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Free Tax Guide

The Ultimate Guide to Virtual Currency Taxation

Complete guide to cryptocurrency taxation — reporting requirements, how tax liability is calculated, audits, penalties, and foreign accounts. Free guide.

Frequently Asked Questions

Crypto Tax FAQs

Is cryptocurrency taxable in the US?

Yes. The IRS treats virtual currency as property under Notice 2014-21, not currency. Every disposition — selling for cash, trading for another crypto, paying for goods or services — is a taxable event that produces capital gain or loss. Gains are short-term (held one year or less) or long-term (held more than one year), taxed at the corresponding rates. The IRS added a digital-asset question to the front page of Form 1040 in 2020; filers must check yes or no.

When do I owe tax on crypto?

At every taxable event: sale for fiat (capital gain), crypto-to-crypto trade (gain on the disposed crypto), use to purchase goods or services (gain on the spent crypto), receipt of crypto as wages or self-employment income (ordinary income at fair market value), staking rewards (ordinary income at receipt), mining rewards (ordinary income, possibly self-employment income), hard forks where you receive new tokens (ordinary income under Rev. Rul. 2019-24), and airdrops (ordinary income at fair market value).

How are crypto-to-crypto trades taxed?

Each trade is two separate transactions for tax purposes — a sale of the crypto you gave up and a purchase of the crypto you received. Gain or loss is computed on the disposed crypto: proceeds (fair market value of received crypto) minus basis (your cost in the disposed crypto). Trading BTC for ETH does not qualify for like-kind exchange treatment under IRC §1031 (since the 2017 TCJA, §1031 applies only to real property). Every trade triggers a taxable event.

What is the IRS's stance on crypto staking?

The IRS treats staking rewards as ordinary income at fair market value when received, per Rev. Rul. 2023-14. Staking rewards are taxed twice — first as ordinary income at receipt (creates basis), then capital gain/loss on later disposition (basis vs. proceeds). The Jarrett v. United States case challenged this treatment for proof-of-stake validators, but the case was dismissed without ruling on the merits. The IRS's published guidance is the operative law for now.

Do I need to report crypto on Form 8938 or FBAR?

FBAR: foreign financial accounts that hold cryptocurrency are reportable on FBAR if the aggregate exceeds $10,000 — FinCEN clarified in 2020 that foreign crypto accounts are reportable. Form 8938: foreign crypto held in a foreign financial account is reportable if you exceed the FATCA thresholds. Self-custody crypto on hardware wallets is generally NOT FBAR-reportable, but the rules are evolving — proposed regulations would change this. Self-custodied crypto IS reportable on Form 8938 in some circumstances.

What records should I keep for crypto trades?

For every transaction: date acquired, date disposed, fair market value at acquisition (your basis), fair market value at disposition (proceeds), gain or loss, exchange where the transaction occurred, transaction ID or hash. The IRS audits crypto returns by reconstructing transactions from exchange records — your records need to match what the exchange reports on Form 1099-B (or, starting 2025, Form 1099-DA). Tools like CoinTracker, Koinly, and ZenLedger automate the calculation but require you to verify the underlying data.

What happens if I didn't report crypto in prior years?

Three paths depending on willfulness: (1) Quiet amendment via Form 1040-X — risky if the IRS already has the data, no penalty protection. (2) Streamlined Filing Compliance Procedure if non-willful and the omission involved foreign assets. (3) Voluntary Disclosure Practice if willful — provides protection from criminal referral but requires payment of tax, interest, and civil fraud penalty. The IRS has received massive amounts of Form 1099-K and exchange data; not reporting is increasingly detectable.

How is crypto mining and staking income taxed?

Mining and staking rewards are ordinary income at fair market value when you receive control over them. If conducted as a trade or business, the income is subject to self-employment tax under IRC §1402 (15.3% on the first ~$168,000 plus 2.9% above). Hobby mining (no profit motive, small scale) is reported as other income without self-employment tax. Mining equipment is depreciable under IRC §168 with bonus depreciation potentially available. Electricity costs and other operating expenses are deductible against mining income.

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