IRS Demands Identities of All US Coinbase Traders Over Three Year Period (vice.com)
An anonymous reader quotes a report from Motherboard: In bitcoin-related investigations, authorities will often follow the digital trail of an illegal transaction or suspicious user back to a specific account at a bitcoin trading company. From here, investigators will likely subpoena the company for records about that particular user, so they can then properly identify the person suspected of a crime. The Internal Revenue Service, however, has taken a different approach. Instead of asking for data relating to specific individuals suspected of a crime, it has demanded bitcoin trading site Coinbase to provide the identities of all of the firm's U.S. customers who made transactions over a three year period, because there is a chance they are avoiding paying taxes on their bitcoin reserves. Coinbase has a total of millions of customers. According to court filings, which were first flagged by financial blogger Zerohedge on Twitter, the IRS has launched an investigation to determine the correct amount of tax that those who use virtual currencies such as bitcoin are obligated to pay. But according to the documents, the IRS is asking for the identities of any U.S. Coinbase customer who transferred crypto-currency with the service between 2013 and 2015. "The John Does whose identities are sought by the summons are United States persons who, at any time during the period January 1, 2013, through December 31, 2015, conducted transactions in a convertible virtual currency," reads a memorandum written by Department of Justice attorneys and filed on Thursday, November 17.
"Coinbase has a total of millions of customers."
This sentence really set off my annoyance sub-processor.
#DeleteChrome
The end is coming for shitcoin!
"the IRS has launched an investigation to determine the correct amount of tax that those who use virtual currencies such as bitcoin are obligated to pay."
On a related note, back in 2004ish I was working for Starbucks while going to school. One day we were called to an off-site location (a church hall owned by his family) by the regional district manager to discuss an off the record situation. Apparently the IRS had contacted Starbucks and said if management in our region didn't start taking taxes out of everyone's tips per shift, the IRS was prepared to go back 5 years for every Starbuck's employee and garnish their wages according to what the Government "estimated" we had earned in tips. We were given the option to accept it or give our two weeks. Well since I was only making about 9 bucks an hour but 15+ dollars in tips because I worked my ass off every shift treating regulars right, that was the last straw for me and I walked away after almost 5 years of otherwise enjoyable employment. That day also left a very sour taste in the mouth, sobering me up to the reality that no matter who is in charge, the government will always be greedy and be willing to hurt the little guy to get what they think is owed.
Coinbase should be able to get this quashed.
If the IRS had evidence of a crime, they're allowed to get information to further identify the person who committed it.
If Coinbase had committed a crime, they're allowed to get information as to who else was involved in it.
However, to subpoena a list of all clients in a certain geographical area over a three year period is to presume them guilty and then look for the innocent. That's a classic fishing expedition, and the courts should disallow it.
I am not a lawyer. Consult lawyers for legal advice. This is simple common sense.
E
P.S. I know the IRS is powerful... but not ALL powerful.
because there is a chance they are avoiding paying taxes on their bitcoin reserves
What exactly is the federal tax on "bitcoin reserves"???? If you have cash money that you keep in reserve, there is no tax on it (assuming that you paid income tax on the original income). If there is actually no tax on "bitcoin reserves" as I believe, then this is an invasive fishing scam that improperly puts these bitcoin users in the position of being investigated just because they used Coinbase.
I'm an American. I love this country and the freedoms that we used to have.
The left wants to raise taxes because they think it will increase tax revenue.
The right wants to lower taxes because they think it will increase tax revenue.
When the hell did it become moral for a government to maximize tax revenue?
Its down right evil.
"His name was James Damore."
Oh, right, its property now, right IRS?
https://www.irs.gov/uac/newsro...
Because they have a mandate to manage property that is not theirs, obtained with currency.. I mean, "property" that was not created or backed by the federal reserve bank, and no matter what nation if extraction the individuals involved in the exchange of property are from, they need to perform excise on it, right?
So, I need to declare when I give property to another person on my W2. Such as when I give a Christmas present, or give blankets and coats to starving families.
Obviously this is rational, and essential for proper governance.
Yep, our government has shown it not only needs more money and more power to make all our lives better, it's also shown that's it's a responsible government and won't abuse that power.
So PAY YOUR FAIR SHARE!!!!!
All that extra money and power won't be used against you.
Our wonderful government PROMISES!!!!
And that that was one of the main benefits of using it? I was always confused how on earth that was supposed to work. Comforting to see that the answer is apparently "it doesn't".
They are not taxing your reserves. They seem to be looking for (a) people who traded in bitcoins but didn't report the gain/loss and (b) people who sold goods/services and were paid in bitcoins but didn't report the income.
