the NSA budget is a rounding error (literally: $11 Billion is under 1/3 of a percent of the total) on the Federal total. "Handouts" to campaign contributors tend to be exaggerated. There's generally no quid-pro-quo. What happens is the company that would be a shoe-in if the government decided to study the effect of dung beetle blood on the flu virus finds a candidate who supports studying dung beetle blood and sends him a check. If Congressional votes could actually be easily bought then we wouldn't have a DRIC project, we'd have a second span to the Ambassador Bridge.

    Which means that when Federal spending cuts get talked about proposals tend to be both ambitious and vague (ie: every Paul Ryan "budget" ever) or specific and miniscule (like your proposal, which the NSA's 0.31% off Federal spending). The specific/miniscule cuts that could actually get passed would almost certainly include most support for states and cities because Congress doesn't get yelled at when Jindal has to expel scholarship students from Louisiana State.

  19. I don't believe in imaginary property by Garabito · · Score: 2

    "I don't believe in imaginary property" was a popular anti-IP catchphrase here on Slashdot. It seems like it could apply here too.

  20. Re:Long-Term vs. Short-Term by NicBenjamin · · Score: 2

    There's specific rules governing this with stocks. First-In-First-Out would mean your appreciation (and gain/loss) is based on the oldest coin still in your wallet. Last-In-Last-Out does the opposite, and all the numbers are based on the coin you purchased most recently. You could also figure the average cost of the coins in your wallet and use that as your basis. You get to pick which method you use.

    It looks like you could switch from LIFO to FIFO and back from year to year. The sole restriction seems to be that you can only use each coin once.