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2023-09-19

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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blog
19
 
Sep
 
2023
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10
min read

Does moving to ETH 2.0 have tax implications?

Wondering whether the Ethereum Merge will impact your tax obligations? We give you all the possibilities in our blog.

Key takeaways
This tax guide is regularly updated: Last Update  
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video: au-video-https://www.youtube.com/watch?v=R1UtLawLH_c

ETH 2.0 is a hot topic at the moment, with crypto users around the world eagerly awaiting its introduction. Over at Summ (formerly Crypto Tax Calculator), we’re equally as excited, but we also wanted to take the opportunity to look at how this new development could potentially impact your tax obligations. Let’s dive in!

What is ETH 2.0?

ETH 2.0 (or Ethereum 2.0) was the name given to a major upgrade to the current Ethereum mainnet. The purpose of the upgrade was to enhance the speed, efficiency, and scalability of the Ethereum network so that usage and adoption can be accelerated. Right now, the Ethereum mainnet functions on a ‘Proof-of-work’ (POW) mechanism, whereas this upgrade would transition it to functioning on a ‘Proof-of-stake’ (POS) mechanism. This switch would allow more transactions to be processed simultaneously, reducing the load on the network and the input of cryptographic computer programs. However, in January 2022, the Ethereum Foundation stated that they were no longer referring to this particular upgrade as ETH 2.0, and would instead label this move to a consensus mechanism “the Merge”.

What is the Merge?

To quote the Ethereum Foundation directly, the Merge “represents the joining of the existing execution layer of Ethereum (the Mainnet we use today) with its new proof-of-stake consensus layer, the Beacon Chain. It eliminates the need for energy-intensive mining and instead secures the network using staked ETH. A truly exciting step in realizing the Ethereum vision – more scalability, security, and sustainability.” Once the consensus layer is implemented and the Merge has been completed, the formation of new blocks and validation of transactions will no longer rely on mining. Instead, that duty will lie with validators that stake ETH to power processing on the network.

How is the Merge different from the current Ethereum setup?

Currently, the Ethereum mainnet is set up to validate transactions in the same way as the Bitcoin network: using a POW consensus mechanism. In this current state, miners use a computer to solve cryptographic puzzles in order to create new blocks and validate transactions. This approach is functional, however it processes transactions slowly and is energy intensive to the amount of processing power put into solving the cryptographic puzzles.

When the transition to POS consensus mechanism is made, users on the Ethereum network will be able to stake and/or become a validator to contribute to processing new blocks and transactions.

When is the Ethereum merge happening?

The question that is on everyone’s lips! When will the Merge happen? The answer is: no one knows for sure. set as TTD 58750000000000000000000, but the exact time cannot be predicted. Reports are circulating that it will occur in mid-September 2022, following the trial on Goerli testnet being successful. It’s a waiting game from here.

The tax implications of the Ethereum merge

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Based on the technical details outlined by the Ethereum Foundation earlier in this article (”joining of the existing execution layer of Ethereum (the Mainnet we use today) with its new proof-of-stake consensus layer”), the Merge appears comparable to a soft fork. A soft fork is defined as a change to a blockchain’s protocol which is backwards-compatible, and hence doesn’t result in a diversion of the ledger, therefore not forming a new cryptocurrency (the opposite of which is a hard fork). After the Merge, you will still hold the same assets that you held prior to it being actioned.

Example: Bob holds 10 ETH on the Ethereum mainnet prior to the Merge. After the Merge, he still holds 10 ETH on the Ethereum mainnet. The only difference is that the Ethereum mainnet he holds his assets has been upgraded to use a new consensus mechanism.

The tax treatment of soft forks in Australia

The ATO has not given any specific guidance on the treatment of soft forks at the time of writing. However, they have outlined the tax implications of a chain split, another term for a hard fork. The ATO states that any assets received as a result of a chain split will have a cost basis of zero. As the Merge will not result in any new assets being distributed, you will be in the same financial position as you were before it was actioned. Using this definition, you could assume that a soft fork has no taxable implications in Australia.

The tax treatment of soft forks in the United States

The IRS has given specific guidance on the treatment of soft forks, stating that “because soft forks do not result in you receiving new cryptocurrency, you will be in the same position you were in prior to the soft fork, meaning that the soft fork will not result in any income to you.” This means you do not have any new assets to declare as part of your tax return after the Merge occurs.

The tax treatment of soft forks in the United Kingdom

The HMRC has stated that “a soft fork updates the protocol and is intended to be adopted by all. No new tokens, or distributed ledger, are expected to be created.” If there are no new assets or ledger created, it can be assumed that there can be no additional taxes applied.

As always when there is a lack of specific guidance for a particular crypto event such as the Ethereum Merge, we recommend talking to a local tax professional to determine how best to approach the situation.

How Summ can help

In an event like the Ethereum Merge, there are no user-level transactions needed to ‘opt-in’ to the updated protocol, it just happens. The way Summ can help is by giving you the means to track your crypto transaction activity, regardless of what chain, exchange or wallet you’re interacting with. Try it out for yourself.

Disclaimer: The content of this guide is for general informational purposes only. It is not legal or tax advice. Viewing this guide, purchasing or using Summ does not create an attorney-client relationship or a tax advisor-client relationship.

The information in this guide represents the opinions of experienced crypto tax professionals; however, some of the topics in this guide are still subject to debate amongst professionals, and tax authorities could ultimately release guidance that conflicts with the information in this guide. The information contained in this guide is based on the authors’ interpretation of current guidelines. Changes to the guidelines may be retroactive and could significantly alter the views expressed herein. Therefore, use this information at your own risk and for information purposes only.

Consult a professional regarding your individual tax or legal situation.!

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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