AICPA says existing guidance does not meet taxpayers’ needs
Institute proposes 27 FAQs to address guidance gap
AICPA Recommends FAQs to Supplement IRS Guidance on Taxation of Virtual Currency
Washington, D.C. (May 30, 2018) – The American Institute of CPAs (AICPA) today sent the Internal Revenue Service (IRS) recommended questions and answers about the tax treatment of virtual currency transactions that the IRS could issue to supplement the guidance provided in Notice 2014-21.
“We recommend the IRS release immediate guidance regarding the tax treatment of virtual currency transactions, similar to that of Notice 2014-21 so that authoritative guidance exists,” Annette Nellen, CPA, CGMA, Esq., chair of the AICPA Tax Executive Committee, wrote in the letter. “Specifically, we request additional guidance that will address items from the original Notice 2014-21, and new issues that are relevant to the 2017 tax year, such as chain splits, that have arisen subsequent to the release of the original notice.”
“The rapid emergence of virtual currency has generated several new questions on how the tax rules apply to various transactions involving virtual currency and activities and assets related to it,” Nellen stated. “Moreover, the development in the number of types of virtual currencies and the value of these currencies make these questions both timely and relevant to a growing number of taxpayers and tax practitioners.”
The letter’s 27 FAQs address the following 12 areas:
Expenses of obtaining virtual currency
Acceptable valuation and documentation
Computation of gains and losses
Need for a de minimis election
Valuation for charitable contribution purposes
Virtual currency events
Virtual currency held and used by a dealer
Traders and dealers of virtual currency
Treatment under Internal Revenue Code (IRC) section 1031
Treatment under IRC section 453
Holding virtual currency in a retirement account
Foreign reporting requirements for virtual currency
“Virtual currency transactions, in which taxpayers increasingly engage, add a new layer of complexity to the analysis of a client’s reporting requirements,” Nellen wrote. “The issuance of clear guidance in this area will provide confidence and clarity to preparers and taxpayers on application of the tax law to virtual currency transactions.”
The AICPA first submitted comments on Notice 2014-21 on June 10, 2016.
Media Contact:
Shirley Twillman
202-434-9220
shirley.twillman@aicpa-cima.com
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