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2023-09-19

How Investing vs Trading impacts tax

In most cases of buying and selling cryptocurrency as a retail investor, you are participating in investing rather than trading. The two are treated differently for tax purposes.

  • Investing is subject to capital gains tax or income tax, depending on the nature of the transaction.
  • Trading in this case refers to self-employment which is subject to income tax and National Insurance Contributions.

The key difference between investing and trading – along with the different tax treatments, is how losses generated in the crypto-activity can be used.

In their guidance, HMRC have explicitly stated that they would expect it to be exceedingly rare that any crypto-activity constituting buying & selling crypto would be classified as “trading”.

If you are uncertain, speak to a tax advisor as there are always exceptions, including but not limited to, developing tokens and large scale mining.

How is crypto tax calculated in the United States?

You can be liable for both capital gains and income tax depending on the type of cryptocurrency transaction, and your individual circumstances. For example, you might need to pay capital gains on profits from buying and selling cryptocurrency, or pay income tax on interest earned when holding crypto.

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19
 
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2023
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A Quick Tax Guide For Crypto Lending

The crypto lending space is one of the most consistently profitable areas in the space at the moment. Unfortunately, because it is so new people have been struggling to keep up with the tax implications of individual trades and platforms. Here is a short guide about the tax implications of crypto lending.

Key takeaways
This tax guide is regularly updated: Last Update  
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Background

We have published an in-depth guide for DeFi taxes which includes specific examples for a wide range of products including lending and borrowing which you can check out. If you want a brief overview of how lending crypto will impact your tax obligation keep reading.

With the DeFi boom in crypto one of the main ideas behind breaking the banking industry has been around the borrowing and lending space, why go through a bank when you can lend your money at a higher interest rate on a decentralized platform, while maintaining control over your funds, security, and privacy.

The basic idea is the same as how lending money works in the broader financial system. You lend your capital and in return receive interest and your initial capital stake. In the DeFi world, one of the interesting tax differences is around how your interest is paid out.

Income Tax

In this case, you deposit funds, and the interest is airdropped to your account periodically. Just like if you deposited funds at a bank the interest you earn is subject to income tax. The income tax is based on the value of the currency you receive in the airdrop at the time of the airdrop. If you decide to hold the currency longer and sell later you will be subject to capital gains when you sell.

Capital Gains

Some DeFi platforms use their own tokens to accrue interest. You deposit your funds and in return, they are transferred into the platforms native token (cTokens for example). You earn interest just like you would in the income tax approach however the interest isn’t airdropped to your account, instead, the value of the platform’s tokens increase and you only pay a capital gains tax when you decide to withdraw your funds and transfer the platform tokens back to ETH or a stable coin.

This approach has the benefit of avoiding income tax and you can decide when you take the tax hit.

Important points to remember when lending crypto

No matter what platform you use there are a few key points it’s worth remembering:

  1. If the platform you use automatically transfers your tokens to the platforms native tokens or wraps it this is a capital gain event as you are transferring one currency for another.
  2. If you are airdropped any tokens this is considered income and is subject to income tax
  3. If the value of the platform coins you hold increases when you withdraw them it is a capital gains event as the value has changed, it could be a capital loss if the tokens value in AUD terms decreases.

Wrapping Up

DeFi lending can be a complicated space and with the industry evolving so rapidly many tax regulators haven’t had time to keep up. These rules are based on interpretations that were created for the general crypto space. It is important to know that the ATO could update these regulations but it is good to know the base regulations in the meantime.

The information provided on this website is general in nature and is not tax, accounting or legal advice. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this information, you should consider the appropriateness of the information having regard to your own objectives, financial situation and needs and seek professional advice. Summ (formerly Crypto Tax Calculator) disclaims all and any guarantees, undertakings and warranties, expressed or implied, and is not liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or Consequential Loss or damage) arising out of, or in connection with, any use or reliance on the information or advice in this website. The user must accept sole responsibility associated with the use of the material on this site, irrespective of the purpose for which such use or results are applied. The information in this website is no substitute for specialist advice.

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