Maybe a dumb question, but how does or doesn’t this apply if you have played virtually any modern multiplayer video game in which you receive digital assets from loot boxes, or from buying cosmetics?
“Digital asset” seems like a VERY broad term just looking for perjury.
Not that the entire concept of how one files taxes in the US isn’t one big perjury trap already, it just seems less and less subtle about it with each iteration.
> Digital assets are any digital representations of value that are recorded on a cryptographically secured distributed ledger or any similar technology. For example, digital assets include non-fungible tokens (NFTs) and virtual currencies, such as cryptocurrencies and stablecoins.
Obviously, V-Bucks are not a "representation of value" and are not "recorded on a cryptographically secured distributed ledger or any similar technology".
Digital assets purchased in video games typically have a value of $0 as nearly all major video games implement a one-way “currency to item” pipeline and strictly prohibit “item to currency” in return (specifically, for example: Hearthstone, Diablo, Eve Online, FarmVille, and so on).
One could argue that exchanging in-game currency for game time is a taxable benefit of, say, $15/mo to the player; which then falls below the US 1099 reporting threshold of $600/year due to its irrelevance for taxation purposes.
If you can construct a case that an item purchased in a game can then be sold for value, and that you can then receive benefits of $600 USD or more within a single calendar year in return for your purchased item, then you have identified a possible taxation loophole that should be corrected; please do share!
They appear to specifically have guidance indicating that this refers to cryptocurrency and NFTs. However, I would also point out, stuff you buy in a video game is never actually an asset: It's just an entry in that company's database that your account has an item. You never really control it in the way you theoretically control a crypto asset.
I don't know why people think the IRS is looking to establish perjury cases against taxpayers. That's really not what they're doing (or how perjury is qualified statutorily for the tax code[1]): they'd much rather get your back taxes from you than actually go through a trial process.
In other words: the standard for perjury on your tax forms is very high, much higher than the unintentional mistakes that the IRS is aware millions of people make each year.
Looks like this isn't a new requirement, just a UX change given the increasing popularity of Crypto -- using Form 8949 for Crypto transactions has been the guidance since 2014 ( Notice 2014-21, 2014-16 I.R.B. 938 ).
Sure, why not, e.g. buy ISK in EVE for price 1X, then sell them same year for price 1.1X. Declare profits and pay taxes. It's just that the scope of token insanity is so much larger than any MMO can imagine, and price swings are so much bigger. MMO currencies and trades going on there are not even a rounding error, they probably won't even fit in the float variable precision when calculating money in the digital assets in the world.
For those who don't see the cryptocurrency question, it's section "Digital Assets": "At any time during 2022, did you: (a) receive (as a reward, award, or payment for property or services); or (b) sell, exchange, gift, or otherwise dispose of a digital asset (or a financial interest in a digital asset)? (See instructions.)"
In previous years, the question was worded "virtual currency". This year, it is worded as "digital asset". Looks like the question was broadened to include non-coin assets like NFTs.
"Digital assets are broadly defined as any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.
"Digital assets include (but are not limited to):
- Convertible virtual currency and cryptocurrency
- Stablecoins
- Non-fungible tokens (NFTs)"
I would have thought that "digital assets" existed before there was any "cryptographically secured distributed ledger or any similar technology."
For example, a record label might own the original recordings of a 1995 song as a set of files. Legally, they own the copyright in the recording, but the copyright alone isn't enough because the copyright loses its market value if the associated files get destroyed. In other words, the files are 1) digital and 2) assets, because if someone bought the recording, they would reasonably expect to get both the copyright and the files.
They're clearly using it as a term of art. All parties involved more than capable of understanding that "Digital assets" as defined (explicitly!) by the IRS do not necessarily encompass everything that might be plausibly described by the noun-adjective pair "digital asset."
If you purchased crypto via Robinhood but not used a self-custody wallet, it is questionable as to whether you own a digital asset. You actually own some sort of financial instrument issued by Robinhood and no control over any underlying asset.
Interestingly, this does not seem to apply to you if you just HODL and never sell. Also, it's not exactly clear if "fake bitcoin" that some companies offer - where you buy "something" that tracks, say, BTC but there's no real BTC behind it, you can not take custody of any BTC and the only thing you can do is to exchange it back for dollars - qualify as "digital assets". They are certainly not recorded on chain, for example.
This has been on for a few years, but is better worded now. I remember reporting “bitcoin” gains in 2012 when there was no guidance from the IRS so I was sure I was going to get audited. I did not.
I can see the anti-crypto types in glee over the tedium of having to record every Reddit community points transaction a user receives.
