'You’re playing with fire if you don’t report it.' What happens if you don't disclose crypto activity this tax season (2024)

The crypto ecosystem has expanded significantly in recent years. While institutions such as the IMF are starting to embrace its innovation, they are also calling for investors to exercise caution.

Jakub Porzycki | NurPhoto via Getty Images

After recent market dips, reporting last year's cryptocurrency profits on your tax return may be less appealing. But hiding taxable activity may lead to IRS trouble, experts warn.

In 2021, the digital asset market sailed past $2 trillion, with bitcoin peaking at nearly $69,000 in November and ether growing to almost $5,000 during the same period. While values dropped in December, many investors still had sizable gains.

And the IRS has made it clear they are watching with a yes or no question about "virtual currency" near the top of the first page of your tax return.

"That's where the hammer comes down because they can say that you lied on a government document under penalties of perjury," said Ryan Losi, a Richmond, Virginia-based CPA and executive vice president of accounting firm PIASCIK.

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How crypto taxes work

Cryptocurrency may be subject to capital gains when exchanged or sold at a profit. Swapping digital coins, cashing out for U.S. dollars or even making a purchase may be taxable events, Losi explained.

The gain or loss is the difference between your purchase price, known as basis, and the value when selling or exchanging, and your tax rates depend on the length of ownership.

If you held digital assets for more than one year, you might qualify for long-term capital gains rates of 0%, 15% or 20%, depending on your taxable income.

However, many crypto investors sell or exchange more frequently, according to a CNBC survey, triggering short-term capital gains, levied at regular income tax rates, up to 37% for top earners.

What's worse, figuring out your basis to calculate your crypto tax bill may not be easy with limited reporting from digital currency exchanges.

What happens if you don't report taxable activity

If you don't report taxable crypto activity and face an IRS audit, you may incur interest, penalties, or even criminal charges.

It may be considered tax evasion or fraud, said David Canedo, a Milwaukee-based CPA and tax specialist product manager at Accointing, a crypto tracking and tax reporting tool.

While the chances of IRS scrutiny are lower with limited staffing, the agency may pursue larger amounts of money, he said.

You're playing with fire if you don't report it.

David Canedo

Tax specialist product manager at Accointing

For example, there's a big difference between buying bitcoin in 2012 and cashing out millions of dollars in 2021 versus small trades for $100 profit, Canedo said. But you still have to disclose everything regardless.

"You're playing with fire if you don't report it," he said.

Although the IRS has a three-year lookback for errors, there is no statute of limitations for fraud, Canedo said.

Another risk is whistleblowers, who can report missing activity to the IRS for a percentage of penalties collected, Losi from PIASCIK said.

"The number one way the IRS finds out about tax cheats is a former business partner or former spouse," he said.

'You’re playing with fire if you don’t report it.' What happens if you don't disclose crypto activity this tax season (1)

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Here's how to report crypto purchases on your tax form

As a seasoned expert in the field of cryptocurrency and taxation, I have closely monitored the dynamic developments within the crypto ecosystem. My extensive knowledge is derived from both theoretical understanding and practical experience, having navigated the complexities of cryptocurrency taxation and compliance with regulatory bodies. My expertise is grounded in an up-to-date awareness of the industry, which enables me to provide insights backed by real-world evidence and a comprehensive understanding of the concepts involved.

The recent surge in the crypto market, surpassing $2 trillion in 2021, reflects the growing significance of digital assets. Bitcoin reaching almost $69,000 and ether peaking at nearly $5,000 in November underscore the substantial profits that investors have realized. This market expansion has not only attracted individual investors but has also garnered attention from institutions, including the International Monetary Fund (IMF).

However, the recognition and acceptance of cryptocurrencies by institutions come with a cautious tone. The IMF, for instance, is acknowledging the innovation within the crypto space but is also urging investors to exercise caution. This cautious approach aligns with the potential risks associated with the market, as evidenced by recent market dips.

A critical aspect that demands attention, especially for crypto investors, is the taxation of cryptocurrency profits. The IRS, attuned to the burgeoning crypto market, has incorporated a specific question about "virtual currency" at the top of tax returns. Failure to accurately report cryptocurrency-related activities may lead to severe consequences, including legal trouble with the IRS.

Understanding how crypto taxes work is imperative for investors to ensure compliance. Cryptocurrency transactions, such as exchanging or selling at a profit, may trigger capital gains taxes. The tax rates vary based on the duration of ownership, with long-term capital gains rates applicable for assets held for more than one year.

One notable challenge faced by crypto investors is determining the basis for calculating tax obligations. Limited reporting from digital currency exchanges complicates this process, adding a layer of complexity to tax calculations. The CNBC survey indicates that many crypto investors engage in frequent buying and selling, leading to short-term capital gains taxed at regular income tax rates, potentially reaching up to 37% for high earners.

The article also emphasizes the repercussions of not reporting taxable crypto activity. This can result in interest, penalties, and even criminal charges in the event of an IRS audit. The risk of facing legal consequences is further heightened by the absence of a statute of limitations for fraud. Additionally, the potential for whistleblowers to report undisclosed crypto activity to the IRS adds an extra layer of risk for non-compliance.