Bitcoin is as anonymous as you want it to be.
Exchanging it for fiat currency isn't.
Money laundering with magical internet money is still money laundering.
Even if you're not trying to cheat, perhaps you should think twice about putting some form of money in to a completely unsecured and untested financial institution. At least with a traditional institution you'd know where you stood and the IRS would have to follow some guidelines and would not have grounds for a blanket information pull.
Given that these joker outfits that call themselves exchanges keep getting hacked ever other week, getting worked over by the IRS is probably the least of your worries.
Let me put my tinfoil hat on. They're going after Kim Dotcom again. He announced a while back that he would be using his mega service to mine bitcoins.
When bitcoin hit the scene years ago, I said that it was currency.
Got a lot of flack for that.
Then I said that as soon as it could be converted to real cash, it would be regulated.
I was wrong on the timing, but bitcoin is going to be another Paypal.
It little behooves the best of us to comment on the rest of us.
According to Intuit, profit from selling BTC is taxed like income, holding BTC which is increasing in value is taxed as capital gains, and "earning" BTC through mining is taxed as revenue which can be offset by mining costs: https://turbotax.intuit.com/ta...
This is why I spend my BitCoin. No need to convert it to USD. But I live in one of the most BitCoin friendly places on earth: New Hampshire. Thanks to the Free State Project which is a migration of liberty-minded individuals to New Hampshire I have lots of places to spend it. Rent, car insurance, lunch (many restaurants around here accept it), paying employees (actually have one employee who gets his full paycheck this way), etc
holding BTC which is increasing in value is taxed as capital gains ...and like any other investment subject to taxation as capital gains, the tax isn't owed until the asset is sold and the gain is realized.
I declared my bitcoin profits on my tax return as short term capital gains so I'm covered.
Sucks to be one of the suckers who thought they were gonna pull a fast one. The writing was on the wall for anyone who cared to look.
But the specific excuse for doing this mentioned reserves. They might as well just admit that they are on a fishing expedition.
I'm an American. I love this country and the freedoms that we used to have.
Remember the posts that keep saying Bitcoin is currency no different from your greenbacks? Now you got what you asked for.
Any normal company that deals with currency already have to report their transactions to IRS, now all you BC promoters should rejoice that IRS is treating Bitcoin like a currency.
Just hack into the IRS and erase their database and wipe out all records. Seeing how easily the OPM was hacked, this should not be that hard for a talented group.
If the IRS wants to operate outside the US Constitution and Rule of Law, then they abrogate the right to any protections provided under the law and are fair game.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
Surely CGT only applies to the holding once you sell it? Here in NZ this is the case. It appears that tax is payable (profit) or refundable (loss) at the point that you convert the "coin" to actual cash-based currency. I've always thought that Bitcoin, and all the other virtual currencies that are generated from effort, are much like growing vegetables or rearing chickens for eggs that you'd then sell at the markets or to distributors. You'd pay tax once you received cash for the effort you put into the resource. Certainly the cost of vegetables and eggs has increased substantially over the years, as has everything, and so you'd be paying more tax for the greater income just like Bitcoin increasing in cash value at the point that you sell it.
And actual example from my own experiences has been exchanging my IT knowledge to repair a laptop for a mechanic friend and in exchange he serviced my car. I incurred some time cost an he incurred some time and materials cost but it didn't go on the books.
Am I completely wrong about this?
Who said Bitcoin was anonymous? If you read the FAQ that is the third question. No one knowledgeable ever said Bitcoin was anonymous.
But the specific excuse for doing this mentioned reserves. They might as well just admit that they are on a fishing expedition.
The slashdot summary phrases things as "reserves". The actually court document introduction focuses on tax avoidance. ... In order to identify taxpayers who have may have underpaid taxes associated with transactions in virtual currency, the United States brings this ex parte proceeding under 7609(f) and (h) of the Internal Revenue Code (26 U.S.C.) for leave to serve a John Doe summons on Coinbase."
"The IRS is responsible for monitoring ways in which United States taxpayers evade their United States tax obligations by concealing or otherwise failing to report their proper amount of taxable income and thus underpay their taxes
https://www.documentcloud.org/...
Is the IRS regularly does look at lots of financial records. Lots of entities report things about you to the IRS by law. Your W-2s? The IRS already has those, your employer sent it to them. Same with 1098s, 1099s, etc. You'll notice that they say something like "This is important tax information and is being furnished to the Internal Revenue Service." That means they are sending it to the IRS, as well as you. The IRS gets told about things like the interest you earn, and interest you pay, money you make, taxes withheld, and so on.
