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Foreign Cryptocurrency Accounts

Quick Answer

DeFi transactions have four complex tax issues: (1) swaps — each token swap is a taxable disposition; (2) liquidity pools — contribution, LP tokens, and withdrawal each potentially trigger gain / loss; (3) yield / rewards — ordinary income on receipt; and (4) lending / borrowing — often non-taxable as debt but with events that can create realization. The short version is that DeFi is the most complicated area of crypto tax. In our experience, self-reporting is the only option because no 1099s are issued, and basis reconstruction across thousands of interactions is where most taxpayers struggle.1

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Four DeFi tax analytical categories.

The Four DeFi Tax Categories

SwapToken Exchange
LPLiquidity Pool
YieldRewards / Farming
LendingDebt / Realization
DeFi tax categories.
Category Treatment2
Swap Taxable disposition
Liquidity Pool Analyzed per transaction
Yield / Rewards Ordinary income at FMV
Lending / Borrowing Debt generally non-taxable

Quick Reference

Jump to: swap, liquidity, yield, or lending.

1. Token Swaps

Each swap is a taxable disposition of the asset sold.

If this is you: Swapping on Uniswap, SushiSwap, PancakeSwap. Each swap = sale of Token A for FMV + acquisition of Token B at FMV. Gain / loss on each side of trade. No like-kind exchange.

Swap Tracking Strategy

  1. Export full transaction history.
  2. Identify gas fees (capitalize into basis).
  3. Calculate FMV at each swap date.
  4. Compute gain / loss per swap.
  5. Aggregate for Form 8949.

2. Liquidity Pools

Contribution, LP tokens, and withdrawal each potentially taxable.

If this is you: LP tokens on Uniswap V2/V3. Deposit potentially a swap; LP token receipt a separate event; withdrawal another realization event. Impermanent loss matters. IRS guidance limited — conservative treatment typical.

3. Yield and Farming

Rewards are ordinary income at FMV on receipt.

If this is you: Yield farming, liquidity mining, auto-compounding vaults. Rewards = ordinary income at FMV when dominion / control. Basis = FMV. Subsequent sale = capital gain / loss.

4. Lending and Borrowing

Debt generally non-taxable; certain events can create realization.

If this is you: Compound, Aave lender / borrower. Deposit may or may not be disposition (depends on platform mechanics). Liquidation events can be taxable. Interest income ordinary income.

DeFi activity question? Book consultation.

DeFi Tax Authority Lookup

DeFi docs.
Authority Purpose
Notice 2014-21 Property classification
Rev. Rul. 2023-14 Staking rewards timing
IRC §1001 Realization
IRC §1031 Like-kind (not applicable to crypto)
Form 8949 Capital gain / loss
Schedule 1 / C Ordinary income

Found your letter or notice code? The next step is confirming your exact deadline and whether you need representation. A 15-minute call answers both. Book a free call →

DeFi Tax Statute

  • 3-year assessment under IRC §6501.
  • 6-year for 25%+ omission.
  • Unlimited for fraud.

DeFi Tax Patterns

DeFi outcomes. Source: Brotman Law practice.
Situation Outcome
Documented swap activity Defensible reporting
LP without tracking Reconstruction challenge
Yield farming unreported Hidden Treasure risk
Large-scale trading Business vs. investment analysis

DeFi Audit Escalation

Examination

IDR for on-chain transaction history.

Reconstruction

Wallet exports, block explorer data.

Character

Swap, income, debt analysis per transaction.

First 48 Hours

  1. Export all wallet transaction histories.
  2. Identify DeFi protocol interactions.
  3. Classify each transaction type.
  4. Use tracking software with manual verification.
  5. Engage crypto-experienced preparer.
Brotman Law handles DeFi tax reporting and audits. Based in San Diego.

The ROI Question

DeFi reconstruction errors can cost tens of thousands. Proper methodology saves real money and reduces audit risk.

When to Engage

  • Significant DeFi activity.
  • LP or yield farming complexity.
  • Unreported prior-year activity.
  • Audit or CP2000 received.

DeFi tax question?

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Frequently Asked Questions

How is DeFi taxed?

Four categories — swaps (taxable disposition), liquidity pools (multiple events), yield / rewards (ordinary income on receipt), lending / borrowing (generally debt but with exceptions). Each DeFi protocol requires analysis.

Is every swap taxable?

Yes. Each swap is a disposition of the asset sold for FMV of asset received. Gain / loss measured accordingly. No like-kind exchange treatment under current law.

What are LP tokens?

Liquidity provider tokens representing pool share. Deposit into pool may or may not be disposition (depends on mechanics). IRS guidance limited. Conservative treatment: treat as disposition and acquisition.

Is yield farming ordinary income?

Yes. Rewards received through yield farming are ordinary income at FMV on dominion / control date. Basis = FMV. Subsequent sale = capital gain / loss.

How are flash loans taxed?

Debt transactions generally non-taxable. Interest income taxable. Specific facts matter. Arbitrage / leverage activities require careful analysis.

Are stablecoin swaps taxable?

Yes. Stablecoin-to-stablecoin swap is a disposition even though value barely changes. Small gain / loss common. Cumulative effect matters.

What about impermanent loss?

Realized only on withdrawal from pool. Difference between contributed value and withdrawn value is loss (if any). Character and timing require careful analysis.

Is crypto lending taxable?

Deposit generally non-taxable if true debt. Interest received ordinary income. Liquidation events can trigger realization. Platform mechanics matter.

Are wrapped tokens dispositions?

IRS position unclear. Wrapping (e.g., ETH to WETH) debated. Conservative treatment: treat as disposition. Aggressive: non-event. Document chosen position.

Do DEXs issue 1099s?

Generally no currently. Self-reporting obligation unchanged. Regulatory framework evolving.

How do I track DeFi?

CoinTracker, Koinly, TokenTax, Rotki. Output is only as good as input. Manual verification essential. Custom scripts sometimes needed for obscure protocols.

What if I can’t reconstruct?

Best-efforts reconstruction using wallet exports and block explorer. Document methodology. Reasonable estimates defensible with documentation.

Can I deduct gas fees?

Business gas fees: Schedule C expense. Investment gas fees: capitalize into basis of acquired asset or add to cost of disposition. Hobby gas fees: limited post-TCJA.

If you have read this far, you have a notice and you are trying to understand it before doing anything that makes it worse. That instinct is correct.

The next right move is a 15-minute call. We will identify the audit type, confirm your deadline, and tell you honestly whether you need representation. There is no cost and no obligation.

Get a Candid Assessment — Free

Or call us directly at (619) 378-3138

Next Steps

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