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Bitcoin Exchange Ordered To Give IRS Years of Data On Millions of Users (gizmodo.com)

Last month, instead of asking for data relating to specific individuals suspected of a crime, the Internal Revenue Service (IRS) demanded America's largest Bitcoin service, 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. On Wednesday, a federal judge authorized a summons requiring Coinbase to provide the IRS with those records. Gizmodo reports: Covering the identities and transaction histories of millions of customers, the request is believed to be the largest single attempt to identify tax evaders using virtual currency to date. As a so-called "John Doe" summons, the document targets a particular group or class of taxpayers -- rather than individuals -- the agency has a "reasonable basis" to believe may have broken the law. According to The New York Times, the IRS argued that two cases of tax evasion involving Coinbase combined with Bitcoin's "relatively high level of anonymity" serve as that basis. "There is no allegation in this suit that Coinbase has engaged in any wrongdoing in connection with its virtual currency exchange business," said the Justice Department on Wednesday. "Rather, the IRS uses John Doe summonses to obtain information about possible violations of internal revenue laws by individuals whose identities are unknown." In a statement, Coinbase vowed to fight the summons, which the company's head counsel has previously characterized as a "every, very broad" fishing expedition.

32 of 203 comments (clear)

  1. ussa by harvey+the+nerd · · Score: 2

    Prison Planet, USA.

  2. Are we there yet? by avandesande · · Score: 5, Insightful

    What is the difference between this and the IRS asking for banks to release 3 years of all of its customers records, because cash is anonymous?

    --
    love is just extroverted narcissism
    1. Re:Are we there yet? by Anonymous Coward · · Score: 5, Informative

      Because Bitcoin is not a currency according to previous legal rulings and the IRS seems to be treating it however would advantage them in any given instance. I would assume that holding on to bitcoin then qualifies for capital gains if sold later at a profit.

    2. Re: Are we there yet? by lxs · · Score: 2

      Most crypto exchanges are located outside of the US. "They" have no jurisdiction there.

    3. Re:Are we there yet? by bill_mcgonigle · · Score: 2

      What is the difference between this and the IRS asking for banks to release 3 years of all of its customers records, because cash is anonymous?

      And there are people here who want to get rid of cash.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:Are we there yet? by deadwill69 · · Score: 4, Informative

      You seem to have most of it right:

      https://www.irs.gov/uac/newsro...

      In some environments, virtual currency operates like “real” currency -- i.e., the coin and paper money of the United States or of any other country that is designated as legal tender, circulates, and is customarily used and accepted as a medium of exchange in the country of issuance -- but it does not have legal tender status in any jurisdiction.

      The notice provides that virtual currency is treated as property for U.S. federal tax purposes. General tax principles that apply to property transactions apply to transactions using virtual currency. Among other things, this means that:

              Wages paid to employees using virtual currency are taxable to the employee, must be reported by an employer on a Form W-2, and are subject to federal income tax withholding and payroll taxes.
              Payments using virtual currency made to independent contractors and other service providers are taxable and self-employment tax rules generally apply. Normally, payers must issue Form 1099.
              The character of gain or loss from the sale or exchange of virtual currency depends on whether the virtual currency is a capital asset in the hands of the taxpayer.
              A payment made using virtual currency is subject to information reporting to the same extent as any other payment made in property.

    5. Re:Are we there yet? by Anonymous Coward · · Score: 4, Informative

      The IRS will always figure out how to get their money. Look at all the cannabis dispensaries in the states where it's "legal" (it's not really legal because the states really don't have the right or authority to make it legal since it's illegal at the Federal level). Few, if any, of those businesses have a bank account because at the Federal level cannabis is still a class 1 narcotic and banks will not touch these businesses. So they deal in cash most of the time, can't even process credit cards either due to not having a bank account.

      Yet, the IRS (a Federal agency) has created rules for them to be able to report income and pay their taxes. So even though the banks won't touch them for fear of the Feds coming after them the IRS has no problem collecting money from something deemed "illegal" at the Federal level.

      It won't matter if you decide to make dirt your currency and you have a group of friends who trade dirt for products or services. If the IRS catches wind and finds out, THEY will figure out what you owe them and you'll have to fight them on what they decide. Same goes for bartering schemes. You cannot trade a service or product and not pay taxes on what you receive. That is if you're following the rules/laws, which in those instances I doubt you'll find more than a few dozen Americans, who also all happen to be accountants, who report this sort of stuff on their personal taxes.

    6. Re:Are we there yet? by smooth+wombat · · Score: 2

      Yet, the IRS (a Federal agency) has created rules for them to be able to report income and pay their taxes.