"The oppressor no longer uses his own force directly upon his victim. No, our conscience has become too sensitive for that. There is still the tyrant and his victim, but between them is an intermediary which is The State—the Law itself. What could be better designed to silence our scruples and—more important—to overcome all resistance? Thus do all of us, by various claims and under one pretext or another, appeal to The State" - Frédéric Bastiat
I have no idea why you thought this: "fishing expeditions" are called "discovery" in US law, and they are both absolutely legal and a standard element of pre-trial preparation.
(This has absolutely nothing to do with the IRS's statutory authority to tax your assets, and consequently their authority to ask you about them.)
> But it has no fiscal value because it does not plainly ask for a taxable amount.
I think you're assuming this is some kind of "gotcha" question to provoke perjury because it doesn't ask for the value of the digital assets. That's because, as the instructions make clear, you need to fill out another form (Form 8949) if you check "yes" to this checkbox.
I think you're misunderstanding the limited protections of the fourth amendment with you voluntarily answering questions.
Feel free to seek the advice of an attorney on taking the 5th on a tax form, but I suspect that will cause the IRS to do the necessary investigative work to obtain a warrant for your now extremely interesting tax return!
Well, the definition of income in the USA includes [1]:
> income means all income from whatever source derived
Then it only proceeds to except certain things. So the better question, from the perspective of tax laws are: "are there any laws in this space that takes away the IRS's very clear authority to treat crypto earnings/losses like any other income"
For the purposes of taxation, cryptocurrencies are considered securities. You have to pay capital gains taxes on them (or, as appropriate, deduct your losses).
[+] [-] alexcoomans|3 years ago|reply
https://www.irs.gov/pub/irs-prior/f1040--2020.pdf https://www.irs.gov/pub/irs-prior/f1040--2021.pdf
[+] [-] kiawe_fire|3 years ago|reply
“Digital asset” seems like a VERY broad term just looking for perjury.
Not that the entire concept of how one files taxes in the US isn’t one big perjury trap already, it just seems less and less subtle about it with each iteration.
[+] [-] cmeacham98|3 years ago|reply
> Digital assets are any digital representations of value that are recorded on a cryptographically secured distributed ledger or any similar technology. For example, digital assets include non-fungible tokens (NFTs) and virtual currencies, such as cryptocurrencies and stablecoins.
Obviously, V-Bucks are not a "representation of value" and are not "recorded on a cryptographically secured distributed ledger or any similar technology".
[+] [-] sbelskie|3 years ago|reply
https://www.irs.gov/businesses/small-businesses-self-employe...
[+] [-] altairprime|3 years ago|reply
One could argue that exchanging in-game currency for game time is a taxable benefit of, say, $15/mo to the player; which then falls below the US 1099 reporting threshold of $600/year due to its irrelevance for taxation purposes.
If you can construct a case that an item purchased in a game can then be sold for value, and that you can then receive benefits of $600 USD or more within a single calendar year in return for your purchased item, then you have identified a possible taxation loophole that should be corrected; please do share!
(I am not your lawyer, this is not legal advice.)
[+] [-] ocdtrekkie|3 years ago|reply
[+] [-] woodruffw|3 years ago|reply
In other words: the standard for perjury on your tax forms is very high, much higher than the unintentional mistakes that the IRS is aware millions of people make each year.
[1]: https://www.law.cornell.edu/uscode/text/26/7206
[+] [-] cbhl|3 years ago|reply
https://www.irs.gov/individuals/international-taxpayers/freq...
Coinbase directs its US users to CoinTracker, which you can then import into (say) TurboTax.
[+] [-] Yizahi|3 years ago|reply
[+] [-] unknown|3 years ago|reply
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[+] [-] unknown|3 years ago|reply
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[+] [-] dboreham|3 years ago|reply
So Starbucks stars, United miles, etc don't count.
[+] [-] pavlov|3 years ago|reply
[+] [-] maxerickson|3 years ago|reply
[+] [-] unknown|3 years ago|reply
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[+] [-] BrianHenryIE|3 years ago|reply
https://www.irs.gov/instructions/i1040gi#en_US_2022_publink1...
> For example, check “Yes” if at any time during 2022 you:
* Received digital assets as payment for property or services provided;
* Received digital assets as a result of a reward or award;
* Received new digital assets as a result of mining, staking, and similar activities;
* Received digital assets as a result of a hard fork;
* Disposed of digital assets in exchange for property or services;
* Disposed of a digital asset in exchange or trade for another digital asset;
* Sold a digital asset;
* Transferred digital assets for free (without receiving any consideration) as a bona fide gift; or
* Otherwise disposed of any other financial interest in a digital asset.
