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IRS Cryptocurrency Reporting: New Guidance Complicates Rules but Offers Temporary Safe Harbor for Taxpayers

Cryptocurrency, Digital Assets, Investment Strategies, IRS, tax compliance, Tax Guidance, Tax Reporting

Cryptocurrency has become increasingly popular in the U.S. as an investment and transaction method. As its use grows, the IRS has introduced complex reporting requirements for taxpayers. Recent guidelines, such as Revenue Procedure 2024-28 and Notice 2025-7, clarify the responsibilities for cryptocurrency owners, detailing how these digital assets are taxed and reported. Cryptocurrencies are treated as property, leading to capital gains or losses when sold. Taxpayers must track transactions meticulously and file appropriate forms, including Form 1040 and Form 8949. With evolving regulations, consulting a knowledgeable tax attorney is crucial for compliance and accurate reporting of cryptocurrency activities.



By David W. Klasing, Esq.

Cryptocurrency continues to gain traction in the U.S., appealing to both investors and those using it for transactions. However, with its popularity comes complex tax regulations enforced by the Internal Revenue Service (IRS). Recently, two essential IRS documents—Revenue Procedure 2024-28 and Notice 2025-7—have clarified the reporting requirements for cryptocurrency owners. This blog will break down these obligations and the tax implications for your digital assets.

Overview of U.S. Taxation of Cryptocurrency

In the U.S., cryptocurrencies are considered property, which means general property taxes apply. Here is a quick overview of how different aspects of cryptocurrency are taxed:

1. Capital Gains and Losses: When you sell or exchange cryptocurrency, you need to calculate the capital gain or loss. This involves knowing your asset’s basis and its fair Market value at the time of the transaction.

2. Ordinary Income: If you receive cryptocurrency as payment, it is treated as ordinary income.

3. Mining and Staking Rewards: Income from mining or staking is subject to ordinary income tax.

4. Airdrops and Forks: Any cryptocurrency received through airdrops or forks must be reported as ordinary income, regardless of whether you sell it.

How Cryptocurrency Transactions Are Reported

Taxpayers must report cryptocurrency transactions when filing their annual tax returns. Here’s how to do it:

1. Reporting on Form 1040: Indicate whether you engaged in any cryptocurrency transactions during the year.

2. Detailing Transactions on Form 8949: Report each transaction, noting whether it is short- or long-term based on your holding period.

3. Form 1099-DA: Starting January 1, 2025, brokers will report digital asset transactions, which will affect reporting obligations.

4. Accounting for Basis: Accurate tax reporting requires determining the basis of your cryptocurrency. The new IRS guidelines offer clarity on how to approach this.

The Impact of Revenue Procedure 2024-28 and Notice 2025-7

Revenue Procedure 2024-28 introduces significant changes to how taxpayers determine their cryptocurrency basis. Starting January 1, 2025, individuals will need to track their cryptocurrencies on an account-by-account basis. This change may complicate record-keeping, as taxpayers must maintain detailed records of transactions.

Notice 2025-7 offers temporary relief, permitting taxpayers to rely on their own records for the 2025 tax year if brokers are unable to provide account-specific tracking.

Practical Steps for Taxpayers

To ensure compliance, it is crucial for taxpayers to keep meticulous records of all cryptocurrency transactions, including acquisition dates and fair Market values. Working with a knowledgeable tax attorney or CPA can help navigate the ever-evolving regulations surrounding cryptocurrency taxation.

This information empowers you to better understand your tax responsibilities as a cryptocurrency owner in the U.S. For more personalized advice, consider consulting an expert in cryptocurrency tax law.

Tags: Cryptocurrency, Tax Reporting, IRS, Digital Assets, Tax Compliance, Investment Strategies.

What is the new IRS guidance on cryptocurrency?

The new IRS guidance explains how people should report their cryptocurrency transactions on their tax returns. It has updated rules to make sure taxpayers follow the laws correctly.

Why is the new guidance complicated?

The guidance adds more rules and details about how to handle different types of cryptocurrency transactions. This can be confusing for many people who buy, sell, or trade virtual currencies.

What is the temporary safe harbor?

The temporary safe harbor is a new provision that gives taxpayers a break. It allows people to avoid penalties for not reporting certain crypto transactions if they follow specific rules during this time.

How does this affect my cryptocurrency reporting?

With these new rules, you need to be more careful about how you document your cryptocurrency activities. Following the IRS guidance will help you avoid mistakes when you file your taxes.

What should I do if I’m unsure about my reporting?

If you have questions or concerns about your cryptocurrency reporting, it’s a good idea to consult a tax professional. They can help you understand the new rules and ensure you fill out your tax return correctly.

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