Americans to face felony charges by the IRS over crypto

In a significant shift in regulatory approach, American cryptocurrency users are now under heightened scrutiny from the Internal Revenue Service (IRS). A new mandate requires U.S. citizens to report any digital asset transactions worth more than $10,000 within 15 days. Failure to comply with this directive could result in felony charges, marking a stringent step towards cryptocurrency regulation in the United States.

This new requirement is part of the broader infrastructure bill signed into law by President Joe Biden in 2021. The legislation, aiming to bridge the tax gap in America, includes provisions that significantly affect how digital asset transactions are reported to the IRS. Particularly, it extends to brokers, crypto exchanges, and custodians the obligation to report transactions exceeding $10,000. However, the lack of clear filing instructions from the IRS has left many in a quandary about compliance.

The Burden of Compliance for Americans

The legislation mandates that brokers report personal details of these transactions, including the sender’s name, address, and social security number. While the intent is to curb tax evasion and ensure transparency in sizable cryptocurrency transactions, it poses considerable challenges. Jerry Brito, executive director of Coin Center, voiced concerns about the practicality of complying with these requirements without specific guidance from the IRS.

This dilemma is particularly pronounced in scenarios where the nature of the transaction makes it difficult to obtain or verify the required information. For instance, in the case of mining or validating block rewards exceeding $10,000, identifying the sender’s details is nearly impossible. Similarly, decentralized on-chain exchanges complicate the process of reporting, as they do not always provide clear information about transaction counterparts.

Potential Impact and IRS Guidelines

The stringent reporting requirements are expected to make a significant impact in 2024 when companies begin sending these reports to the IRS. The new rule raises concerns about inadvertent non-compliance leading to felony charges, given the complex nature of cryptocurrency transactions and the anonymity inherent in some of them.

The IRS has laid out the process for filing Form 8300, “Report of Cash Payments Over $10,000 in a Trade or Business.” This form is integral to the IRS and the Financial Crimes Enforcement Network’s (FinCEN) efforts to combat money laundering. The form must be filed electronically with FinCEN or in paper form with the IRS, and it applies to various entities including individuals, companies, corporations, partnerships, associations, trusts, and estates.

Form 8300 must be filed within 15 days after the transaction, and a written statement must be provided to each party named in the form by January 31 of the following year. Failure to provide this written statement can result in penalties. Additionally, suspicious activity that falls below the $10,000 threshold can be voluntarily reported, and these reports are treated confidentially.

Looking ahead, from January 1, 2024, certain businesses will be required to file Forms 8300 electronically. This requirement depends on whether they file at least 10 information returns of other types during a calendar year. Businesses not mandated to e-file can still choose to do so, or they can mail their forms to the IRS office in Detroit, Michigan.

Waivers from electronic filing due to undue hardship can be requested, and exemptions are automatically granted for those whose religious beliefs conflict with the use of the required technology. However, failure to file electronically without a waiver or religious exemption results in penalties.

In essence, the new IRS regulations represent a significant shift in how cryptocurrency transactions are monitored and reported in America. The move aims to bring greater transparency and regulatory oversight to the burgeoning digital asset market. However, it also places a considerable burden on cryptocurrency users and entities to navigate complex reporting requirements, raising concerns about the potential for unintended legal repercussions.