Talking to Your Clients About Crypto Taxes: A Guide for Financial Advisors

Cryptocurrencies, like any other investment, are subject to taxation. However, tax rules that concern cryptocurrencies can be harder to navigate than those for other asset classes.

Given the novelty of the technology, many investors don’t fully understand how cryptocurrency taxes should be calculated and filed. Some investors might not even be aware that taxes should be reported. New tax laws and regulations are constantly being introduced to keep up with recent developments in the technology.

Informed discussions can help investors cut to the chase and stay on top of these requirements. Here’s how financial advisors can prepare for conversations about crypto taxes with clients.

Understanding Cryptocurrency Taxes

In the United States, cryptocurrencies are treated as property and taxed as investment income, ordinary income, gifts, or donations for tax purposes at the state and federal levels. Tax laws vary by state and territory but are the same for individuals, corporations, and funds federally.

The cryptocurrency can be anything from bitcoin or ether to non-fungible tokens (NFTs) and decentralized finance (DeFi) products. The Internal Revenue Service (IRS) is the federal tax agency that handles taxes across all U.S. states and territories.

• Investment income: Profits from crypto that is bought and later sold, usually on a crypto exchange, are considered income from an investment. Returns are taxed at your normal income tax rate for short-term gains (held less than one year) or long-term capital gains or losses (held more than one year), similar to profits from stock trades.
• Ordinary income: Crypto is considered ordinary or non-investment income when it is not purchased by the holder and is received as a form of payment or passive income, usually from interest-bearing accounts, an employer, staking, mining, or a cryptocurrency airdrop.
• Gift: Crypto is considered a gift if it was given for free and wasn’t a payment, loan, or interest.
• Donation: Crypto donations are tax-deductible for donors. Recipients owe gift taxes.

Federally, long-term capital gains are taxed according to a sliding scale that depends on income level and is capped at a fixed percentage. Tax rates for short-term capital gains and ordinary income are equal to the tax rate of the annual income tax bracket corresponding to the tax filing status of an individual, a business, or an investment fund.

Tax-registered entities such as corporations, nonprofits, and limited partnerships pay different tax rates, including variations between S corporations (S corps), limited liability companies (LLCs), and other corporate structures. Ordinary income may include self-employment taxes if the crypto was paid as a wage.

Gifts worth less than a certain amount don’t carry federal tax implications and don’t need to be reported to the IRS. After they hit that limit, gift taxes apply and increase based on their taxable value up to 40%. Virtual currency received as a gift is not considered income until it is sold, exchanged, or otherwise disposed of.

Donations made in crypto can be deducted from gross income to lower taxable income, similar to standard and itemized tax deductions.

Many investors might not know that quarterly estimated taxes must be filed if they expect to owe more than $1,000 in crypto taxes on their annual federal tax return.

Discussing Crypto Taxes With Clients

Discussing cryptocurrency taxes with clients is important to minimize their tax liabilities for financial planning purposes and to avoid potential consequences from tax authorities.

General Points

Failing to file returns and pay the correct amount of taxes could result in time-consuming audits and stiff penalties from financial regulators. Investors may be tax-advantaged by moving to other states and territories, trading in certain volumes and frequencies, or calculating taxes with reference prices that present less capital gains taxes.

The IRS and some states ask about cryptocurrencies on tax forms and have dedicated personnel to figure out if taxes aren’t reported. Popular crypto exchanges—like Coinbase, Kraken, and Gemini—share data on customers who earn above a certain threshold of cryptocurrency income in a taxable year. Cryptocurrency and blockchain analysis companies—like Chainalysis, Elliptic, and TRM Labs—are contracted to trace unreported transaction activity and correlate it with known identities.

State and Federal Tax Overview

Some states or territories don't impose income taxes or capital gains taxes. Other states or territories don't collect personal taxes—but do levy corporate taxes—and could offer generous tax breaks and incentives for digital assets.

Federally, cryptocurrencies sold after one year are taxed at long-term capital gains rates. Short-term capital gains are taxed at the same rate as income. What's more, every trade is taxed no matter the size of the transaction, whether cashing out from crypto to fiat currency or converting between different tokens.

The Topic of Cost Basis

Taxes on crypto holdings recognized as investment income—or when the crypto transaction functionally becomes a trade—are calculated using a cost basis.

