From the Tax Law Offices of David W. Klasing -- IRS Establishes that Staking Rewards Are Taxable Income in the Year Received

News provided by

Tax Law Offices of David W. Klasing, PC

Aug 24, 2023, 06:37 ET

IRVINE, Calif., Aug. 24, 2023 /PRNewswire/ -- Cryptocurrency staking rewards are incentives earned by individuals who participate in the proof-of-stake (POS) consensus mechanism within blockchain networks. Stakers lock up some of their cryptocurrency holdings as collateral to support network operations and secure a startup blockchain. In return for their contribution, stakers receive new tokens as rewards, (often in the startup cryptocurrency or the same type of coins staked) proportional to the amount they have staked. This helps incentivize participation and maintain the integrity of the fledgling network.

What is it about cryptocurrency that's so likely to get me either audited or criminally investigated?

The Internal Revenue Service (IRS) recently released Revenue Ruling 2023-14, which has important implications for individuals who are staking crypto assets. Under this ruling, staking rewards will now be considered gross income. These rewards must be included in income calculations, potentially affecting taxpayers' obligations.

If you need help resolving cryptocurrency reporting tax issues, get support from our Dual-Licensed Tax Lawyers & CPAs by calling the Tax Law Offices of David W. Klasing at (800) 681-1295 or clicking here to schedule a reduced rate initial consultation online.

IRS Releases Revenue Ruling 2023-14

Revenue Ruling 2023-14 has established that cryptocurrency staking rewards are now considered gross income. This new determination can seriously alter taxpayers' tax liabilities. Thankfully, our Dual-Licensed Tax Lawyers & CPAs can help you understand the effects of this ruling and resolve any potential issues with your returns.

Effect of Revenue Ruling 2023-14

In essence, this new ruling establishes that cryptocurrency staking rewards and various other forms of income, such as money, property, and services, are now classified as gross income. Consequently, these earnings must be reported in the year they are received. This rule applies to all taxpayers, regardless of whether they stake digital assets directly or through centralized cryptocurrency exchanges.

Staking, a key component of POS blockchains, involves participants locking up their cryptocurrency holdings as collateral to support network operations. This process helps secure the blockchain; in return, participants receive rewards in the form of newly minted tokens. Under the new IRS guidance, the fair market value of these validation rewards must be included in the taxpayer's gross income for the taxable year when they gain control over the rewards.

The concept of "dominion and control" plays a central role in this ruling. In tax terms, dominion refers to the level of control or ownership a person or entity exercises over specific assets or income. The IRS uses this principle to determine tax liability. This means that individuals must include the value of staking rewards in their annual income calculation, much like other forms of income.

To calculate the taxable income, taxpayers need to determine the fair market value of the cryptocurrency rewards at the time of receipt. This value is then added to their overall annual income for that particular tax year. It's important to note that this ruling aligns cryptocurrency staking rewards with the taxation of Bitcoin mining rewards, reinforcing the assumption that consensus-layer staking rewards are subject to similar tax treatment.

Tax law typically requires the presence of a payer, such as an employer, for income to be taxable. However, some practitioners express disappointment with this ruling, suggesting that the taxation of newly minted tokens received as staking rewards should be deferred until they are sold, drawing parallels to other industries where newly extracted resources are taxed only upon sale.

It's worth noting that this IRS tax bulletin arrives amidst heightened regulatory scrutiny of the cryptocurrency sector by U.S. federal regulators, particularly the Securities and Exchange Commission (SEC). The SEC's focus on crypto-staking service providers and exchanges has raised concerns about potential unregistered securities sales. Notably, in recent months, both Coinbase and Kraken have faced legal actions from the SEC due to alleged violations related to their staking services.

Our Team Can Help

In conclusion, the IRS's new ruling on reporting crypto staking rewards underscores the need for individuals engaged in cryptocurrency activities to stay informed and compliant with evolving tax regulations. Suppose you have questions or require legal assistance regarding these matters. In that case, our Dual-Licensed Tax Lawyers & CPAs are here to guide you through the complexities and implications of these recent developments.

What Are Cryptocurrency Staking Rewards?

The idea of cryptocurrency staking rewards may be foreign to many people. These rewards offer a way for individuals to earn passive income by participating in the validation and consensus process of a proof-of-stake blockchain.

This mechanism encourages network security, sustainability, and active engagement among participants. It also provides an alternative to energy-intensive proof-of-work mining. Fortunately, our Dual-Licensed Tax Lawyers & CPAs thoroughly understand what staking rewards are and the potential benefits they can provide.

