Skip to main content
Level 1
September 24, 2020

Virtual Currency

  • September 24, 2020
  • 10 replies
  • 64 views

I have a client that answered no to the virtual currency question on sch 1 form 1040 2019.  Recently he call to ask if he should amend his tax return to report his virtual currency acquisition.  Since there is no sale what should I answer him.

    This topic has been closed for replies.

    10 replies

    sjrcpa
    Level 15
    September 24, 2020

    FBAR and 8938 reporting may be required.

    Did you ask him why he lied?

    The more I know the more I don’t know.
    Level 6
    December 1, 2020

    What is the requirement to file FBAR and form 8938? I understand the foreign asset, what about owning Ethereum for example,  does the FBAR require you to file just by owning or it depends where the ethereum is held (in digital wallet, so where is the boundary)? Thank you.

    itonewbie
    Level 15
    December 2, 2020

    @dbtaxsolutions wrote:

    What is the requirement to file FBAR and form 8938? I understand the foreign asset, what about owning Ethereum for example,  does the FBAR require you to file just by owning or it depends where the ethereum is held (in digital wallet, so where is the boundary)? Thank you.


    You can find the answer to your question from the discussions above.

    ---------------------------------------------------------------------------------Still an AllStar
    BobKamman
    Level 15
    September 24, 2020

    This reminds me of the branch chief at IRS National Office, when I worked there, who never  filled out the "Occupation" line on his 1040 because he said there was no law that required it.  So, where is the law that requires an answer to this question?  Maybe it was an executive order, or maybe the wishy-washy Regulations that authorize IRS to design forms that help it administer the tax laws.  I think there's a Supreme Court case involving whether tax shelters have to turn themselves in by filing some form, but that issue is above my pay grade.

    However, I don't find where "acquisition" of virtual currency has anything to do with the Schedule 1 question.  The instructions for that question cover only the situation where the VC is acquired for free, or in a transaction:

    "The receipt or transfer of virtual currency for free (without providing any consideration), including from an airdrop or following a hard fork"

    We could all jam the IRS phone lines by calling to ask the difference between an airdrop or a hard fork.  Or, we could just ask "How high?" when IRS says "Jump!"

    George4Tacks
    Level 15
    September 24, 2020
    But if I jump will I be air dropped onto a hard fork? OUCH!
    Answers are easy. Questions are hard!