A few hours ago, the IRS released the highly-anticipated & controversial DeFi regulations.
If you are in DeFi, big changes are coming, and here’s what you need to know 🧵
Note: These regulations mainly apply to DeFi trading platforms. So, not much for you to worry about as an individual taxpayer.
That said, there are some consequences for you as customers of certain DeFi platforms, going forward.
1/ Quick background
Under Sec. 6045 of the tax code, brokers are required to obtain customers' KYC info, compute gains/losses, and report that info to the IRS.
This is the reason why you get a Form 1099-B from stock brokers like Robinhood, Charles Schwab, etc. at the end of the year.
Last year, the IRS extended the above rule to custodial crypto brokers (AKA CeFi exchanges).
Today, the IRS clarified how broker rules apply to DeFi.
2/ The IRS has identified 3 layers in the DeFi stack.
Interface layer: The layer that enables digital asset users to communicate with DeFi participants operating on other layers for the ultimate execution and settlement of the transaction.
This includes screens, buttons, forms, and other visual elements incorporated into websites, mobile device apps, and browser extensions.
Application layer: The layer that executes the user’s trade order as part of the validation process.
Settlement layer: Responsible for recording financial transactions on the distributed ledger, including transactions conducted by users that trade digital assets using DeFi protocols.
3/ ONLY the Interface layers (AKA front-end trading services) will be treated as "brokers" going forward.
The IRS's general rationale is that trading front-end services have the closest relationship with customers.
4/ Without naming any specific products, front-end trading services could include:
Websites/unhosted wallets/extensions that enable you to swap coins through their interface.
(I think we all use some of these great products)
If you are a front-end trading service, you will have to KYC your customers, track transactions, and report proceeds to the IRS and customers on Form 1099-DAs for transactions occurring after 1/1/27.
5/ If you are a customer of a front-end trading service, expect the following in the future:
- Share your KYC info similar to CeFi exchanges during onboarding.
- Receive tax forms with only proceeds (you will still have to use a crypto tax software tool to keep track of your basis)
Heads up, crypto investors! The IRS is making BIG changes starting Jan 1, 2025, and if you don’t prep now, you could pay more in taxes or face penalties.
Here’s what you need to do before the year-end to avoid penalties, save money, and stay ahead of the game. 🧵
1/ Learn Crypto tax 101.
What’s taxable?
✅ Selling crypto for fiat
✅ Trading one coin for another
✅ Spending crypto on goods/services
✅ Earning crypto (staking, mining, rewards, etc.)
✅ Airdrops & hard forks
If you had any of these transactions, you will likely have to file Form 8949/Schedule D and/or Schedule 1 when you file your taxes.
What’s NOT taxable?
🚫 Transfers between your wallets & exchange accounts
🚫 Sending/receiving crypto gifts
🚫 Crypto cash-back rewards
You still need to track these even though you don't have to report these to the IRS.
I don't think crypto will be pseudo-anonymous or privacy-preserving anymore, at least in the US.
Yesterday, the IRS issued the long-awaited draft Form 1099-DA, the first tax form specifically designed to collect your ID and detailed transaction data at scale from "brokers".
Brokers (CeFi exchanges, certain DeFi exchanges, and wallets) will be required to generate this form for each sale transaction and submit that info to the IRS and you (similar to stock brokers) starting 1/1/2025.
The Form captures unsurprising data points such as date acquired, date sold, proceeds, and cost basis of crypto assets sold.
This information is needed and helpful for the taxpayer to complete their crypto tax filings.
However, the collection and reporting of the following additional data points (especially wallet addresses) to the IRS at scale could lead to major privacy and security concerns.
Sales-related data points
Box 11a: Sale transaction ID (TxID)
Box 11b: Digital asset address from which the units were sold
Box 11c: Number of units sold
Transfer-related data points
Box 12a: Transfer-in TxID number
Box 12b: Transfer-in digital asset address
Box 12c: Number of units transferred in
Furthermore, in the new draft Form 1099-DA, the IRS has included “unhosted wallet provider” as a check box.
This further signals the IRS’s intention to include unhosted wallets under the broker definition despite the industry feedback.
What does this mean to you?
Going forward, you will likely have to provide KYC information before creating an unhosted wallet and/or when interacting with platforms via unhosted wallets.
This could drastically change how users interact with crypto platforms. The will change "DeFi" as we know it today.
Hot topic: How are bankruptcy payouts taxed and reported on taxes? 👇
1/ Background
Celsius, Voyager, BlockFi, and FTX have filed for Chapter 11 bankruptcy (Reorganization).
A reorganization allows a company to stay in business and restructure its obligations to creditors.
Account holders (creditors) of these companies are now receiving a portion of the original crypto assets they had in these platforms and/or totally new assets (coins you never had and shares of companies) as a payout.
2/ Taxation
The tax code does not directly talk about the taxation of bankruptcy payouts. Therefore, we have to figure out taxation based on case law. In simple terms, case law means rules that come from past decisions made by the courts.
💡At a high level, taxation of these bankruptcy payouts depends on whether you have a gain or loss scenario computed based on the difference between the amount realized (value of the payout at the time of receipt) and the initial cost basis of your assets.
Loss scenario (common)
Amount realized < initial cost basis of your assets.
Gain scenario (rare)
Amount realized > initial cost basis of your assets.
Let's work on some examples.
3/ In-kind payouts: Payouts received in the same asset you had in the platform.
3.1/ Loss scenario (common)
- You had 1 BTC in the platform; cost basis = $15.
- 0.7 BTC received as a payout valued at $12 at the time you receive it.
Since the amount realized ($12) is less than your initial cost basis ($15), this is a loss scenario.
Therefore, the cost basis of 0.7 BTC received becomes $15 (carryover basis from 1 BTC). 0.7 BTC also gets the date acquired of the original 1 BTC (carryover holding period).
After you receive the payout, there are no tax forms for you to file. You just have to transfer the original cost basis and date acquired to the 0.7 BTC received.
I just attended a crypto tax webinar hosted by the IRS.
Among many things they covered, I thought the following was one of the most overlooked points by taxpayers & tax practitioners - see situation 2 in the thread.
Getting this right is important for you to have an accurate return and stay out of future IRS trouble.
As you know, every taxpayer must answer the crypto question on Form 1040.
The crypto question is very broad and captures a lot.
Therefore, If you deal with crypto, it's very hard for you to say "No" to this question.
That said, there are 3 clear situations where you can safely check "No" for the question despite dealing with crypto.
Situation 1: You just hodled crypto during 2023; no other activity.
**Situation 2: You transferred crypto from one wallet/exchange account you own to another wallet/exchange account you own (Transfers).
Situation 3: You purchased crypto using USD.
Situation 2 is very important and comes with some nuances you should pay attention to.
Transfers are clearly not taxable. You can also check "No" for the question as discussed above.
🚨 However, sometimes you have to spend crypto (like ETH) to transfer funds from one exchange/account you own to another.
Spending crypto like ether to initiate gas is a taxable transaction. This means you have to check "Yes" for the question and file Form 8949 with gain/loss coming from the ETH spent on gas.
(The IRS does seem to care about these tiny gains/losses apparently)