      The overriding rule of the IRS is income (or revenue in this case) is defined as money derived from any source, unless explicitly exempted by law. As said just below you, the IRS makes no differentiation between money made by some guy working in a cube or the drug dealer on the corner. So long as both report how much money they brought in, and pay taxes on that money, the IRS is satisfied.

      And no, I'm not kidding about paying taxes on money from dealing drugs. Read for yourself.

      Therefore, the IRS expects these shops to pay their federal taxes just like the states expect them to pay their state taxes. There is no contradiction.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    7. Re: Are we there yet? by orlanz · · Score: 2

      Germany, UK, France, and even Switzerland have been sharing financial information with the US (and vice verse) for over a decade. The US has been recording all global SWIFT transactions for well over 2 decades. Most banks that span across countries and participate in the SWIFT system already provide this information. Even from countries such as India, and Singapore.

      If you are not a US citizen, the other members don't actively report on you but will upon request. It's not just a US thing. Germany/India/Canada can request as such in reverse.

      This isn't some US overreach concept. The global banks were already doing this and had the capability. The governments just decided to plug into the system for tracking funds going to terrorists and tax havens.

      The hard part for the governments is linking a specific person to all their foreign account numbers. For rich folks and companies, they can easily make accounts under aliases/shells/agents. It's the common citizen that can't really hide. But then again, the common citizen isn't worth going after.

  3. This is why.... by LaoTzePhuuk · · Score: 5, Interesting

    ....cash should be used whenever possible.

    1. Re:This is why.... by ArhcAngel · · Score: 2

      Until it is outlawed or becomes too heavy to carry!

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    2. Re:This is why.... by roman_mir · · Score: 2

      I say lock up everybody who pays taxes to the government instead of avoiding and evading all taxes. The people paying taxes are directly responsible for the government oppression being perpetrated against individuals, groups, all the war and economic crimes. Governments are the culprit marauders, destroying individual rights and all must be judged and executed AFAIC.

  4. Only a matter of time. by jxander · · Score: 4, Insightful

    As soon as Bitcoin entered common parlance, this became the obvious endgame.

    As soon as you could purchase normal day-to-day goods, it became inevitable.

    And as much as it sucks ... they're right. Using crypto currency does avoid taxes, even if that isn't the primary intent.

    I just wish they'd found a better way to address the issue. A mass subpoena is rather inelegant, and will cause a lot of pushback.

    --
    This signature is false.
    1. Re:Only a matter of time. by geekmux · · Score: 5, Insightful

      As soon as Bitcoin entered common parlance, this became the obvious endgame.

      As soon as you could purchase normal day-to-day goods, it became inevitable.

      And as much as it sucks ... they're right. Using crypto currency does avoid taxes, even if that isn't the primary intent.

      Replace bitcoin with gold in the above statement.

      Humans have been using alternatives to taxable currency for a very long time in exchange for goods and services. Mining it out of the earth vs. mining it out of a machine; I fail to see a difference here, and tends to question the tax argument.

      Meanwhile, in Ireland, trillions sit quietly...funny how that shit works, ain't it?

  5. Re:IRS is illegal by mark-t · · Score: 2

    You have no idea what you are talking about.

    Seriously... you don't know what you are talking about. The 18th amendment established prohibition against alcohol, and was utterly repealed by the 21st amendment, so technically it is the 18th amendment itself that is unconstitutional, not the IRS.

  6. Non Issue by Trachman · · Score: 3, Interesting

    If somebody had bitcoins, was smart to keep a blockchain in his own computer, and apply some common sense, this is not an issue.

    If somebody opened account, provided name other information, then had to realize that their custodian is merely another type of bank, and all of the transactions will be subject to the scrutiny. Just like the regular old fashioned bank.

    This is merely a way to scare bitcoin users.

    Those who understand bitcoin have enough brain to maintain their anonymity.

    1. Re:Non Issue by Yunzil · · Score: 2, Insightful

      Those who understand bitcoin have enough brain to maintain their anonymity.

      If they had even more of a brain, they wouldn't have bothered with bitcoin in the first place.

    2. Re:Non Issue by mysidia · · Score: 2

      You can shuffle bitcoin back and forth between several addresses and nobody can figure out who the underlying owner(s) are.

      This is action likely going to be considered money laundering or creating structured transactions designed to conceal
      the origin of funds, which is itself a crime in the US.

  7. Re:How does bitcoin know which customers are Ameri by Anonymous Coward · · Score: 5, Informative

    The premise of your question is flawed. BitCoin transactions are NOT anonymous, they are actually tracked *forever* in the block chains which are public records. What's supposed to protect you is that your wallet (a set of Crypto Keys actually) is used to identify parties in a transaction. Where it may not be easy to match the wallet to the person (or entity) making the transaction, but once you do, you can find EVERY transaction made by that wallet from public information.

