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2024-02-02

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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blog
02
 
Feb
 
2024
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10
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Can the IRS Track Crypto Transactions?

There's a popular belief floating around that when it comes to cryptocurrencies, you're moving in a shadow world where transactions slip past the IRS unnoticed. Is this really true?

Key takeaways
This tax guide is regularly updated: Last Update  
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There's a popular belief floating around that when it comes to cryptocurrencies, you're moving in a shadow world where transactions slip past the IRS unnoticed. It's a comforting thought for some, but it's pretty far from reality. The truth is the digital trails we leave behind with crypto are not as hidden as one might hope. Blockchain, the technology underpinning most cryptocurrencies, is anything but a cloak of invisibility. It's a permanent, open book that anyone, including the IRS, can read if they choose to.

This transparency, along with the cooperation of cryptocurrency exchanges that follow Know Your Customer (KYC) guidelines, and the questionable effectiveness of using mixers like Tornado Cash, paints a clear picture: staying off the IRS's radar with crypto isn't as simple as it sounds.

The Immutable and Public Nature of Blockchains

Blockchain is the backbone of cryptocurrencies, acting as a digital ledger where all transactions are recorded. This ledger is immutable and open to the public, which means once a transaction is logged, it can't be erased or hidden. Every trade, sale, or transfer leaves a digital footprint that, theoretically, could be traced back to its source.

This level of openness makes blockchain one of the least likely places to conceal financial activities. For tax authorities, with the right tools at their disposal, tracing the movement of funds from one address to another is entirely within the realm of possibility. Whether you're dealing with Bitcoin, Ethereum, or any other cryptocurrency, the blockchain ensures that every transaction is recorded for posterity.

Centralized Exchanges are IRS Allies

The role of cryptocurrency exchanges that adhere to KYC regulations can't be understated in the IRS's efforts to track crypto transactions. These exchanges collect personal information from their users, linking digital transactions to real-world identities. This information is gold for the IRS, making it much easier to follow the flow of cryptocurrencies as they move into and out of regulated platforms.

Such exchanges must report significant trading activities to the IRS, including where the funds are going and from where they came. Even when users move their assets off these platforms, the information about withdrawal addresses provides a starting point for further investigation.

The Risks of Using Crypto Mixers

Crypto mixers, like Tornado Cash, claim to obscure the origins and destinations of cryptocurrency transactions, offering a veil of anonymity. However, using these services as a means to dodge taxes or hide financial dealings is risky and not as clever as it might seem. The IRS is well-equipped to tackle sophisticated tax evasion strategies and can often trace the movement of funds even through the obfuscation tactics of mixers.

Moreover, mixers have come under legal scrutiny for their potential role in facilitating illegal activities. Engaging with these services draws attention and could entangle users in legal troubles beyond tax evasion.

Conclusion

The notion that crypto transactions are invisible to the IRS is a myth. The inherent transparency of blockchain technology, the detailed records kept by KYC-compliant exchanges, and the dubious security offered by mixers all mean that the IRS has the tools and the will to track crypto transactions. For those dabbling in cryptocurrencies, it's wise to operate under the assumption that all transactions are traceable and to adhere to all tax obligations. Trying to outsmart the IRS with cryptocurrencies is unethical, increasingly challenging, and fraught with risks.

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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