Did I Prepare 5% of the Tax Returns with Bitcoin in 2015?

The IRS is attempting to force Coinbase to disgorge a list of its customers who have traded Bitcoins. Back in March, an IRS agent, as part of attempting to enforce its summons against Coinbase, stated that there were only 802 individuals who reported Bitcoin transactions on Form 8949. The IRS searched and that’s what they supposedly found after looking at over 120 million returns filed for 2015.

My records show that I filed 40 returns in 2015 with Bitcoin transactions. According to the IRS that means I prepared 5% of all returns with Bitcoin transactions on them for tax year 2015!

Let’s be honest: There were more than 802 individuals who had Bitcoin transactions in 2015. This is why I expect (in the long run) the IRS’s summons against Coinbase will be successful.

This also may say something about tax professionals (and not a good thing). Now, it is true that my clientele happens to be more likely to skew towards individuals owning cryptocurrencies such as Bitcoin. Still, am I one of the few tax professionals to ask clients about cryptocurrency transactions?

It’s actually far more likely that most tax professionals have a Sergeant Schultz moment with Bitcoins: Since there’s no paperwork, there’s nothing to report. That’s not how it works: Income is taxable (or not) regardless of whether or not you receive paperwork. For example, if you do consulting work for someone and get paid $800 but you don’t receive a Form 1099-MISC noting the income, you must report that $800. Individuals who self-prepare returns likely have the same issue: No paperwork, no reporting.

Cryptocurrency is fertile ground for the IRS, and sooner or later the IRS is going to get this information and conduct audits on it. If you are trading Bitcoins or other cryptocurrencies, you need to report them on your tax return. And if you’re a tax professional, you need to ask clients about this.

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