And points you to fill out Form 8949, Sales and other Dispositions of Capital Assets.
https://www.irs.gov/forms-pubs/about-form-8949
[+] [-] UI_at_80x24|3 years ago|reply
It seems to me that the "Steam Achievement" cards that you can sell/give away that you get for playing a game follows this line of thinking.
My steam wallet now has $0.23 of value from the sale of these "digital assets".
[+] [-] samatman|3 years ago|reply
https://oll.libertyfund.org/title/spooner-no-treason-no-vi-t...
-3
[+] [-] thmt|3 years ago|reply
The IRS describes the term "digital assets" here: https://www.irs.gov/instructions/i1040gi#en_US_2022_publink1...
[+] [-] britneybitch|3 years ago|reply
[+] [-] irrational|3 years ago|reply
[+] [-] troymc|3 years ago|reply
https://www.irs.gov/businesses/small-businesses-self-employe...
"Digital assets are broadly defined as any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.
"Digital assets include (but are not limited to):
- Convertible virtual currency and cryptocurrency
- Stablecoins
- Non-fungible tokens (NFTs)"
I would have thought that "digital assets" existed before there was any "cryptographically secured distributed ledger or any similar technology."
For example, a record label might own the original recordings of a 1995 song as a set of files. Legally, they own the copyright in the recording, but the copyright alone isn't enough because the copyright loses its market value if the associated files get destroyed. In other words, the files are 1) digital and 2) assets, because if someone bought the recording, they would reasonably expect to get both the copyright and the files.
[+] [-] woodruffw|3 years ago|reply
[+] [-] shakethemonkey|3 years ago|reply
[+] [-] kragen|3 years ago|reply
[+] [-] ohCh6zos|3 years ago|reply
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[+] [-] mcs5280|3 years ago|reply
[+] [-] ShamelessC|3 years ago|reply
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[+] [-] ETH_start|3 years ago|reply
"The oppressor no longer uses his own force directly upon his victim. No, our conscience has become too sensitive for that. There is still the tyrant and his victim, but between them is an intermediary which is The State—the Law itself. What could be better designed to silence our scruples and—more important—to overcome all resistance? Thus do all of us, by various claims and under one pretext or another, appeal to The State" - Frédéric Bastiat
[+] [-] wmf|3 years ago|reply
[+] [-] kylecordes|3 years ago|reply
[+] [-] monero-xmr|3 years ago|reply
[+] [-] 2muchcoffeeman|3 years ago|reply
[+] [-] cryotopippto|3 years ago|reply
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[+] [-] woodruffw|3 years ago|reply
I have no idea why you thought this: "fishing expeditions" are called "discovery" in US law, and they are both absolutely legal and a standard element of pre-trial preparation.
(This has absolutely nothing to do with the IRS's statutory authority to tax your assets, and consequently their authority to ask you about them.)
[+] [-] jxf|3 years ago|reply
I think you're assuming this is some kind of "gotcha" question to provoke perjury because it doesn't ask for the value of the digital assets. That's because, as the instructions make clear, you need to fill out another form (Form 8949) if you check "yes" to this checkbox.
[+] [-] pkilgore|3 years ago|reply
Feel free to seek the advice of an attorney on taking the 5th on a tax form, but I suspect that will cause the IRS to do the necessary investigative work to obtain a warrant for your now extremely interesting tax return!
[+] [-] unknown|3 years ago|reply
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[+] [-] yellow_lead|3 years ago|reply
Where did you get this idea?
[+] [-] LastTrain|3 years ago|reply
[+] [-] artificialLimbs|3 years ago|reply
[+] [-] pkilgore|3 years ago|reply
> income means all income from whatever source derived
Then it only proceeds to except certain things. So the better question, from the perspective of tax laws are: "are there any laws in this space that takes away the IRS's very clear authority to treat crypto earnings/losses like any other income"
[1] https://www.law.cornell.edu/uscode/text/26/61
[+] [-] britneybitch|3 years ago|reply
If you buy a boat for $100k and sell it for $150k, you've always had to pay taxes on the difference.
Crypto works the same way.
[+] [-] unknown|3 years ago|reply
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[+] [-] Finnucane|3 years ago|reply
[+] [-] idontwantthis|3 years ago|reply
[+] [-] yieldcrv|3 years ago|reply
income is income
capital gains is capital gains
dividends are dividends
the asset type that any of this was received in was never a factor, the nature of the transaction was the only factor
its nice that the crypto space is maturing on this matter now
[+] [-] woodruffw|3 years ago|reply