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Crypto Tax Lawyer: How To Find One You Can Trust

What is a crypto tax lawyer, and what can they do for you? Let's find out below.

Wayne Jones, Andrei Rotariu

• 6 minutes read
Crypto Tax Lawyer

If you are wondering what is the ideal trait of a good crypto tax lawyer, we have got you covered. Despite the conflict that the regulation or legalization of cryptocurrencies pose, it is well in your best interest to find yourself exquisite representation in case you find yourself in a crypto tax bubble. We shall discuss the must-haves of a good cryptocurrency taxation lawyer, optimally describing advocates that won’t leave you at the mercy of a crypto-critical judge in case you fall into tax trouble.

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The information below is just that: information. When discussing important matters such as the law and taxes, you'd be silly to only follow the advice of a crypto blog (no matter how good we are). 

Do You Need a Lawyer in your Cryptocurrency Investment Tenure?

The novelty and lack of regulation in the crypto industry, coupled with the promise of high returns, give leeway to fraud and scams. Such scams include fake crypto platforms, e.g., My Big Coin, which took $ 6,000,000 from clients, fake digital wallets, mining scams, ICO scams, and Crypto Ponzi Schemes.

The Internal Revenue Service (“IRS”) regards crypto as property, making crypto gains taxable. Taxpayers rarely or poorly report their crypto gains. Thus, crypto is a significant unreported income, whether intentionally or unintentionally. The IRS consequently increased investigations on tax evasion and falsified returns, increasing IRS fines and penalties against individuals and institutions. Additionally, when the markets get harmed, face risk, or are suspected of criminal activity, The IRS partners with other federal agencies such as the DOJ or FBI.

Cryptocurrencies and blockchain technology remain unexplored areas of the law. Crypto players may face various charges, tax evasion, securities fraud, misrepresentation, or require comprehensive tax advice. It is therefore imperative to retain a crypto tax lawyer.

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Cryptocurrencies are similarly classified as taxable assets in countries like Australia and the UK. While Germany, Portugal, Malaysia, and Singapore take a far more lenient approach.

Who Is A Cryptocurrency Lawyer?

Blockchain technology rapidly evolves the landscape for financial products and services. It is reshaping the current and future operations of many industries, including financial services, intellectual property, logistics, supply chain, the internet of things, energy, health care, insurance, and the sharing economy. This increased use of crypto raises complex legal issues. Such issues include, but are not limited to:

  • Regulatory fronts such as registration,
  • Compliance
  • Taxation
  • Transactions involving Securities
  • Anti-money Laundering
  • Acquisition of funds
  • Launching ETFs and derivatives trading
  • Corporate Law
  • Estate planning

A cryptocurrency lawyer offers sophisticated and knowledgeable legal counsel to clients within this rapidly evolving industry. Such a lawyer deeply understands cryptocurrency, blockchain practice, technologies, and related developments. Additionally, a crypto lawyer bridges financial service regulation and new financial technology to find solutions to existing and emerging legal issues.

What A Cryptocurrency Tax Lawyer Can Do For You

For federal income tax purposes, crypto is considered property requiring taxpayers to report all sales, exchanges, and other dispositions. These include using crypto to purchase goods, services, or other property, including other cryptos such as exchanging Bitcoin for Ether.

American taxpayers engaged in cryptocurrency trading within the US and non-US exchanges will receive letters from The IRS stating previous tax-year transactions and their tax status.

Questions about how to comply, mainly if some of their transactions occurred on multiple foreign exchanges, will arise.

A crypto tax attorney should be up to speed with IRS incentives, correspond with the regulator on issued subpoenas,  requested audits, and every other tax parameter pertaining to:

  • IRS letters
  • Amending previous crypto returns
  • Protecting crypto assets from liability
  • Informing clients of existing case law and legal procedures
  • Giving guidance on recordkeeping for future tax purposes
  • Challenging tax bills for unreported crypto
  • Seeking favorable outcomes in tax audits
  • Aiding in recognizing crypto tax savings opportunities

Crypto tax lawyers facilitate correct reporting of cryptocurrency assets on the current year’s tax return, aid in filing amended returns for previous years, and ensure compliance with the IRS, failure to which taxpayers become subject to future civil and criminal enforcement activity.

Tax Laws To Know Before Investing In Cryptocurrencies

The IRS guides cryptocurrency tax laws and tax liability. Some essential provisions given are:

  • Crypto is regarded as property and liable for taxation as a capital asset.s
  • The capital gains tax applies when crypto is used to purchase goods and services, sold for fiat, or bought other cryptos.
  • Crypto acquired through mining is taxable, and valued at its fair market value on acquisition.
  • Expenses on mining equipment are allowable business expenses.

