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crypto news crypto tax guide May 23, 2024

By Clinton Donnelly

Cryptocurrency taxation is currently experiencing a notable shift, which has drawn the interest of investors and traders. Central to this change will be the implementation of Form 1099-DA, which reflects the IRS's broader efforts to improve transparency and adherence to regulations in the digital asset sphere.

The Genesis of Form 1099-DA

In 2021,new legislation expanded tax code section 6045. This law lead to the creation of Form 1099-DA. This law required broker-dealers to report to the IRS the sale, exchange, transfer or any disposal of cryptocurrency assets. While Form 1099-B has traditionally been used for stock market reporting, the emergence of Form 1099-DA now extends similar reporting requirements for cryptocurrencies.

Broker Reporting: A New Frontier

Form 1099-DA is designed to meet broker reporting requirements for crypto transactions, providing the IRS with detailed information similar to what is seen in stock trading. This information includes the type of asset sold, purchase and sale dates, and typical capital gain metrics. 

One key difference is that 1099-DA introduces additional layers by categorizing broker-dealers into various types, such as hosted and unhosted wallet providers. This categorization has sparked significant discussion within the crypto community, particularly regarding the implications for unhosted wallet providers under proposed regulations.

The Ripple Effect on DeFi and Wallet Providers

The Form 1099-DA now covers U.S.-based DeFi exchanges and may also apply to wallet providers such as MetaMask for their U.S. customers. This indicates a shift towards mandatory Know Your Customer (KYC) processes, with the goal of improving reporting precision and adherence to regulations. 

The obligation for DeFi platforms to report highlights the growing regulatory oversight in the industry, representing a significant development for both operators and users. The IRS has taken a couple of years to plan these changes. I expect many companies will file legal actions to stop the IRS, but the taxpayer should assume that the IRS will be receiving 1099-DAs about their activities. 

A New Era of IRS Enforcement

The introduction of Form 1099-DA includes the requirement to report wallet IDs used in cryptocurrency transactions. This new regulation allows the IRS to create a comprehensive overview of an individual's crypto assets and transaction history. 

By utilizing advanced methods like cluster analysis and portfolio reconstruction, the IRS can determine a taxpayer’s total cryptocurrency holdings. This represents a substantial advancement in enforcement capabilities. 

Conclusion

The days of hiding and praying are over. By voluntarily reporting past crypto income, a taxpayer can avoid 20-75% penalties, which is significant.

Don’t let your past destroy your future. Call me for a private consultation. We’ll discuss your situation and map a plan for coming into compliance and safety.

CryptoTaxAudit is the leading firm defending crypto investors before the IRS. We have defended over 50 investors in IRS audits with tremendous results. We defend clients through IRS Appeals and into US Tax Court. Our experience and results are impressive.

Schedule a private consultation today. Your future self will thank you!

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