Although Bitcoin and other virtual currencies are becoming more prevalent and have harvested a lot of consideration in the media, the tax rules that apply to them are blurred, including the simple question of whether they are treated as a currency or as property. The IRS issued its first guidance on the subject this year, in the arrangement of 16 questions and answers (Notice 2014-21).
For federal tax purposes, virtual currency is treated as property, and common tax principles applying to property transactions apply to virtual currency transactions. (Notice 2014-21, Q&A 1, 2014-16 IRB 938). Consequently, a taxpayer who receives virtual currency as payment for goods or services must include the fair market value of the virtual currency in gross income. (Notice2014-21, Q&A 3, 2014-16 IRB 938). The basis of virtual currency that a taxpayer gets as payment for goods or services is the fair market value of the virtual currency in U.S. dollars as of the date of reception. (Notice 2014-21, Q&A 4, 2014-16 IRB 938).
For U.S. tax purposes, transactions using virtual currency must be stated in U.S. dollars. Thus, taxpayers are required to define the fair market value of virtual currency in U.S. dollars as of the date of payment or receipt.
A taxpayer that exchanges virtual currency for other property may have gain or loss. If the fair market value of property received in exchange for virtual currency exceeds the taxpayer’s adjusted basis of the virtual currency, the taxpayer has taxable gain. The taxpayer has a loss if the fair market value of the property received is less than the adjusted basis of the virtual currency. (Notice 2014-21, Q&A 6, 2014-16 IRB 938). The character of the gain or loss is contingent on whether the virtual currency is a capital asset in the hands of the taxpayer. A taxpayer realizes capital gain or loss on the sale or exchange of virtual currency that is a capital asset in the hands of the taxpayer (i.e., stocks, bonds, and other investment property). A taxpayer realizes ordinary gain or loss on the sale or exchange of virtual currency that is not a capital asset in the hands of the taxpayer (i.e., inventory and other property held mainly for sale to customers in a trade or business). This distinction is important as:
- the tax rate on capital gains held by an individual taxpayer is lower than tax rate on ordinary income and,
- US citizens residing in Spain are generally exempt from US taxation on capital gains
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