ARTICLE
7 January 2020

Crypto Tax Update: Foreign Accounts, Like-Kind Exchanges, Software Uptick

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BakerHostetler
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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
An official from the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) that specializes in cybersecurity policies stated last week at the American Institute of CPAs ...
United States Technology
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An official from the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) that specializes in cybersecurity policies stated last week at the American Institute of CPAs National Tax Conference in Washington, D.C., that a U.S. holder of cryptocurrency on a foreign exchange is not required to disclose the information on a foreign bank account report. At the same conference, however, officials for the IRS Office of Associate Chief Counsel indicated that the IRS has still not decided whether cryptocurrency held in a foreign exchange must be reported on IRS Form 8938, which is a disclosure statement that is separate and apart from a foreign bank account report. The news is not a surprise to taxpayers given that FinCEN responded to a previous request over the summer that virtual currency held in an offshore account was not a reportable account on a foreign bank account report.

At the same conference, a different official from the IRS Office of the Associate Chief Counsel confirmed that certain like-kind exchange rules that allow taxpayers to postpone paying tax on gain where property is exchanged for like-kind property do not apply to cryptocurrencies. The rules with respect to like-kind exchanges were changed in 2018 as part of tax reform. Accordingly, the comment addresses any like-kind exchanges occurring prior to 2018 and taxpayers who took the position that the exchange of a token for another qualified as a tax-free exchange.

In other news, according to a recent report, startups providing crypto tax software have seen a significant increase in users. The report indicates this may be related to the IRS's guidance issued this fall addressing airdrops and hard forks, and the IRS enforcement letters that were sent during the summer to thousands of virtual currency traders warning them about the failure to properly report crypto transactions.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
7 January 2020

Crypto Tax Update: Foreign Accounts, Like-Kind Exchanges, Software Uptick

United States Technology
Contributor
BakerHostetler logo
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
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