A capital loss is booked if the cost basis of the asset—or the purchase price plus transaction fees, commissions, and acquisition costs—is higher than the sale price it sold for, less transaction fees, commissions, and acquisition costs. A capital gain is booked if the sale price is higher than the cost basis.

Thus, in some circumstances:

• Active investors could owe more in federal taxes than passive investors.
• Clients in higher federal income tax brackets could pay less taxes on crypto held longer than 12 months.
• Taxpayers who engage in crypto tax-loss harvesting and sell during the downturn could book capital losses instead of capital gains to offset tax liabilities.
• Residents of certain states or territories could pay next to nothing on crypto taxes, an advantage for investors who make regular transactions.
  

Preparing for the Crypto Taxes Conversation

Understand the Advice You Can Offer

It’s important to be aware of the distinction between tax planning and tax advice. Financial advisors who are not licensed to prepare tax returns can work with clients for tax planning purposes. For example, you might recommend that clients set aside enough money to cover taxes or inform them of their likely tax rate.

But you should avoid offering more direct, specific tax advice. Tax advisors, on the other hand, are licensed to prepare tax returns and can offer more specific advice about which tax forms clients must file or what they are required to report.

If a financial advisor offers tax advice without the necessary permissions or licenses and gives a client faulty advice, it could open them and their firm up to legal liability.

Therefore, when it comes to discussing crypto taxes—or any taxes—with clients, bear in mind the kind of advice or information that you’re able to offer clients and that which should be left to tax professionals instead. You can recommend clients meet with a tax advisor for specific tax advice.

Gather Information

Accordingly, to prepare for your conversation with a client, aim to understand what cryptocurrencies they’ve held and how they’ve interacted with them. Without knowing how the assets were obtained and valued, you can’t calculate how much they owe in taxes or distinguish if they’re taxed as investment income, ordinary income, gifts, or donations.

Clarify for clients that those working with a tax advisor will need to compile records indicating:

• The exact times, days, and prices when the crypto assets were received, bought, or sold.
• Where they bought the crypto from or how they acquired it.
• What transaction fees, commissions, and acquisition costs were charged (which will affect the cost basis of their returns).

These records can usually be downloaded from the crypto exchange or platform where the trades or transfers happened.

While it would be beyond the scope of expertise of a typical financial advisor, a tax advisor should find out what tax forms the client is required to file. That includes confirming their state or territory of residence. As mentioned, taxes differ across each state or territory and involve unique forms. Federal tax forms are standardized across the U.S., regardless of state or territory.

Review Financial Objectives

For crypto assets that clients continue to hold and haven’t yet liquidated, gauge your client’s financial goals and contingencies. Your advice will differ if they are moving to another state or territory shortly or prefer to sell all their crypto this year instead of holding them for another decade before making changes. Some clients could be short on cash and need to free up wealth soon. Others might be well-positioned to have longer investment horizons.

Basic Calculations for Crypto Taxes

Be aware that there are several mathematical formulas and concepts that cryptocurrency owners in the U.S. must understand if they want to calculate their cryptocurrency taxes. These relate to cost basis, sale price, capital gains, and losses.

Cost Basis

The cost basis is the initial value paid to buy a token or the value at which the token was received (price multiplied by the number of units), plus any entry and acquisition costs, which could include transaction and commission fees.

The cost basis is essential for calculating the value of crypto assets of any tax distinction, including investment income, non-investment income, gifts, and donations. Crypto investors tend to deal with various cost bases due to characteristic market volatility and fluctuating transaction fees.

Sale Price

The sale price is the final value at which a token is liquidated for cash or swapped for another crypto (price times number of units), minus exit and selling costs, which could include transaction and commission fees.

The sale price comes into play only when capital gains or losses need to be calculated—or, in other words, when the crypto is taxed as investment income.

Capital Gains and Losses

Capital gains or losses apply only to cryptocurrencies that are part of discretionary trades taxed as investment income, when a crypto is bought and sold for cash, and when it is converted between two different assets.

The capital gain or loss is the sale price minus the cost basis of a traded position. It is also referred to as return on investment (ROI).

Communicating Complex Concepts

The topic of taxation is filled with complex subjects that you or your clients' tax advisors should break down clearly. That way, those investing in crypto won't need to clarify the same issues repeatedly and can make judgment calls that will benefit them the most over time.

Starting small could lay the groundwork. You can help educate clients on basic concepts. Then, work your way up to more advanced concepts or advise them to contact their tax advisor.

