IRS makes change to crypto reporting

In the latest draft of IRS Form 1040, the agency has made a slight but essential change to the wording of the question related to virtual currency.

On the 2019 and 2020 tax returns, the following question appeared: “At any time during 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?”
The question led many people to wonder whether the IRS was trying to create a database of cryptocurrency investors, even if they had not sold their interests. It was also so broad that taxpayers and advisors found it tough to answer.

The new draft question seems to hint that the IRS is focused on taxable transactions. The new question is: “At any time during 2021, did you receive, sell, exchange, or otherwise dispose of any financial interest in VC?”

The two most notable changes are the removal of the word “send,” which appeared in the 2020 version. Also, the agency has replaced “acquire any financial interest” with “dispose of any financial interest.”

Crypto tax compliance

The IRS has been cracking down on noncompliance with tax reporting requirements related to cryptocurrency investments.

The agency has been receiving far fewer tax returns reporting crypto investments than there are taxpayers invested in bitcoin and other virtual currencies. The original question was added to Scheduled 1 of the 2019 return in an attempt to boost compliance.

The IRS soon realized that Schedule 1, which is used to report business income, rental property income, and other things such as moving expenses and self-employment taxes, isn’t filed by many taxpayers. For example, a W-2 wage earner who invested in bitcoin wouldn’t be required to file Schedule 1 and would be missed.

Then, for the 2020 return, the IRS moved the question to the top of Form 1040, which every taxpayer has to file. As a result, the IRS got a somewhat more complete answer to its question.

Tough to answer

Taxpayers and their advisors found the original question challenging to answer.

For one thing, the IRS hadn’t provided guidance on what each element of the question covers. For example, what counts as a “financial Interest” in cryptocurrency? Taxpayers wondered if owning an interest in a company that mines cryptocurrency would qualify.
The major impact of the changed language is that it seems that taxpayers would no longer have to say “Yes” if they sent cryptocurrency between wallets or exchanges or simply bought some.
The 2021 draft Form 1040 is likely to be revised before being finalized and it remains to be seen whether clearer guidance on answering this question will be provided.

Office Hours

Mon. - Fri.: 8:30 am - 5:30 pm

AV
Address
The Spectrum Building
613 N.W. Loop 410, Suite 840
San Antonio, Texas 78216-5507
Contact

Phone: (210) 742-1410
Fax: (210) 742-1414

9.3Gilbert Vara Jr.
Google
Jose Burga profile picture
Jose Burga
Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent CS
Google
Lisa Condrey profile picture
Lisa Condrey
Google star 1Google star 2Google star 3Google star 4Google star 5
From my first contact with the office to the last letter closing out our business, Mr. Vara & his staff have been attentive, compassionate, knowledgeable, & extremely helpful. I highly recommend Mr. Vara & his office.
Google
olivia calderon profile picture
olivia calderon
Google star 1Google star 2Google star 3Google star 4Google star 5
I have known him for several years and I have never hesitated to give excellent recommendations of his work to friends and acquaintances.
Google
Kay profile picture
Kay
Google star 1Google star 2Google star 3Google star 4Google star 5
We appreciated the professionalism and prompt attention to detail Mr. Vara and Krystin gave us, upon our first conversation. The integrity of this law practice, the concern shown toward the client, and the knowledge base of this practice is sterling in comparison with others in the field. This polished and established law practice completed my Mother's estate in a seamless manner, with timely and succinct communication. A heart-felt thank you to Mr. Vara and Krystin for their work and a great big "shout-out" to each in appreciation of their guidance! Respectfully submitted. K. Woltersdorf
Google
The Muscle Factory Support Team profile picture
The Muscle Factory Support Team
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Gilbert Vara is an exceptional lawyer who handled my LLC and will . He was very helpful in answering all my questions. I highly recommend him to anyone looking for an attorney.
Google
jeffrey molina profile picture
jeffrey molina
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Vara was recommended to myself and my mother to take care of her estate planning, last will and testament, and a family legal matter that needed some attention. Mr Vara was very kind, professional, personable and took the time to get to know us and our unusual legal situation, and our desires as to the outcome of our visit with him. His plan of action was explained to us in length, with plenty of opportunities to ask questions or just give our input about our case. Mr Vara was very pleasurable to work with and the outcome to our situation was resolved in our favor. I think the most pleasurable thing about working with Mr Vara and his staff was that we were kept informed of what was being done, what step in the process we were in. We were always kept informed of the status of our case. Thank you Mr Vara and staff for making what could have been a horrible experience fir my family a less obtrusive experience and resolving our legal issues. I would highly recommend this firm for your legal needs
Google
Rhonda Valenti profile picture
Rhonda Valenti
Google star 1Google star 2Google star 3Google star 4Google star 5
I could not be more pleased with the legal services I received from Gilbert and his staff. From my first encounter and through the conclusion of my case with his office, Gilbert was the consummate professional, highly sensitive to a very difficult family situation, and 100% available throughout the case. Gilbert was conscientious and thoughtful regarding costs and billing and was proactive in managing my case and minimizing fees where possible. Gilbert's staff reflects his professionalism, experience, and outstanding performance. Krysten was very professional, competent, and kept me informed and connected. One of the most remarkable traits of Gilbert is his ability to bring clarity and understanding to the intricacies, complexities, and complications around guardianships. I recommend The Law Office of Gilbert Vara, Jr. - 5 stars all day!