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The image displays a montage with various cryptocurrency coins, including Bitcoin and Ethereum, superimposed on the U.S. Capitol building, symbolizing governmental oversight. On the left, the text reads 'Form 8938's Minimum Filing Thresholds for Crypto Investors' and offers to educate on the significant thresholds for filing Form 8938. Below, it promises to help investors understand tax rules and avoid penalties. The background features financial imagery such as charts, documents, and money, suggesting the complex nature of crypto taxation.

crypto tax guide Jan 28, 2024

As the tax season rolls in, cryptocurrency investors are faced with the detailed task of complying with the Foreign Account Tax Compliance Act (FATCA), specifically through Form 8938. This document, a critical part of tax compliance since its introduction during President Obama's administration, demands accurate reporting of assets held in foreign countries, including digital currencies like Bitcoin and Ethereum. Our comprehensive first article, "Mastering Form 8938: A Comprehensive Guide to Cryptocurrency Reporting for Tax Compliance," provides an extensive overview of Form 8938's requirements. However, this article aims to zoom in on a particular aspect that often poses challenges for crypto investors: understanding and meeting the minimum filing thresholds for foreign-held cryptocurrencies.

This article will provide a deep dive into the specifics that define whether your holdings meet the criteria requiring disclosure on Form 8938. Clarity on these thresholds is not just about fulfilling a legal mandate; it's about ensuring your financial decisions align with IRS regulations, thereby avoiding potential penalties. Misinterpretation or underestimation of these thresholds can lead to significant financial consequences and unwanted attention from tax authorities. This article aims to clarify these thresholds, offering insights and practical advice tailored to the unique world of cryptocurrency investments.

F8938 Minimum Filing Threshold

Thresholds In General

Cryptocurrency holders need to be particularly attentive when reporting foreign financial assets on Form 8938. 

The thresholds for filing this form are $50,000 on the last day of the tax year or $75,000 at any time during the year. These values are cumulative, encompassing all foreign financial assets.

For married individuals filing jointly, these thresholds double to $100,000 and $150,000, respectively. 

For those living abroad, the limits rise to $200,000 on the last day of the tax year or $300,000 at any point. 

Married individuals abroad filing jointly have even higher thresholds of $400,000 and $600,000.

Additional Considerations

It's critical to recognize the cumulative nature of these thresholds. For example, transferring $40,000 worth of crypto to one foreign exchange and then to another is cumulatively considered $80,000. This is because 40,000 is considered the maximum on both exchanges. 

Additionally, short-term spikes in account values impact reporting obligations, such as a temporary increase to $150,000 before dropping back to $50,000, which means the $150,000 figure is used for threshold calculations.

Regarding cryptocurrency trades on non-U.S. exchanges, DeFi platforms, and P2P exchanges, these typically count towards the thresholds. Due to their anonymity, you should assume the counterparties are foreign entities requiring reporting. 

Complexities of Reporting Crypto

Form 8938 reporting for cryptocurrencies involves some unique considerations due to the nature of foreign exchanges, which may lack traditional account numbers or street addresses. In such cases, use the exchange's logon ID as the account number and note the address as “unknown” where applicable. 

One critical issue is that exchanges don't offer monthly statements like most traditional financial institutions. This makes it very difficult to know the maximum balance at an exchange. This issue is even bigger for decentralized exchanges.

Many taxpayers prefer not to disclose financial information to the IRS when this can be avoided. However, this is one of the few forms where it is safer to disclose than not to disclose.  If you are unsure whether you hit the minimum filing threshold, we recommend filing as there is no penalty for filing even if you technically did not have to.  On the other hand, failing to report when you should have can result in steep fines, starting at $10,000. An abundance of caution is strongly recommended.

Given the fluctuating nature of cryptocurrency values and the lack of regular statements from many crypto exchanges, estimating the maximum value of assets is often necessary. The IRS tolerates a 10% variance from the actual high balance, but a conservative approach is recommended due to severe penalties for under-reporting and no penalty for over-reporting. When in doubt, err on caution by rounding estimates up by 20% or more.

Strategies for Accurate Reporting

Estimating cryptocurrency values for Form 8938 requires precision, which can be challenging due to the inherent volatility of digital currencies. The IRS allows a 10% variance in estimations, but erring on the side of caution to avoid under-reporting is essential.

Conservative Estimations

Due to significant fluctuations in cryptocurrency values, it is prudent to adopt a conservative approach to estimation. Overestimating rather than underestimating the value of your crypto assets is safer. Consider increasing value estimations by a margin above the IRS's 10% allowance, such as 20% or more, to account for potential missed value spikes.

Utilizing Available Data

Accurate estimations can be honed by thoroughly reviewing all available data, including transaction histories, market value charts, and records of crypto asset holdings at different times in the year. This comprehensive picture aids in determining your cryptocurrency portfolio's value trajectory over the tax year.

Regular Monitoring and Documentation

Consistently monitoring cryptocurrency values throughout the year and maintaining detailed transaction records can significantly aid in accurate reporting. This proactive approach supports estimations at tax time and prepares for any IRS inquiries.


Understanding Form 8938's requirements for reporting cryptocurrency is critical. Keeping track of the various thresholds is about compliance and safeguarding against penalties that can arise from misreporting or under-reporting. For those dealing in cryptocurrencies, staying updated and meticulous in reporting is vital.

Given cryptocurrency tax laws' complexity and evolving nature, expert guidance is often a necessity rather than a luxury. This is where CryptoTaxAudit comes into play, offering specialized assistance tailored to the nuances of cryptocurrency taxation.

We at CryptoTaxAudit are committed to helping you navigate these waters with confidence.  Contact us for support and advice on complying with Form 8938 and other cryptocurrency tax obligations. Let's work together to keep your cryptocurrency journey on the right track.

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