Definition and Purpose of Staking Rewards

Staking rewards in cryptocurrency refer to the earnings participants receive for actively participating in the validation and consensus process of a proof-of-stake (PoS) blockchain network. This process involves participants, known as validators or stakers, locking up a certain amount of the native cryptocurrency as collateral to support the network's operations. Staking rewards incentivize validators to contribute to network security and consensus.

Proof-of-Stake Consensus Mechanism

POS is a consensus mechanism certain blockchain networks use as an alternative to the energy-intensive proof-of-work (POW) model. In PoS, validators are selected to create new blocks and verify transactions based on the amount of cryptocurrency they hold and "stake" as collateral. This stake serves as a commitment to act honestly, as malicious behavior could lead to a loss of staked assets.

Role of Validators

Validators play a crucial role in maintaining the security and integrity of the blockchain network. Their responsibilities include validating transactions, proposing new blocks, and ensuring consensus. Validators are chosen based on factors such as the amount of cryptocurrency they have staked and, in some cases, their reputation within the network.

Earning Staking Rewards

Validators earn staking rewards as compensation for their active participation in the PoS consensus process. These rewards typically come in the form of additional native cryptocurrency tokens of the blockchain. The rewards earned are often proportional to the validator's stake and the duration of their participation. Validators have a financial incentive to act honestly and secure the network to maximize their earnings.

Passive Income Generation

Staking rewards provide a means for cryptocurrency holders to generate passive income. Individuals can earn rewards without needing energy-intensive mining equipment by staking their tokens and participating in network validation. Staking offers an alternative way to benefit from the cryptocurrency ecosystem beyond traditional trading.

Network Sustainability and Participation

Staking rewards contribute to the sustainability of the blockchain network. They encourage continued participation from validators, helping to secure the network against attacks and ensuring a consistent consensus mechanism. Staking also fosters a sense of community and alignment of interests among network participants.

Variability of Staking Rewards

The specifics of staking rewards can vary significantly between different blockchain projects. Factors that influence the amount of rewards include the total supply of tokens, the annual inflation rate, the duration of staking, and the network's overall activity level. Validators should research and understand the specific staking parameters of the blockchain they are participating in.

How to Report Digital Asset Income to the IRS

American taxpayers can utilize IRS Form 8949, designed for computing the profit or loss incurred from their transactions involving digital assets. Subsequently, these assets must be documented on either Schedule D (Form 1040) or Form 709. Form 1040 pertains specifically to capital gains or losses, while Form 709 is applicable when addressing digital assets obtained through gifting or awards.

Moreover, if an employee receives compensation in the form of digital assets, it becomes imperative to disclose the value of these acquired assets as part of their wages. Our team of experienced tax attorneys is adept at assisting clients in navigating potential challenges related to the accurate reporting of digital assets.

Examples of How U.S Citizens Utilize Digital Assets

Digital assets have become increasingly popular amongst U.S. taxpayers. They offer several benefits and can be utilized in many different ways. For example, the following are all various ways that people capitalize on the potential of digital assets:

Investment and Speculation

Digital assets, particularly cryptocurrencies like Bitcoin, Ethereum, and others, have garnered immense attention as investment vehicles. U.S. citizens engage in trading these assets on various cryptocurrency exchanges, seeking to capitalize on price fluctuations and generate substantial returns. The decentralized and global nature of these assets allows individuals to diversify their investment portfolios beyond traditional markets.

Decentralized Finance (DeFi) Ecosystem

The rise of decentralized finance has revolutionized the traditional financial landscape by offering U.S. citizens innovative ways to manage and grow their wealth. Through platforms built on blockchain technology, individuals can lend, borrow, trade, and earn interest on their digital assets without the intermediation of traditional financial institutions. DeFi also encompasses yield farming, liquidity provision, and synthetic asset creation, providing avenues for both passive and active income generation.

Payments and Remittances

Digital assets have evolved into efficient mediums for facilitating cross-border payments and remittances. U.S. citizens can leverage cryptocurrencies to send funds internationally quickly and at reduced transaction costs compared to traditional banking methods. The decentralized nature of digital assets enables seamless and secure peer-to-peer transactions without the need for intermediaries or currency conversion.

Tokenized Assets and Real Estate

Tokenization of real-world assets, such as real estate properties, has gained traction in the U.S. This involves representing ownership of physical assets through digital tokens on a blockchain. U.S. citizens can invest in fractional ownership of high-value assets that were previously inaccessible. Tokenized real estate offers liquidity, transparency, and potential for diversification within an individual's investment strategy.

