How US Tax Treatment of Cryptocurrencies Helps the STEEM Ecosystem

in #tax8 years ago

Back in the Wild West days of crypto, when it was all about Bitcoin and Litecoin, the idea of stateless currencies and how to treat them for tax purposes was at best, a gray area with little to no guidance. It was unclear if cryptocurrencies would be taxed as currency, a commodity or property and the deafening silence from the United States Treasury Department as Bitcoin swelled to $1,200 per coin left everyone riding that wave with some concern in the back of their mind.

After much internal debate and the rapid rise in popularity of cryptocurrencies, March 25, 2014, the IRS released guidance for the tax treatment of Bitcoin and cryptocurrencies as a whole (Notice IR-2014-36 IRS Virtual Currency Guidance). The decision was cryptocurrencies would be treated as a capital asset for purposes of US Federal income taxation.

Needless to say the decision was one which left many scratching their heads, but it finally brought certainty to the cryptocurrency market.

How is this good for STEEM?

The decision to treat STEEM (and all cryprocurrencies) as property helps the long term success of STEEM in two ways. First, this decision encourages STEEM investors to hold their tokens longer than one year before selling or powering down. Waiting over one year allows STEEM holders to secure favorable long term capital gain tax rates rather than ordinary income rates. Second, property exchange rules would allow individuals who have other cryptocurrencies to exchange them for STEEM without triggering a tax event (such as purchasing STEEM with Bitcoin), effectively deferring the tax event until, ultimately, cashing out into fiat.

Let’s take a closer look.

But first, Required Legalese…

Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties.

Favorable Capital Gains Rates

Let’s imagine that you’re a minnow who’s been interested in STEEM, and you have either, through the sweat of your brow (writing and publishing content) or by investing your dollars, acquired STEEM. Let’s also assume you have a modest income from your day job (assume $60,000 per year salary) and you are not married for tax purposes. If you decided not to hold your STEEM for more than a year before selling, you would have a marginal tax rate of 25% on every dollar you earned from the capital gain on the sale of STEEM. In essence, you are being taxed at your ordinary income rate according to your tax bracket (https://www.irs.com/articles/projected-us-tax-rates-2016). If you had waited to sell for a year and one day, that marginal rate would drop to 15%, saving you 10% just for waiting one year before selling. In fact, depending upon which income tax bracket your earnings place you, the savings potential could be as high as 20%.

That is a great incentive to hold your tokens for over a year, and holding STEEM tokens longer helps legitimize and grow the ecosystem as well.

Property Exchange Rules

Generally speaking, the sale of property generates a taxing event. If property is sold for US Dollars, generally a short term or long term capital gain or loss must be recognized. What happens if you decide to exchange a Bitcoin for some STEEM? Is it a sale for tax purposes? The answer is no. It is not a sale for Federal Income tax purposes. You have just exchanged one capital asset for another capital asset (property for property).

Property exchange rules in US Federal Tax law permit the holder the ability to exchange one property for another (within a set of guidelines and reporting rules) without triggering a tax event. This permits the property holder the ability to defer the capital gain taxe until he or she sells the property for US Dollars. The catch is one has to keep good records of basis to fairly value the property as it is exchanged.

This is a fantastic tax-advantaged incentive to pull investment in from whales and individuals holding other cryptos as the STEEM ecosystem grows and matures.

In the end, for STEEM to truly flourish the ecosystem needs quality content and a solid rewards system which cannot be gamed or abused. I am encouraged with the new reputation system and think the ecosystem is moving in the right direction Personally, I am holding onto my STEEM rewards for the long term. It makes sense from an investment perspective and a tax perspective.

Sort:  

First, your article series on this important topic of taxation of virtual currencies are excellent. I appreciate you sharing this information!
A few questions related to the exchange of one virtual currency for another, and whether it is considered a 1031 like kind exchange:

  1. Say I hold 10 BTC in some exchange E1. I want to invest in an ICO and send 2 BTC to the ICO. At a later date the ICO sends me 5000 of their ABC token in return for my ICO investment. Is this considered a 1031 like kind exchange or triggers a tax event?
  2. I have 10 BTC in exchange E1. I would like to exchange 2 BTC with another virtual currency DEF but E1 doesn't support it. I transfer 2 BTC to exchange E2, and there perform the exchange of the 2 BTC to 20 DEF. Is this considered a 1031 like kind exchange or triggers a tax event?
  3. Could you elaborate on how the tax basis is computed if indeed the exchange is considered a like kind one? Say at date d1 I bought 10 BTC for $10000. At date d2 I exchanged 10 BTC for 40 ETH, and at that date the closing rate of 1 BTC was $10 (total worth is now $100). At date d3, I sold my 40 ETH for $15000 total. How is this handled? Do we (a) simply assume cost basis of $10000 (d1) at the date of sale (d3), and therefore compute $15000 minus $10000 = $5000 as the taxable income; or, do we (b) compute what should have been our tax liability at d2 ($100 minus $10000 = loss of $9900), then at d3 capital gain of $15000 minus $100 = $14900, and then pay the tax on $14900 while deducting over time the maximum loss allowed per year?
  4. Say we have a case that satisfies the requirements for a like kind exchange such as the one you describe in your article (exchange X BTC for Y STEEM). Am I permitted, if I so choose, to actually treat it as a tax event, compute the new cost basis, and pay taxes as needed in that tax year? Perhaps if the case is a bit vague and I prefer to be on the safe side, can I simply choose to treat it as a tax event?

Many thanks for your insights!

@swansong thanks for your interest in my US Tax Considerations series. I appreciate those who read and comment on my posts.

The response to your question will be answered better with a formal blog post, than a comment thread. I will feature this question on a future US Tax Considerations piece in the next two weeks, because it touches on a number of topics (taxing digital currency as a property, barter rules when trading property with other property and capital gain deferral rules of 1031 like kind property exchanges) which I do not thing a reply in a comment thread will do justice to.

Excellent! I'll be looking forward to reading that article.
In the meanwhile, I have a few additional tax-related questions. I'll post those in the most appropriate articles, and hopefully others will find the discussions around those beneficial.

I think a lot of people that are new to cryptocurrencies are probably unaware of the tax implications, thanks for this article! Though I did have to laugh when I read "a modest income of $60,000" :D For me I would feel like a king if I made that much a year! :P

First, thanks for both the upvote and taking the time to comment. I appreciate it.

I suppose the "modest income" phrasing came from the idea that the median household wage (I believe) was about $55,000 per year. I am glad you did get a chuckle from it. After reading your comment, I kind of got one also.

I do agree that many who are new to cryptocurrencies are unaware of their tax obligations. I think even more relevant is people who are writing and receiving both STEEM and Steem Based Dollar (SBD) rewards are earning income for tax purposes and need to value it properly and report it. I did write a blog on that very subject as my first tax blog, but given the tepid (at best) response to the two blogs I have put out on tax, the feedback I am getting is there is very little interest/demand for this subject and/or how I write and present it and I'm good with that. I have decided to table/kill this series because the time put in does not justify the interest level received. My hope was more to educate the content contributors, but the interest just isn't here.

Coin Marketplace

STEEM 0.21
TRX 0.13
JST 0.030
BTC 67441.24
ETH 3492.03
USDT 1.00
SBD 2.81