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2023-03-31

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
31
 
Mar
 
2023
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10
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What is a utility token?

Everything you need to know about utility tokens and their possible tax implications. Learn more now.

Key takeaways
This tax guide is regularly updated: Last Update  
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Let’s start with the definition of the word ‘utility’, stated as being “something useful or designed for use”. Utility tokens are simply that: cryptocurrency assets which are designed to serve a specific use case (or use cases). In most cases, utility tokens are built with a particular platform or program in mind. They are designed to allow the holder to perform a specific action, one that generally can’t be done without the ownership of a utility token. Where ‘normal’ cryptocurrency tokens represent a source of value, utility tokens can be viewed as more akin to a ticket, allowing you to access something you otherwise wouldn’t be able to.

What are common use cases of utility tokens?

There are currently several different use cases for utility tokens, a list that is sure to continue growing as developers find more ways to interact with them. For now, we’ll look into the most common use cases of utility tokens:

  • To engage in activities on a decentralized exchange (DEX), users may need a specific utility token that is native to that particular platform. As an example, a standardized amount of Stellar’s native token Lumen is required to be held at all times in order for uses to be able to engage with the platform.

  • Oftentimes, holding utility tokens grants some sort of benefit to the user - whether through additional rewards, discounts and more. An example of this was the recent $APE airdrop in return for holding a Bored Ape NFT (non-fungible token).

  • Utility tokens are also commonly used to reward supporters of their platform. A great example of this is Pancake Swap’s native token $CAKE. $CAKE holders are able to participate in a holders-only lottery, use it in exclusive yield farms, stake it in liquidity pools and more. All of this means that $CAKE holders have the opportunity to gain added value compared to non-$CAKE holders.

  • Governance is one other common use case of a utility token. As seen with Uniswap’s native token $UNI, utility tokens can be used to put the direction of a protocol in its community’s hands. $UNI holders are able to vote on governance proposals which dictate what Uniswap should or shouldn’t do.

How are utility tokens different from tokens like ETH?

The differentiation point between utility tokens and other tokens comes down to the intended purpose of the token in question. Utility tokens are created for their functionality, whereas assets like ETH or BTC are developed to be used as a currency and/or store of value. This being said, it is possible for a utility token to be used as currency, or a normal token to be used for utility.

Do utility tokens have different tax consequences?

Onto the next question, do utility tokens have different tax consequences than other cryptocurrency assets? The answer: not usually. Generally, utility tokens receive the same tax treatment as any other cryptocurrency asset in your region. There is the possibility that because of the intention to be used purely for functionality instead of in a profit-making undertaking that this could change, but there are not yet any special guidelines for utility tokens in most regions.

If you’re unsure of how transactions involving utility tokens should be handled for tax purposes, we recommend talking to a local tax professional to get some guidance.

How Summ can help

Summ (formerly Crypto Tax Calculator) gives you the ability to import crypto transaction data from a variety of sources, and then reconcile these transactions for tax purposes. Utility tokens are no exception - our software will auto-categorize transactions involving these where possible and apply the recommended tax calculations for your region.!

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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