Tax Strategies for Virtual Currency (Bitcoin) in Business and Investments

Virtual currency, such as the Bitcoin, has been increasing in popularity. Virtual currency may be used to pay for goods or services, or held for investment. Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value. In some environments, it operates like “real” currency, but it does not have legal tender status in any jurisdiction.

For federal tax purposes, virtual currency is treated as property. As such, it can be classified as business property, investment property, or personal property. General tax principals applicable to property transactions apply to transactions using virtual currency.

Basis in virtual currency is the Fair Market Value (or FMV) of the currency on the date the currency is received. If received as payment for services, it is considered taxable income and will be subject to both income and social security taxes.

Using the virtual currency to obtain cash or purchase goods is a recognizable transaction. If the FMV of property received for the virtual currency exceeds the taxpayer’s adjusted basis in the currency, the taxpayer has a taxable gain. A loss will occur if the FMV is less than the taxpayer’s basis. The character of the gain or loss depends on whether the virtual currency is a capital asset for that particular taxpayer.

Example: Use of virtual currency in business

Abigail, a sole proprietor, accepts 10 Bitcoins from Fred in payment for services. At the time the services were performed, Bitcoins were worth $400 each. Therefore, Abigail recognizes $4,000 ($400 × 10) of business income. A month later when Bitcoins are worth $425 each, she uses 2 Bitcoins to purchase supplies for her business. At that time, she will recognize $850 in business expense ($425 × 2) and $50 of gain on the Bitcoins [($425 − $400) × 2]. Since Abigail in not in the trade or business of selling Bitcoins, the $50 gain is capital. Variation 1: The Bitcoins are worth $380 each at the time the supplies are purchased. Abigail will now have $760 in business expense ($380 × 2) and $40 of loss on the Bitcoins [($380 − $400) × 2]. The loss is a business capital loss.

Variation 2: Abigail uses the 2 Bitcoins worth $380 each to purchase a new TV for her personal use. Since the Bitcoins were not used in her trade or business and were not held for investment purposes, the loss is considered a personal capital loss and is not eligible for deduction.

Observation: If Fred was using Abigail’s services in his trade or business, he is subject to the Form 1099-MISC reporting requirements since the value of the Bitcoins is $600 or more.

Note: The market values in these examples may not reflect current prices.

Example: Use of virtual currency for investments

Arnold believes the Bitcoin will increase in value. He purchases 15 Bitcoins on March 15, 2017, for $400 each and 20 Bitcoins on May 19, 2017, for $460 each. On April 3, 2018, he sells 10 Bitcoins for $425 each. Since Arnold held the Bitcoins for investment purposes, any gain or loss will be capital in nature. If he sells 10 Bitcoins from his March 15 batch, he will recognize a $250 [($425 − $400) × 10] long-term capital gain. If he sells 10 Bitcoins from the May 19 batch, he will recognize a $350 [($425 − $460) × 10] short-term capital loss. Since the Bitcoins were held for investment purposes, the short-term capital loss may be included on Arnold’s Form 8949 for 2018.

Observation: When Bitcoins are purchased, they are placed in the taxpayer’s virtual “wallet.” For purposes of tracking basis and identifying which Bitcoins were sold, it is best that wallets be kept separately and not combined.

A 2016 report from the Treasury Inspector General for Tax Administration recommends the IRS do more to ensure that taxpayers are not using virtual currency to avoid taxes. Soon after, the IRS sought a court order to obtain customer records from a California virtual currency exchanger in order to crack down on possible tax evasion. Bitcoin transactions can be difficult to trace because the entire network of users, including their identities, is encrypted with no central authority keeping track of users. The IRS fears that taxpayers may use Bitcoins and other forms of virtual currency to hide income.

If you are currently using virtual currency for your business or making investments with it, please contact our office. We would love to talk about the best way to tax strategize for this coming up tax season. Contact us: 949-364-0334 or info@capatacpa.com .

2018 Q1 tax calendar: Key deadlines for businesses and other employers

Here are some of the key tax-related deadlines affecting businesses and other employers during the first quarter of 2018. Keep in mind that this list isn’t all-inclusive, so there may be additional deadlines that apply to you. Contact us to ensure you’re meeting all applicable deadlines and to learn more about the filing requirements.