NFTs and Digital Collectibles

Non-fungible tokens (NFTs) have overtaken the art and entertainment worlds. U.S. citizens utilize NFTs to buy, sell, and trade digital collectibles, art pieces, music, virtual real estate, and even in-game items. NFTs are uniquely distinguishable and provably scarce, making them valuable as digital assets representing ownership and provenance.

Decentralized Applications (DApps)

Blockchain platforms support decentralized applications that serve a variety of purposes beyond finance. U.S. citizens engage with DApps for decentralized social networks, content sharing, prediction markets, gaming, and more. These applications often use utility tokens that grant access or governance rights within the DApp ecosystem.

Staking and Yield Generation

Staking, a core feature of many PoS blockchain networks, allows U.S. citizens to lock up their digital assets as collateral to support network operations. In return, stakers earn rewards, contributing to network security while generating passive income. Staking rewards vary based on factors like network participation and token quantity staked.

Privacy and Anonymity

Certain digital assets, like privacy coins, prioritize anonymity and data protection. U.S. citizens concerned about financial privacy can use these assets to conduct transactions without revealing personal information. These privacy-focused cryptocurrencies use advanced cryptographic techniques to ensure confidentiality.

Charitable Donations and Social Impact

Digital assets have facilitated charitable giving and social impact initiatives. U.S. citizens can donate cryptocurrencies to various nonprofit organizations, leveraging blockchain's transparency to track funds and ensure they are used for intended purposes. This innovative approach to philanthropy has the potential to enhance transparency and accountability within the charitable sector.

Can You Go to Prison for Failing to Report Digital Assets to the IRS?

Yes, failing to report digital assets to the IRS can potentially lead to legal consequences, including criminal charges that may result in imprisonment. The IRS considers digital assets, including cryptocurrencies, as taxable property. U.S. citizens must report their transactions and income from these assets on their tax returns. Failure to do so could be deemed tax evasion, a serious offense.

Imprisonment for tax evasion is relatively rare, with most cases resulting in civil penalties, fines, or other forms of non-custodial punishment. Cases that are more likely to result in imprisonment typically involve intentional and deliberate attempts to evade taxes by willfully not reporting substantial amounts of income or transactions related to digital assets. Additionally, repeated instances of non-compliance, such as failure to report over multiple tax years or using sophisticated methods to hide assets, can increase the likelihood of facing criminal charges and imprisonment.

Call Our Dual-Licensed Tax Lawyers & CPAs Today for Help with Your Case

If you have failed to file a tax return for one or more years or have taken a position on a tax return that could not be supported upon an IRS or state tax authority audit, eggshell audit, reverse eggshell audit, or criminal tax investigation, it is in your best interest to contact an experienced tax defense attorney to determine your best route back into federal or state tax compliance without facing criminal prosecution.

Note: As long as a taxpayer that has willfully committed tax crimes (potentially including a pattern of non-reported cryptocurrency income) coupled with affirmative evasion of U.S. income tax on offshore cryptocurrency income) self-reports the tax fraud (including a pattern of non-filed returns) through a domestic or offshore voluntary disclosure before the IRS has started an audit or criminal tax investigation / prosecution, the taxpayer can ordinarily be successfully brought back into tax compliance and receive a nearly guaranteed pass on criminal tax prosecution and simultaneously often receive a break on the civil penalties that would otherwise apply.

It is imperative that you hire an experienced and reputable criminal tax defense attorney to take you through the voluntary disclosure process. Only an Attorney has the Attorney Client Privilege and Work Product Privileges that will prevent the very professional that you hire from being potentially being forced to become a witness against you, especially where they prepared the returns that need to be amended, in a subsequent criminal tax audit, investigation or prosecution.

Moreover, only an Attorney can enter you into a voluntary disclosure without engaging in the unauthorized practice of law (a crime in itself). Only an Attorney trained in Criminal Tax Defense fully understands the risks and rewards involved in voluntary disclosures and how to protect you if you do not qualify for a voluntary disclosure.

As uniquely qualified and extensively experienced Criminal Tax Defense Tax Attorneys, Kovel CPAs and EAs, our firm provides a one stop shop to efficiently achieve the optimal and predictable results that simultaneously protect your liberty and your net worth. See our Testimonials to see what our clients have to say about us!

Get assistance from our Dual-Licensed Tax Lawyers & CPAs at the Tax Law Offices of David W. Klasing by dialing (800) 681-1295 or click here to schedule a reduced rate initial consultation.

MEDIA CONTACT:
David W. Klasing, P.C.
1-714-514-2642
[email protected]

SOURCE Tax Law Offices of David W. Klasing, PC