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Cryptocurrency Case Law: What Accountants Need To Know

By Eric P. Rothenberg, Esq. – (Published Article) For many years now, I’ve written articles and spoken on cryptocurrency taxation to lawyers and accountants. The first case, “Kraken I”, was decided August 8, 2022, and the second case, “Kraken II” was just decided on June 30, 2023. While Kraken II is really all about each side (the IRS and Kraken) arguing what information must be provided to the IRS to comply with the summons, it also offers keen insight into the thinking behind IRS decisions and regulations. You may read the entire published article here (Published Article)

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Thursday, Jan. 7th – Tax Aspects of Cryptocurrencies Video Conference

TAX ASPECTS OF CRYPTOCURRENCIES Thursday, Jan. 7th, 9am-12:30pm ET Led by Eric P. Rothenberg, Esq., MBA Register Now With Bitcoin jumping from $3,900 in March to $28,000 in December there was much selling in 2020. The IRS now asks on page 1 of Form 1040 if you received, sold, sent, exchanged, or otherwise acquired cryptocurrency. If one of your clients answers yes to this question, are you prepared to analyze your client’s situation and advise him/her as to what needs to be reported (if anything) on a 2020 tax return? If not, you may want to attend our 4-hour live video conference entitled Tax Aspects of Cryptocurrencies on 01/07/21 from 9:00am-12:30pm led by Eric P. Rothenberg, Esq., MBA who represents and prepares income tax returns for individuals who buy and sell cryptocurrencies. Eric’s discussion will include FinCEN regulations issued on 12/23 and the increase in the use of digital wallets as

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IRS Finally Issues Cryptocurrency Updates

By: Eric P. Rothenberg, Esq. – [Published Article] For the first time since the IRS issued guidance in 2014 [See IRS Notice 14-21], the IRS has twice spoken on the subject of cryptocurrency despite Congress practically begging for guidance in September 2018 [See letter to the IRS dated September 19, 2018 from the House Ways and Means Committee]. And while the IRS did answer some questions, there are still far too many left out. On October 10, 2019 the IRS released IR-2019-167 which they thought was “additional guidance”. It’s only a one-page release but it does reference new frequently asked questions [FAQ’s]. The FAQ’s on cryptocurrency comprise 43 questions. Nearly all of those FAQ’s are no news at all and merely state the obvious once the IRS declared in 2014 that cryptocurrency was considered by them to be “property” and not currency nor a security [See IRS Notice 14-21]. The

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Accounting Methods for Cryptocurrency Trades & Sales

By Eric P. Rothenberg, Esq. – (Published Article)   The world of cryptocurrency transactions was changed dramatically at the end of 2017 when the Internal Revenue Code [“IRC”] was modified to remove all types of assets eligible for Tax Free Exchanges under IRC Section 1031 [also known as “1031 Transactions] EXCEPT for real estate. Prior to 2018, you could exchange farm animals, rail cars and office equipment, etc. After 2017, only real estate will qualify. In my previous articles on cryptocurrency tax aspects, I discussed that the IRS has treated, since 2014, all cryptocurrency as “property” and not as either currency or security. The SEC, however, does treat it as a security, and FinCEN, the short name of the Financial Crimes Enforcement Network, a department within the US Treasury, treats it as currency. With three differing views of the same intangible object, confusion abounds. PRIOR LAW Prior to 2018, you

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Cryptocurrency [Bitcoin] and the IRS

By Eric P. Rothenberg, Esq. – [Download PDF Article] The creation and use of cryptocurrency is very recent. Back in 2010, it just began trading. In 2011, it hit its first “bubble” at $31 per coin when previously they traded for just pennies. Most people by now have already heard it hit nearly $18,000 in December 2017. That’s quite a leap in just 7 years. If you wish to learn all about cryptocurrency and the blockchain technology behind it, which may become an important tool for many businesses in the future, go to the Wikipedia’s History of Bitcoin. This article is not about what bitcoins are, but is about what you need to know about their income tax and reporting aspects. And this article is a very over-simplified view to point out the issues and give you some guidance as a start. For many years, no one even knew what

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