January 31

• File 2017 Forms W-2, “Wage and Tax Statement,” with the Social Security Administration and provide copies to your employees.
• Provide copies of 2017 Forms 1099-MISC, “Miscellaneous Income,” to recipients of income from your business where required.
• File 2017 Forms 1099-MISC reporting nonemployee compensation payments in Box 7 with the IRS.
• File Form 940, “Employer’s Annual Federal Unemployment (FUTA) Tax Return,” for 2017. If your undeposited tax is $500 or less, you can either pay it with your return or deposit it. If it’s more than $500, you must deposit it. However, if you deposited the tax for the year in full and on time, you have until February 12 to file the return.
• File Form 941, “Employer’s Quarterly Federal Tax Return,” to report Medicare, Social Security and income taxes withheld in the fourth quarter of 2017. If your tax liability is less than $2,500, you can pay it in full with a timely filed return. If you deposited the tax for the quarter in full and on time, you have until February 12 to file the return. (Employers that have an estimated annual employment tax liability of $1,000 or less may be eligible to file Form 944,“Employer’s Annual Federal Tax Return.”)
• File Form 945, “Annual Return of Withheld Federal Income Tax,” for 2017 to report income tax withheld on all nonpayroll items, including backup withholding and withholding on accounts such as pensions, annuities and IRAs. If your tax liability is less than $2,500, you can pay it in full with a timely filed return. If you deposited the tax for the year in full and on time, you have until February 12 to file the return.

February 28

• File 2017 Forms 1099-MISC with the IRS if 1) they’re not required to be filed earlier and 2) you’re filing paper copies. (Otherwise, the filing deadline is April 2.)

March 15

• If a calendar-year partnership or S corporation, file or extend your 2017 tax return and pay any tax due. If the return isn’t extended, this is also the last day to make 2017 contributions to pension and profit-sharing plans.

Why you may want to accelerate your property tax payment into 2017

Accelerating deductible expenses, such as property tax on your home, into the current year typically is a good idea. Why? It will defer tax, which usually is beneficial. Prepaying property tax may be especially beneficial this year, because proposed tax legislation might reduce or eliminate the benefit of the property tax deduction beginning in 2018.

Proposed changes

The initial version of the House tax bill would cap the property tax deduction for individuals at $10,000. The initial version of the Senate tax bill would eliminate the property tax deduction for individuals altogether.

 

In addition, tax rates under both bills would go down for many taxpayers, making deductions less valuable. And because the standard deduction would increase significantly under both bills, some taxpayers might no longer benefit from itemizing deductions.

2017 year-end planning

You can prepay (by December 31) property taxes that relate to 2017 but that are due in 2018 and deduct the payment on your 2017 return. But you generally can’t prepay property tax that relates to 2018 and deduct the payment on your 2017 return.

Prepaying property tax will in most cases be beneficial if the property tax deduction is eliminated beginning in 2018. But even if the property tax deduction is retained, prepaying could still be beneficial.

Here’s why:

• If your property tax bill is very large, prepaying is likely a good idea in case the property tax deduction is capped beginning in 2018.
• If you could be subject to a lower tax rate in 2018 or won’t have enough itemized deductions overall in 2018 to exceed a higher standard deduction, prepaying is also likely tax-smart because a property tax deduction next year would have less or no benefit.

However, there are a few caveats:

• If you’re subject to the AMT in 2017, you won’t get any benefit from prepaying your property tax. And if the property tax deduction is retained for 2018, the prepayment could cost you a tax-saving opportunity next year.
• If your income is high enough that the income-based itemized deduction reduction applies to you, the tax benefit of a prepayment may be reduced.
• While the initial versions of both the House and Senate bills generally lower tax rates, some taxpayers might still end up being subject to higher tax rates in 2018, either because of tax law changes or simply because their income goes up next year. If you’re among them and the property tax deduction is retained, you may save more tax by holding off on paying property tax until it’s due next year.

It’s still uncertain what the final legislation will contain and whether it will be passed and signed into law this year. We can help you make the best decision based on tax law change developments and your specific situation.