IRS Can Access Coinbase User Trading Data, Court Rules (2024)

A US Federal court has ruled the Internal Revenue Service (IRS) is within its right to access Coinbase user data, in a case which sought to block the tax agency on constitutional grounds.

Plaintiff James Harper filed suit in Aug. 2020 against the IRS, its then-commissioner Charles Rettig and 10 IRS agents. It alleged they had violated his rights to obtain trading records through what’s known as a “John Doe” summons.

John Doe summons — a common tactic used by multiple government agencies — essentially affords the legal right to request a third party hand over data belonging to an individual or group of individuals for tax evasion checks.

The US District Court of New Hampshire, citing a May Supreme Court ruling, said the agency’s powers afforded to it by Congress meant Harper was not entitled to protections or relief beyond existing “checks on the IRS’ powers,” according to court documents hosted by Law360.

Harper, who maintained his innocence, had previously attempted to argue that such a request for his internal Coinbase trading records violated his Fourth and Fifth amendment rights.

An early-era crypto trader and former in-house legal consultant for the Bitcoin Foundation, Harper filed an amicus brief in 2016, fighting against the agency’s initial request for Coinbase to hand over all user trading records.

Despite ignoring requests from the agency, Coinbase was reportedly forced to hand over some of its largest user’s information, including Harper’s, following a separate summons against the Delaware-registered exchange a year later.

Harper later appealed and was granted the right to sue the IRS in the First Circuit last year. The IRS alleged Harper had failed to adequately declare his crypto trades in 2013 and 2014, prompting action from the agency against him and others.

Since 2016, the agency has been using John Doe summons for digital asset enforcement efforts.

In Aug. 2022, a California federal court granted an order allowing the IRS to issue a John Doe summons to SFOX, a Los Angeles-based crypto prime broker.

The order sought data on US taxpayers who, between 2016 and 2021, conducted crypto transactions valued at least $20,000 with or via the SFOX platform.

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IRS Can Access Coinbase User Trading Data, Court Rules (2024)

FAQs

IRS Can Access Coinbase User Trading Data, Court Rules? ›

A US Federal court has ruled the Internal Revenue Service (IRS) is within its right to access Coinbase user data, in a case which sought to block the tax agency on constitutional grounds.

Does IRS have access to Coinbase? ›

How are my Coinbase transactions taxed? Cryptocurrency transactions on Coinbase are subject to taxation, just like other financial transactions. In certain situations, Coinbase does report to the IRS. However, this does not absolve individual taxpayers from their responsibility to report their own transactions.

Can the government see my Coinbase transactions? ›

Major exchanges that operate within the United States are required by law to collect this information due to Know Your Customer (KYC) regulations. The IRS can and has requested these records from exchanges. In the past, the IRS has issued John Doe Summons to exchanges like Coinbase and Kraken.

What crypto wallet does not report to the IRS? ›

Some cryptocurrency exchanges do not report user transactions to the IRS, including: Decentralized crypto exchanges (DEXs) like Uniswap and SushiSwap. Some peer-to-peer (P2P) platforms. Exchanges based outside the US that do not have a reporting obligation under US tax law.

Why is the IRS asking about digital assets? ›

If you have digital asset transactions, you must report them whether or not they result in a taxable gain or loss. You should: Keep records. Calculate your capital gain or loss.

Does the IRS know about my crypto? ›

What if I get audited? The IRS has started auditing taxpayers specifically to evaluate their crypto trades. This is nothing to worry about and you are expected to disclose any addresses or wallets you own or control and any exchange accounts you have.

Does Coinbase share information with government? ›

Coinbase does not give any government in any jurisdiction (including law enforcement, or other government agencies) direct access to customer information on our or any third-party's systems.

Does Coinbase report all transactions to IRS? ›

Did you stake any crypto or earn crypto rewards this year using Coinbase? If you earned more than $600 in crypto, we're required to report your transactions to the IRS as “miscellaneous income,” using Form 1099-MISC — and so are you.

Can Coinbase transactions be traced? ›

Despite the pseudo-anonymity of cryptocurrency transactions, they are traceable. Transactions on public blockchains, such as Bitcoin and Ethereum, are visible to anyone, including the IRS, which can potentially match 'anonymous' transactions to identifiable individuals.

Which crypto wallet is untraceable? ›

The Top Anonymous Bitcoin Wallets Ranked

Zengo Wallet – Secure and anonymous crypto wallet using MPC cryptography instead of seed phrases. Ellipal Wallet – High-security, air-gapped wallet supporting 10,000+ digital assets. Ledger Nano X – Hardware wallet with multi-currency support and extreme security measures.

How can I avoid IRS with crypto? ›

9 Ways to Legally Avoid Paying Crypto Taxes
  1. Buy Items on BitDials.
  2. Invest Using an IRA.
  3. Have a Long-Term Investment Horizon.
  4. Gift Crypto to Family Members.
  5. Relocate to a Different Country.
  6. Donate Crypto to Charity.
  7. Offset Gains with Appropriate Losses.
  8. Sell Crypto During Low-Income Periods.
Mar 22, 2024

What is the new IRS question that must be answered? ›

Yes, everyone must answer the digital asset question – even if the answer is no. The IRS makes clear that unlike in previous years, for tax year 2022, everyone who files Form 1040, Form 1040-SR, or Form 1040-NR must check one box, answering either "Yes" or "No" to the digital asset question.

What happens if you don t report crypto to IRS? ›

US taxpayers who fail to report crypto on their taxes can face serious consequences, including fines and penalties as high as $100,000 and up to five years in prison.

What year did the IRS start asking about crypto? ›

In March 2014, the IRS issued Notice 2014-21 (the Notice), stating that cryptocurrency was to be treated as property, rather than currency for US federal income tax purposes.

Do you have to pay taxes on bitcoin if you don't cash out? ›

As long as you hold digital assets you purchased with fiat currency without converting them into cash or other crypto, you are not required to report or pay taxes on any potential gains to the IRS.

Does the IRS watch your social media? ›

When it comes to conducting audits, IRS agents have the authority to search for publicly available information on the internet, including data from social media platforms that are publicly accessible.

Do I need to report Coinbase on taxes? ›

If you earn $600 or more in a year paid by an exchange, including Coinbase, the exchange is required to report these payments to the IRS as “other income” via IRS Form 1099-MISC (you'll also receive a copy for your tax return).

Do you have to report crypto on taxes if you don't sell? ›

Crypto is generally not subject to immediate taxation, assuming you purchased the crypto as an investment and didn't acquire it as a form of income or by other means. This means that when you US taxpayers purchase crypto, there is no immediate reporting requirement until you sell.

Do I have to report crypto on taxes under $600? ›

Yes, the IRS requires that you report cryptocurrency rewards or earnings even if you don't receive a Form 1099-MISC or Form 1099-NEC. Companies are not required to send you a Form 1099-MISC or Form 1099-NEC unless the income is $600 or more.

Does converting crypto on Coinbase get taxed? ›

Taxable just means “subject to tax.” Most crypto activities are taxable, but not all. Buying and holding crypto, or minting and holding an NFT aren't taxable events. However, selling and converting crypto are taxable. (See unrealized capital gains and losses below for another example.)

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