This is done for everyone. It is normal reporting, not an investigative thing. So the IRS doesn't ask banks/employers/etc for records on specific people, they are given records for all people, from all eligible institutions.
As such you can see why they'd think it might be reasonable to get information from a site that deals with financial transactions. Doesn't matter if you are doing transactions to magic Internet money any more than if it matters if it is transactions to stocks, options, or anything else.
by financial blogger Zerohedge on Twitter
Please. Zerohedge only pretends to be a financial blog. It's the frontpiece of a scam that tries to hype up gold price and dump them on goldbugs who are left with the bag, itself backed by Putin and Russia Today.
Bitcoin and other electronic currencies are "property" (see e.g. https://www.irs.gov/uac/newsro... )
Now the IRS doesn't automatically monitor all bank accounts: see e.g. here: http://peopleof.oureverydaylif... for
The IRS can however, force banks, foreign exchanges, and now electronic currency exchange houses, to disclose the identity of those engaged in transactions. It can do this to any individual or corporation if they decide to audit them: see here: http://www.libra.tech/blog/how... As far as I know, criminal law does not necessarily apply. A mere administrative decision to audit someone (could even be selected at random) is enough. See https://www.irs.gov/businesses... and here http://www.investopedia.com/as...
Of course, a complete regulatory framework for bitcoin and lookalikes hasn't yet materialised. According to this post: https://bitcoinmagazine.com/ar... it took about a decade to establish it for derivatives, so one might expect the same for bitcoin.
So what we see is the IRS seeing how far it can go, but they seem to have a very strong case. They're not auditing anyone in particular, but merely tracing a web of payments. Could be an audit. And consider the alternative. Suppose for example that bitcoin exchanges need not disclose the names of participants in transactions on request. You'd have an instant on-shore tax evasion mechanism ... and that is against the general thrust of tax law in general, not to mention common sense.
So I'm afraid the IRS will get its way ... and will go even further. Block chains are electronic records of transactions. Therefore potentially every last blockchain involving electronic currency transactions could become subject of disclosure to the IRS.
At least as far as bitcoin is concerned.
Please do not read this sig. Thank you.
I bought a few thousand Dogecoins in the last five years.
How many dog treats do you think I owe the IRS?
Yes. The IRS likes their money now. See taxation of zero coupon bonds as one example.
I'm very curious as to how the incoming Republican Administration and Congress will respond to this demand for information.
I think this is more about the IRS looking for people who have used the exchange of bitcoin (really, the sell) of either mined cones (in which case they would likely be responsible for income tax) or profit earned on the buy/sell similar to that of stock purchases, in which case they would likely be responsible for capital gains tax.
While I hope Coinbase is able to fight this, it's really not that much different than say Fidelity reporting your exchange activity. What is different, at least IMO, Coinbase (in this example) is acting more like a forex platform, exchanging USD for BTC, regardless of whether or not the BTC was recognized as currency at that time.
We'll see where this goes, but I think most of saw this coming as an eventuality once Coinbase started allowing people to cash-out in USD, the IRS had a tangible target to start collecting data from in order to start collecting taxes from the individuals.
-harryk
think before you write, it'll save me moderator points.
because cronies want more money. THAT is why.
As we speak, I am preparing a challenge to this request. 11 pages so far and counting. I expect to file a motion to intervene along with a motion to dismiss/deny the request in a short period of time. I thank Slashdot for bringing this to my attention. :)
Actually, the court document focuses on tax evasion. The difference is huge - avoidance is legal. Evasion is getting paid in cash and never reporting it. Avoidance is getting paid by your employer, and maxing your 401k
Your ad here. Ask me how!
And it's assholes like you who refuse to pay your taxes that have me actually rooting for the IRS in this regard.
But, if you think that's bad, just wait until the IRS decides to charge tax on every bitcoin transfer. After all, they're public.
Your ad here. Ask me how!
Normally your broker would send you a 1099 on stock trades...that's fine, but now imagine your credit card sold off very small pieces of stock for every transaction. Now the IRS wants you to fill out that consolidated form 1099 with hundreds of transactions detailing everything you purchased so they can compare that to any capital gains/losses you might have made from buying the bitcoin at a higher or lower price than when you spent the coins... Ok, different example of how this is a disaster. Imagine you purchased Yen in 2014, but had a Yen credit card that automatically converted the Yen into Dollars. The Yen changed value compared to the Dollar over the past 2 years every second of every day. The IRS now wants your full credit card statement...just in case you made money in Dollars they could tax you on due to the exchange rate between Yen and Dollars. Now I'm going to have to do dozens of pages of paperwork and give the IRS detailed information on my daily purchases...ugh.