Andrew Leahey
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Posts tagged cryptocurrency
Crypto Mining Income Tax

TLDR: Bitcoin (or other cryptocurrency) mining is subject to income tax, typically as ordinary income. Your basis in the coin is the price of the coin at the time it was mined. There are no like-kind exchanges for coins, so selling one coin to buy another is a taxable transaction. Any gains over your basis are capital gains, and may be long term or short term depending on the period of time you held the coin for.

Mining

The Wall Street Journal recently reported the IRS is forcing cryptocurrency exchanges to give up names of customers in order to pursue unpaid taxes on mined and arbitraged coins. This reporting is, for many, likely the first they have heard of a tax on cryptocurrency. While there is no cryptocurrency-specific tax, you should consider mining the equivalent of a part-time independent contractor job for tax purposes – your employer is not taking taxes out of your paycheck, and it is your duty to report your earnings. Similarly, the buying and selling of coins is not dissimilar from the buying and selling of stocks. Taxes on ordinary income and capital gains, respectively, will apply. 

In 2014 the IRS issued IRS Notice 2014-21, which clarified that a taxpayer that mines crypto currency must take the value of the virtual currency as of the date of mining as gross income. A mined coin is a taxable event and thus carries with it income tax implications. Mining must be voluntarily reported as, in general, successfully mined coins are not reported to a taxing authority in the same way income via employment is.

Selling cryptocurrency, even to purchase another coin, gives rise to another taxable event. The difference between your basis in the original currency and what you sell it for will determine whether you have a capital gain or a capital loss. Capital gains can be either short term or long term, depending on the period of time the asset (here, the coin) had been held. Capital gains will be taxed at the capital gains rate, which differs from ordinary income, and capital losses can be used to offset capital gains with some limits and restrictions. 

Deductions can be taken, generally, for costs inherent in mining – things like electricity, equipment, and repairs. 

Care must be taken to keep accurate records and report income earned in mining on-time and precisely. This article is not tax advice and is not legal advice. If you reached this page just searching for information and you don’t have a tax issue, I hope it has been helpful. If you believe yourself to owe taxes, don’t rely on information you find on the internet. Consult a tax attorney. If you have any questions feel free to get in contact

India Tax Overhaul and Cryptocurrency

It seems as part of the tax overhaul, the Modi government is looking in to taxing bitcoin and other cryptocurrency. Some time ago the Indian government announced the creation of an interdisciplinary committee to prepare a report and recommend policies for cryptocurrency. 

The impact of the GST on cryptocurrency remains to be seen. The main question will be whether it is deemed a currency -- which would mean indirect taxes don't apply -- or essentially assets being used for bartering. 

The attraction of the latter option appears to be the relative simplicity. Rather than integrating and regulating bitcoin, it would merely be taxed under the new goods and services tax schema. Cryptocurrencies would be traded like gold, on registered exchanges monitored for illegal activity. The line that is being walked appears to be between blanket legalization with the preservation of the anonymity of distributed ledger cryptocurrencies and blanket illegalization, an unpopular option. 

The list of countries in which cryptocurrencies are illegal is not a long one: Bangladesh, Kyrgyzstan, Ecuador, Bolivia, and a few others. If India opted to illegalize cryptocurrencies, it would be the largest market to do so.