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7 Sep 2021
Tax Rules for Crypto Currency
Common crypto activities and how they’re taxed
- Buying Crypto
Good news for all you crypto holders ! Buying Bitcoin or other cryptocurrencies is itself not a taxable event. You only pay taxes on the purchased cryptocurrency when you dispose it (trading, selling, or using as means to purchase). However, it’s still important to keep track of this activity as it does set your cost-basis when you do dispose of your crypto.
- Selling crypto for fiat money
Selling crypto for fiat currency is taxable as property, meaning any gains will incur a capital gains tax. You will need to report your capital gains and losses on Form IRS 8949. For example, if you buy $2000 of ETH (this is your cost-basis) and later sell it for $2500, you would incur a capital gain of $500.
- Trading crypto for crypto
Trading one coin for another is again taxable as property and will need to be reported on your IRS 8949 form. For instance , let’s say you bought 2 Litecoin for $500 (this is your cost-basis). Later in the year, you traded all of this Litecoin for ETH. When you made this trade, Litecoin had gone up in value and the new value of 2 Litecoin was $750. You would have incurred a capital gain of $250.
It’s important to note that if you were just transferring coins from one exchange or wallet to another, it does not amount to disposal and is therefore not taxable.
- Using crypto to purchase goods or services
Using crypto as payment for goods and services constitutes a disposal and any gains or losses will need to be reported on Form 8949. Note that this includes any purchases made on cryptocurrency debit cards!
- Mining or staking cryptocurrency
Any crypto earned through mining or staking crypto is taxable as income. Unlike the above examples, any profits here will be subject to ordinary income tax rates and not the capital gains tax rate. The amount taxed will equal the asset’s fair market value at the time the coin is mined(not sold).
Note that if you then sold this crypto, it would trigger a second taxable event and you would be required to report this capital gain or loss on Form 8949.

Taxes inevitably stand among life’s only certainties, and their applicability on cryptocurrency is no exception.
Yes, your Bitcoin is taxable. The IRS considers cryptocurrency holdings to be “property” for tax purposes. It means your virtual currency is taxed in the same way as any other assets you own, like stocks or gold.
For most people who buy and trade crypto via online exchanges, accounting for it in your tax return is relatively easy. But like most things related to digital currency, things can get a lot more complicated when you actively deal in cryptocurrency.
Here’s what you need to know about which activity you might have to report to the IRS, and how you can begin planning ahead for your 2021 taxes
Do you pay taxes on cryptocurrency?
Yes, you must pay taxes on cryptocurrency gains when you dispose of an asset, much like stocks. This could include: selling your crypto for cash, trading one cryptocurrency for another, or using crypto as payment. You could also pay taxes on cryptocurrency earned as income through mining, staking, or getting paid in crypto.
And the IRS is serious about enforcing this regulation. This year, for the first time, the IRS added a new question to Form 1040 that asks taxpayers, “At any time during 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?”
If you don’t report your crypto taxes, the IRS can prove intentional disregard for knowingly failing to report your tax details.
However, not every crypto activity receives the same tax treatment—and this is where things can get confusing for crypto investors. To clarify, let’s dive into how cryptocurrency is taxed, and how these tax laws apply to some of the most common crypto activities.
What are the cryptocurrency tax rates?
If you received cryptocurrency as income, it would be taxed at your ordinary income tax rates. However, If you dispose of your cryptocurrency any profits will be taxed at the capital gains tax rate.The tax applicable varies based on how long you hold the asset and your income levels.
If you held crypto for over a year before selling, your capital gains will be taxed at the long-term capital gains rates in the table below.

Alternatively, if you sold crypto after a holding period of less than one year, these gains will be taxed at the short-term capital gains rates. The tax rates are the equivalent of your ordinary income rate as stated in the below table.

Airdrops and hard forks
Any crypto received from an airdrop, resulting from a hard fork or other reason, is taxed at the ordinary income rate. The amount taxed is the fair market value of the crypto at the time it was received.
Getting paid in crypto
Like mining or staking cryptocurrency, any money earned from getting paid in crypto is taxable as income and must be reported on Form 1040.
Foreign Reporting
FinCEN’s proposed amendment seeks to add virtual currency to the list of financial accounts that need to be reported on an FBAR. Current FBAR regulation, 31 CFR 1010.350(a), states “Each United States person having a financial interest in, or signature or other authority over, a bank, securities, or other financial account in a foreign country shall report such relationship to the Commissioner of Internal Revenue for each year in which such relationship exists…”
Currently, taxpayers with foreign financial interest (bank account, securities account, or brokerage account) exceeding over $10,000 in any given year are required to comply with FBAR by filing Form 114. This form must be filed before April 15th. It should include the following information about the foreign financial accounts:
- Name on the account
- Account number
- Name and address of the foreign bank
- Type of account
- The maximum value during the year
Additionally, taxpayers must answer questions 7a and 7b on Part III of Schedule B of the tax return. This is very similar to the infamous virtual currency question — at any time during 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency? — placed on the front page of Form 1040.

Currently, in the United States, individuals are required to file an FBAR if they hold a financial interest in or signature authority over at least one financial account located outside of the US. This requirement is applicable if the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year.
The reporting obligation may exist even if there’s no associated taxable income. If you fail to file an FBAR, you can be shocked with some pretty hefty penalties. The fines go up to $10,000 per violation for non-willful violations and up to $100,000 or 50% of the balance in the account for willful violations.
What about crypto losses?
You have to report cryptocurrency losses on your IRS 8949 just like cryptocurrency gains. There is a silver lining here, though. If you disposed of your crypto at a capital loss, you can use this loss to offset your capital gains or claim the capital loss deduction.
With the capital loss deduction, you can deduct up to $3,000 in capital losses a year. Also, if you had more than $3,000 in net capital losses, then you can carry forward this amount into future years. This carried forward sum can be used to offset capital gains or claim the capital loss deduction again.
Cryptocurrency gifts and donations
More good news! Donating or gifting cryptocurrency do not fall under the ambit of taxable events. Hence, you will not recognize any gains or losses when gifting or donating.
Additionally, if you held the cryptocurrency for more than one year before donating, then you will be eligible for the itemized charitable deduction for the fair market value of the cryptocurrency at the time of contribution.
If you donate after holding the cryptocurrency for less than one year, you are still eligible for the itemized charitable deduction, but your deduction will be limited to the amount you obtained the crypto at (your cost-basis).
It’s important to note that the deduction is only applied to donations to a qualified charitable organization. Other gifts, such as a graduation present or crypto crowd-funding, are not eligible for the deduction.
Quick crypto tax savings tips:
As you probably picked up from the above, cryptocurrency taxes can be convoluted, particularly for those making numerous trades. However, when you understand the crypto tax laws, you can identify the ways to save taxes as per the applicable laws. Here we have a few tips you can apply anytime throughout the financial year—to save money on your crypto taxes:
- Donate and gift appreciated crypto assets to avoid the capital gains tax (and for donations, claim the charitable tax deduction!)
- Claim the crypto capital loss deduction for up to $3,000 per year (and carry over any losses over $3,000 to future years)
- Wash sale rules don’t apply to crypto Thus, it can be desirable to sell your crypto assets in loss positions and buy back to offset any capital gains.
Cryptocurrencies have transformed the finance and tax domains with their peculiar aspects. A thorough comprehension of the relevant taxation laws leviable on cryptocurrency transactions will surely result in better legal compliances and tax optimization. Stay tuned for more updates!