    Those trading BitCoin (which is something impossible to physically trade) must do so electronically, which means you have to use some kind of exchange at some point in order to obtain something of value for your BitCoin (i.e. trade it for something else). It's these conversion transactions where the anonymous nature of those Coins really isn't so safe and one's identity can be revealed. Once you are identified as the owner of a wallet, then everything you've done falls out of the public record in the block chains.

  8. Re:TRUMP approves! by NatasRevol · · Score: 5, Insightful

    Honestly, nobody knows what the fuck he would say.

    Or whether or not he'd change his opinion the next day, depending on who he met with that night.

    --
    There are two types of people in the world: Those who crave closure
  9. Re: It's Trumps Fault! by NatasRevol · · Score: 5, Insightful

    I hate it when they use his own words against him.

    It makes them look so bad.

    --
    There are two types of people in the world: Those who crave closure
  10. Confused by HuskyDog · · Score: 3, Interesting

    It is very likely that I don't understand enough about Bitcoin!

    Question 1: Why would anyone who thought that they might not be paying all their US taxes use an exchange based in the USA? Is it something to do with needing to convert the Bitcoins to Dollars so that you can actually spend them?

    Question 2: Given that one of the main selling points of Bitcoin is anonymity, why would someone operating an exchange keep any but the barest records? I appreciate that they can't destroy the information now they have been asked for it, but I am trying to grasp why they would put themselves at risk of being in that position by retaining it in the first place?

    1. Re:Confused by PRMan · · Score: 2

      1. The standard answer on the Bitcoin forums was that they "didn't need to pay taxes. You're a moron if you do." Of course, this was against the tax advice of the IRS, which was to declare them with buying and selling dates as Capital Gains.

      2. Well, Coinbase was happy to hold your bitcoins for you and provide an easy way to buy and sell, but then they held your account hostage and demanded more and more information to get your assets back.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  11. Re:Doesn't Make Sense by UnknownSoldier · · Score: 2

    > the many legal tax loopholes that the government refuses to close?

    Such as?

  12. Re:So laundering your bitcoin wasn't paranoia by anegg · · Score: 2

    It is my understanding that if a US citizen has any income, they are expected to declare it, whether it is identified in data submitted by other parties (such as your employer) or not. If they don't declare and pay taxes on the income, they have probably violated the US tax code. Since buying and selling Bitcoin can result in income, not declaring that income would probably violate the tax code. The US IRS knows the tax code very well. They may sometimes push the envelope on enforcement, and every once in a while they might lose in court, but I think they win far more often than not.

  13. Re:Doesn't Make Sense by edtice1559 · · Score: 2

    Carried interest, for example

  14. Re:Duplicate by Muntzsky · · Score: 2

    No, not a duplicate but an update. The post you linked from Nov. 18 was actually included in this story (2nd link). Today's post says "On Wednesday, a federal judge authorized a summons requiring Coinbase to provide the IRS with those records."

  15. Re:IRS is illegal by FatdogHaiku · · Score: 4, Funny

    The Jefferson Clause of the United States Constitution...

    Is that the one that talks about a guy and his wife that are movin' on up (movin' on up) to the East Side (movin' on up), To a deluxe apartment in the sky?

    --
    You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
  16. Re: It's Trumps Fault! by tomhath · · Score: 2

    It's NYT, those digs aren't random.

  17. Re: TRUMP approves! by radiumsoup · · Score: 2

    They are regulated by the Feds and by all 50 states* as money transmitters. That isn't cheap nor is it easy to just replicate quickly, let alone overnight.

    * I think 1 or 2 states don't require a fee or registration, but there is enormous pressure for all states to regulate money transmitters

  18. Blanket Warrant by DERoss · · Score: 4, Insightful

    The basic issue is not about bitcoin. It is about the scope of warrants, summonses, and subpoenas. The Fourth Amendment to the U.S. Constitution states:
    > The right of the people to be secure in their persons, houses,
    > papers, and effects, against unreasonable searches and seizures,
    > shall not be violated, and no Warrants shall issue, but upon probable
    > cause, supported by Oath or affirmation, and particularly describing
    > the place to be searched, and the persons or things to be seized.

    I doubt there is "probable cause" that tax evasion has indeed been committed by Coinbase's users. Such a broad summons fails to describe which persons' accounts are to be examined. Since the summons was served on Coinbase, which has not been suspected of a crime, a challenge of the summons to appeals courts or the US Supreme Court might be very successful.

  19. John Doe warrants are the problem here by Applehu+Akbar · · Score: 2

    When the IRS or any other agency wants discovery of evidence in a case, it should be demonstrating interest in a specific person, partnership or corporation being investigated. The whole idea of John Doe warrants is an unconstitutional fishing expedition. Let's hope that now we'll get some new Supreme Court appointees who don't rubberstamp the government's every whim.