Taxable Crypto Events

The IRS questions the sale, trade, exchange, or receipt of financial gain on cryptocurrency. Taxpayers must include gains and losses from stocks and equity as well as crypto gains and losses on the tax forms.

Any realized income from appreciation in the crypto asset's value is taxable as a capital gain, though you can offset them against capital losses. Crypto transactions that trigger capital gains are:

  • Sale of cryptocurrency for cash
  • Exchange of one virtual currency for another
  • Payment to merchants using cryptocurrency or crypto debit cards

All receipts of crypto earned as income also need to be reported. Such instances include:

  • Mining or staking cryptocurrency
  • Receipt of airdropped tokens
  • Payments received in the form of crypto

Non-taxable crypto transactions

Non-taxable cryptocurrency events include:

  • Buying and holding cryptocurrency
  • Transferring crypto between exchanges or wallets
  • Gifting cryptocurrency, not exceeding a stated threshold.
  • Donating cryptocurrency, which in fact, is tax-deductible

Long-term capital gains

Long-term capital gains occur on the disposition of assets after holding for more than a year. The long-term capital gains rate applies and depends on the ordinary income tax rate.

Short-term capital gains

Short-term capital gains occur on the disposition of assets after holding for one year or less. The capital gains are added to the annual income and taxed at the ordinary income tax rate, typically higher than the long-term capital gains tax rate.

Factors To Consider When Hiring A Crypto Tax Lawyer

Consider the following factors when choosing a crypto tax lawyer.

Cognizant of Both Securities Laws And Tax Laws

The current federal approach involves using already-existing federal laws and applying them to crypto-related transactions. Therefore, experience and knowledge of securities and tax laws are paramount.

A 360 Overview

A crypto tax lawyer must be able to provide a full overview of any tax situation.

Whether it's advice on investments, crypto mining, ICOs, or anti-money laundering protocols, an attorney should show you how to traverse the crypto space regardless of the type of transactions you will make.  A crypto tax lawyer must issue details of potential obligations in divergent areas.

There Is No Standard Federal Crypto Legislation

Crypto tax lawyers must explain the absence of standard crypto federal legislation. There are no federal “crypto laws and regulations” in existence currently. Guidance is dependent on existing federal statutes. A good crypto tax lawyer must assess the case and explains how current federal provisions implicate the case.

Open Minded

The Crypto environment and regulation are constantly evolving, requiring an open-minded crypto tax lawyer dedicated to learning new, critical laws; and supportive of novel technologies.

The lawyer´s passion and dedication to your case depend on their position on cryptocurrencies. Their support of blockchain technology and whether they own cryptocurrencies are vital considerations. Open-mindedness and commitment are crucial in crafting arguments in a federal investigation. Flexibility and positivity are essential.

Outro/Conclusion

Crypto tax laws are constantly changing. There are many different ways to report crypto income and pay taxes. Some people use cryptocurrency exchanges like Coinbase or Binance to buy and sell digital assets. Others may hold cryptocurrencies directly on wallets like MyEtherWallet or Trezor. Still, others may keep their coins in paper wallets or hardware devices. Each method has advantages and disadvantages.

For example, some exchanges require users to provide personal information, which could risk identity theft. Paper wallets do not store sensitive information, but they are inconvenient because they must be stored offline. Hardware wallets are more secure than paper wallets but are challenging to access and manage. A good crypto tax lawyer helps to decide what works best for you.

People Also Ask

Is the IRS taxing crypto?

Yes. Digital assets (cryptocurrencies; Bitcoin, Ethereum, Cardano and more) as they are better known for legal and tax purposes are no different from any other type of "asset" and so are taxed in a similar way.

How Do I Avoid Crypto Taxes?

This is the million-dollar question. Avoiding crypto taxes legally can be done by moving to a country where crypto is either not taxed or not entirely taxed. Some of these countries include Germany, Portugal, Singapore, and Malaysia. If you aren't willing to make the move you need to consider offsetting losses or buying crypto through other methods such as Qualified Rollovers.

What Happens if I Don’t Pay My Crypto Taxes?

This depends largely on the country that you live and invest in. In the US, the IRS will eventually come after you. You won't necessarily go to prison right away but you will pay interest and fines the longer that you don't pay your taxes and eventually if you continue to not pay you may be charged or worse even go to prison.

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