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2024-02-02

Yield farming or DeFi interest

Earnings from yield farming or lending crypto in DeFi platforms are taxed as income at the time they are received. However, depositing into and withdrawing from a liquidity pool may be treated as a disposal, which is a capital gains event.

  • Example: Earning £500 in interest from a DeFi platform is subject to Income Tax.

Payments for goods or services

Receiving cryptocurrency as payment for goods or services is treated as income at its market value when received. There are instances where the “value” of the work will be taxed instead of the value of the crypto received. Professional advice should be taken if you are unsure.

  • Example: If you're paid 0.2 BTC for freelance work worth £6,000, this amount is subject to Income Tax.

Receiving airdrops

If you actively participate to receive an airdrop (e.g., completing tasks), the tokens are treated as income at their market value upon receipt.

  • Example: Earning £100 in tokens from an airdrop after completing tasks is subject to Income Tax.

Mining rewards

Mining rewards are taxed as income. Those undertaking mining activities to an extent to which they are operating a business will be subject to additional tax obligations.

  • Example: Earning 0.5 BTC through mining worth £10,000 at the time of receipt is subject to Income Tax.

Staking rewards

Cryptocurrency earned through staking is considered income at the market value at the time of receipt.

  • Example: If you earn 0.1 ETH through staking worth £200, this amount is subject to Income Tax.

Providing liquidity

Adding liquidity: If adding assets to a liquidity pool results in a change of ownership or creates a new token (e.g., LP tokens), it may be considered a taxable disposal, with CGT applying to any gains. The answer to this can usually be found within the terms and conditions of the protocol.

Removing liquidity: Removing assets from a liquidity pool may also be a disposal, potentially triggering CGT based on the gain or loss relative to the cost basis.

Liquidity pool rewards are generally treated as taxable income upon receipt, subject to Income Tax.

Selling airdropped tokens

Selling tokens received through an airdrop is a taxable disposal.

Tokens received without any action (eg, unsolicited distributions) are not taxed as income upon receipt. Instead, they are subject to Capital Gains Tax (CGT) when sold, with the cost basis typically being zero or the fair market value at the time of receipt if explicitly stated by HMRC.

Tokens earned through performing tasks (eg, completing activities) are taxed as income at the market value in GBP upon receipt. When sold, the gain or loss is subject to CGT, calculated using the market value at receipt as the cost basis.

  • Example: You perform a series of tasks to qualify for an airdrop. You then sell that airdropped token for £500 and it has a cost basis of £200. The £200 cost basis would have been subject to income tax in the tax year in which it was received and the £300 gain is subject to CGT in the tax year in which the token is sold.

Selling NFTs

Disposing of NFTs is treated similarly to crypto disposals, with gains subject to CGT.

  • Example: If you bought an NFT for £1,000 and sold it for £3,000, the £2,000 profit is taxable.

Gifting cryptocurrency (excluding spouse or civil partner)

Gifting crypto to someone triggers CGT based on the market value at the time of the gift. Gifting to registered charities or your spouse or civil partner does not trigger a taxable event. Here, we have often seen individuals gifting tokens to others but keeping them in their own wallet. If this is the case, it is very important to document the gift. Consider speaking to a tax advisor if you are uncertain of your position.

  • Example: Giving 1 ETH to a friend worth £2,000 incurs CGT on any gains above its cost basis.

Using crypto to purchase goods or services

Spending cryptocurrency on goods or services is considered a disposal.

  • Example: Paying 0.5 BTC for a laptop is a taxable event. If the BTC had a cost basis of £5,000 but was worth £10,000 at the time of the transaction, the £5,000 gain is subject to CGT.

Crypto-to-crypto trades (swaps)

Exchanging one cryptocurrency for another (e.g., BTC for ETH) is treated as a disposal for tax purposes.

  • Example: Swapping BTC worth £5,000 for ETH creates a taxable event, with any profit based on the cost basis of your Bitcoin. The value of the BTC when swapping will be the proceeds and will also become the cost of the ETH that has been obtained.

Selling crypto for GBP

Any profit made when you sell crypto for fiat currency (e.g., GBP) is a taxable event.

  • Example: If you bought BTC for £10,000 and sold it for £15,000, you have a taxable gain of £5,000.

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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United Kingdom
blog
02
 
Feb
 
2024
 - 
10
min read

Can the HMRC Track Crypto Transactions?

In the UK, there's a lingering belief among some crypto enthusiasts that their transactions exist in a sort of no-man's land, invisible to the prying eyes of Her Majesty's Revenue and Customs (HMRC). Is this really true?

Key takeaways
This tax guide is regularly updated: Last Update  
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In the UK, there's a lingering belief among some crypto enthusiasts that their transactions exist in a sort of no-man's land, invisible to the prying eyes of Her Majesty's Revenue and Customs (HMRC). It's an attractive notion for those looking to keep their financial activities under wraps, but the reality is starkly different. The digital footprints left by crypto transactions are not as obscured as one might think. Blockchain technology, which underpins most cryptocurrencies, is essentially an open book. It's a public ledger that records every transaction in a way that's transparent and traceable by entities like HMRC.

This level of openness, combined with the diligence of cryptocurrency exchanges that adhere to Know Your Customer (KYC) practices, and the questionable efficacy of mixers like Tornado Cash in providing true anonymity, clearly illustrates that slipping past HMRC with crypto transactions is not as easy 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 could theoretically 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.

Centralised Exchanges are HMRC Allies

Cryptocurrency exchanges that comply with KYC regulations are crucial in HMRC's ability to monitor crypto transactions. These exchanges collect personal information from their users, linking digital transactions to real-world identities. This linkage is vital for HMRC, as it greatly simplifies the task of tracing cryptocurrencies as they are transferred into and out of regulated exchanges.

These exchanges are required to report significant trading activities to HMRC, including detailed information about fund transfers and withdrawals. Even when users move their assets off these platforms, the data regarding withdrawal addresses serves as valuable leads for further investigation.

The Risks of Using Crypto Mixers

Crypto mixers, such as Tornado Cash, have gained attention as tools that purportedly enhance the anonymity of digital transactions by obfuscating the links between the source and destination of funds. However, relying on these services to evade taxes or hide financial activities is a risky and unsophisticated strategy that will likely attract legal trouble rather than prevent it.

The HMRC has developed sophisticated methods to deal with complex tax evasion schemes, including those involving cryptocurrencies. The use of mixers might temporarily obscure the origins of funds, but it does not make them untraceable. The HMRC can often unravel the web of transactions leading to and from mixers with advanced analytical tools and cooperation from KYC-compliant exchanges.

Moreover, the legal scrutiny surrounding mixers has intensified. For instance, platforms like Tornado Cash have faced allegations of facilitating money laundering, leading to increased regulation and law enforcement attention. Engaging with such services raises red flags and potentially implicates users in broader investigations beyond tax evasion.

Conclusion

The notion that crypto transactions are invisible to the HMRC 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 HMRC 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 HMRC 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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