Cryptocurrency has become a widely discussed topic due to its rapid growth in popularity and value in recent years. However, this surge has brought about the necessity for regulation and oversight, particularly in terms of taxation. For years, the U.S. Treasury has been grappling with the challenge of how to regulate cryptocurrency. they have revealed their plans for a new tax system that will be implemented in 2025. This system will not only affect custodians of cryptocurrency but also non-custodians who have been operating in a legal gray area until now. The decision by the Treasury to postpone the enforcement of rules for non-custodians has sparked controversy, leaving many individuals in the crypto community uncertain about what lies ahead for them.
The U.S. Department of the Treasury’s Internal Revenue Service (IRS) is set to require crypto brokers to submit 1099 forms similar to their traditional brokerage counterparts. However, decentralized finance (DeFi) operations and non-hosted wallet providers will have to wait for their own set of regulations later in the year. The new guidelines, effective for transactions starting in 2025, will mandate brokers to track cost basis for clients’ tokens beginning in 2026. The IRS has specified that most routine stablecoin sales will not require reporting, and there will be a $600 annual threshold for NFT proceeds before they need to be reported.
The Treasury Department has introduced its long-awaited tax framework for cryptocurrency transactions, outlining filing requirements for digital asset brokers. This system will start with transactions occurring next year. However, some of the more controversial decisions regarding brokers who do not hold customers’ crypto have been delayed. The new IRS guidelines for crypto brokers necessitate trading platforms, hosted wallet services, and digital asset kiosks to provide disclosures on clients’ assets. These assets will also include stablecoins like Tether’s (USDT) and Circle Internet Financial’s (USDC) in certain cases, as well as high-value non-fungible tokens (NFTs). Non-custodial crypto entities, such as decentralized exchanges and unhosted wallet providers, will have to comply with the upcoming regulations later in the year.
The final rule for more commonly used brokers will come into effect on January 1, 2025, giving crypto taxpayers another year to navigate their 2024 returns independently. Brokers will have until 2026 to start tracking the cost basis for assets. Additionally, real estate transactions paid for with cryptocurrencies after January 1, 2026, will also require reporting. The IRS aims to enhance tax compliance and reduce evasion among wealthy investors through these regulations.
Despite the benefits of the new tax regime, it has sparked concerns within the industry. Some fear that the U.S. government might impose excessive requirements on entities like miners, online forums, and software developers that assist investors but are not considered traditional brokers. The IRS has acknowledged that such entities should not be classified as brokers if they solely provide validation services or hardware/software solutions for managing crypto assets. The IRS estimates that approximately 15 million individuals and 5,000 firms will be affected by the new regulations.
In an effort to minimize burdens on users of stablecoins, the IRS has exempted individuals who earn less than $10,000 from stablecoin transactions in a year from reporting. The agency will aggregate stablecoin sales, rather than reporting them individually, unless transactions are complex or high-volume. The IRS also addressed the issue of NFTs, stating that only taxpayers who earn over $600 from NFT sales annually will have to report their aggregated proceeds. The agency plans to monitor NFT reporting to ensure compliance and may revise the guidelines if necessary. The IRS has provided a safe harbor for reporting requirements related to digital assets held by taxpayers across multiple wallets or accounts as of January 1, 2025.
the new tax regulations for cryptocurrency transactions mark a significant step towards improving tax compliance in the digital asset space. While the rules may pose challenges for some entities, they are designed to enhance transparency and accountability in the crypto market.