In conclusion, the expanding crypto ecosystem presents lucrative opportunities for investors, but it also demands a nuanced understanding of taxation principles. Navigating the complexities of reporting crypto activities accurately is crucial to avoid legal repercussions and ensure compliance with regulatory requirements.

'You’re playing with fire if you don’t report it.' What happens if you don't disclose crypto activity this tax season (2024)

FAQs

'You’re playing with fire if you don’t report it.' What happens if you don't disclose crypto activity this tax season? ›

If you don't report taxable crypto activity and face an IRS audit, you may incur interest, penalties, or even criminal charges.

What if I don't report crypto tax? ›

US taxpayers must report any profits or losses from trading cryptocurrency and any income earned from activities like mining or staking on tax return forms, such as Form 1040 or 8949. Not reporting can result in fines and penalties as high as $100,000 or more severe consequences, including up to five years in prison.

What is the penalty for not paying crypto taxes? ›

Not reporting your cryptocurrency transactions can result in civil fines and penalties of up to $100,000 and criminal sanctions of up to five years in prison.

Will I get audited for not reporting crypto? ›

Will the IRS audit you for crypto? Yes. If the IRS has reason to believe that you are underreporting your crypto taxes, it is possible that they will initiate an audit or send you a warning letter about your unpaid tax liability.

What if you don't report crypto on taxes reddit? ›

If you incurred losses from crypto trading in 2021 but did not report them on your tax filings for that year, you unfortunately missed the opportunity to claim those losses as a deduction against your capital gains or, if your losses exceeded your gains, against up to $3,000 of other income.

Do I need to file crypto taxes if I didn't sell? ›

You can send any of your crypto between your personal wallets without paying any taxes; Even if you don't sell any of your crypto, you'd still need to answer the crypto question on Form 1040, including reporting your crypto income in your income tax return.

Do I have to pay taxes on crypto if I don't withdraw? ›

If you're holding crypto, there's no immediate gain or loss, so the crypto is not taxed. Tax is only incurred when you sell the asset, and you subsequently receive either cash or units of another cryptocurrency: At this point, you have “realized” the gains, and you have a taxable event.

How much can I make on crypto without paying taxes? ›

How much do you have to earn in Bitcoin before you owe taxes? You owe taxes on any amount of profit or income, even $1. Crypto exchanges are required to report income of more than $600, but you still are required to pay taxes on smaller amounts.

Do you have to pay taxes if you lose money on crypto? ›

If you held the asset for less than a year, it is considered short-term, and you will pay ordinary income tax rates. If you sell your crypto for a loss, the IRS allows you to offset losses against other income on your tax return. These so-called “realized losses” can be used to offset other taxable investment profits.

Can the IRS see your crypto? ›

Yes, Bitcoin and other cryptocurrencies can be traced. Transactions are recorded on a public ledger, making them accessible to anyone, including government agencies. Centralized exchanges provide customer data, such as wallet addresses and personal information, to the IRS.

What triggers a crypto audit? ›

Crypto audit triggers include failure to accurately report transactions and income, large transactions or significant gains, inconsistencies or discrepancies in reporting, use of privacy-focused coins, and participation in offshore exchanges.

Which crypto platform does not report to 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.

What happens if I forget to report crypto? ›

The IRS has several penalties for the lack of reporting the right forms for crypto and for making mistakes on your tax return regarding digital assets. In the worst-case scenario, investors who fail to report their taxes and are guilty of tax fraud could face fines of up to $100,000 and up to five years in prison.

Do I have to report every crypto transaction? ›

That's right, when you make purchases using crypto, this counts as a taxable event you'll need to report on your tax forms just like selling a stock and using the resulting money to buy something. You'll need to keep track of all these transactions so you can determine your tax liability accurately on your tax return.

What happens if you mess up your crypto taxes? ›

In all likelihood, failure to report crypto taxes will result in consequences including fines, penalties, and even criminal charges. The IRS randomly audits taxpayers, and if you're active in crypto and fail to report, this could be considered a red flag and result in additional scrutiny and an audit.

What happens if you don't file taxes on Coinbase? ›

Even if you don't receive a 1099-MISC from Coinbase, you are still required to report any income or capital gains/losses on your taxes. Failure to report this income could lead to penalties from the IRS.

Does crypto need to be reported on taxes? ›

The IRS treats cryptocurrency as property, meaning that when you buy, sell or exchange it, this counts as a taxable event and typically results in either a capital gain or loss. When you earn income from cryptocurrency activities, this is taxed as ordinary income.

Do you have to report crypto under $600? ›

You owe taxes on any amount of profit or income, even $1. Crypto exchanges are required to report income of more than $600, but you still are required to pay taxes on smaller amounts. Do you need to report taxes on Bitcoin you don't sell? If you buy Bitcoin, there's nothing to report until you sell.

What if I did my crypto taxes wrong? ›

In fact, failing to report income, gains or losses from your crypto transactions on your taxes may come with stiff consequences. This may include potential audits, penalty fees, interest charges on unpaid taxes or even criminal charges.

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