Start With Some Essentials

Offering examples with hypothetical numbers can be a good way to begin to illustrate how a tax subject works. For instance, you can say, “If someone bought $10,000 in Bitcoin and sold it for $15,000, they have to pay either income or capital gains taxes on that $5,000,” to help a client understand the concept of capital gains.

From there, the examples can be tailored to a client’s particular tax situation. Numbers can be adjusted to reflect specific crypto holding amounts. Calculations can be drawn out with the assistance of visual aids and software programs, such as drawing boards, educational videos, and tax calculators.

Clients may find tax forms intimidating and need a tax expert to distill them. Walking through the tax forms step by step, along with the state, territory, or federal tax agency’s corresponding instructions, could eliminate confusion that clients will likely have when they try to fill them out.

The more complicated examples demanding demonstrative teaching aids will likely involve explaining how to calculate capital gains or losses across multiple crypto assets and multiple tax distinctions, such as investment and ordinary income.

Here are some examples to illustrate some of these advanced concepts:

Multiple Tax Distinctions

A crypto gift of $1,000 of bitcoin would incur a taxable capital gain of $1,000 if it is converted into $2,000 of ether after 12 months of holding. It would be taxed as ordinary income if exchanged before holding it for 12 months.

Multiple Crypto Assets

Multiple cryptocurrency transactions can trigger different types of taxes, which is why it's important for clients to keep a log of their transactions. This log helps them or a tax professional determine how a transaction will be taxed. Here's an example—for simplicity, blockchain and exchange fees are left out, along with any other costs incurred, and market values remain constant, so the basis remains the purchase price:

• An investor bought $10 worth of bitcoin on March 13, 2022
• The next day, they swapped the bitcoin for $13 of ether
• One year later (March 14, 2023), they swapped the ether for $14 of litecoin
• The next day (March 15, 2023), they sold the Litecoin for $15 and took cash

Tax events would look like this:

• Bitcoin to ether would yield $3 of ordinary income (2022)
• Ether to litecoin would yield $1 of capital gains (2023)
• Litecoin to cash would result in $1 in ordinary income (2023)

The investor would include $3 in ordinary income from cryptocurrency on their 2022 tax return. On their 2023 tax return, they would report $1 in capital gains and $1 in ordinary income from cryptocurrency transactions.

Addressing Common Client Questions

Expect clients to pose several questions about cryptocurrency taxes. Being ready to clarify the most common questions can help to quickly smooth over most concerns. That can be achieved by researching ahead of time and identifying which issues are mentioned often. Again, be mindful of how you, as a financial advisor, can help.

Here are some questions that frequently pop up regarding cryptocurrency taxes:

How Much Will I Owe in Taxes on My Cryptocurrency Holdings?

Clients might want financial advisors to exercise an outcome-based approach and give them a concrete perspective on their tax obligations. These numbers don’t need to be exact but should provide an estimate of the client’s tax rate.

Are Taxes Calculated Differently for Each Cryptocurrency Asset?

Cryptocurrencies are taxed based on how they were acquired, how long they are held, and how they are used—not their names. For example, a single crypto asset, like bitcoin or ether, could be taxed differently than another if it came from different sources. Multiple crypto assets, popular or niche, could be taxed similarly if they came from similar sources.

The tax rate specific to the source will apply to only the amount of crypto that came from the source at a given time. Taxes calculated across different sources are then added up by category to determine the overall tax owed. Sources include exchanges, mining, staking, interest, airdrops, and family and friends.

How Can I Reduce the Cryptocurrency Taxes I Owe?

Clients look for cost-cutting measures in their everyday budgets, spending habits, and tax liabilities. Knowing as many applicable tax codes, investment products, and financial mathematics as possible will help you explain the most effective tax-saving strategies and prevent oversight of options that could have been considered.

Providing Tax Planning and Compliance Services

While a financial advisor’s job is to provide guidance, not every responsibility falls on their shoulders. Financial advisors are there to give general advice, tips, and pointers to improve financial health with a holistic view. They are not there to perform accounting down to an exact number, submit taxes on behalf of a client, project every tax arbitrage potential, and act as counsel parsing the law.

It’s virtually impossible to provide effective financial planning services without doing some math. For example, a cost-effective breakeven point could be assessed between the tax savings plus brokerage fees charged on a crypto IRA vs. the tax costs plus transaction fees of crypto traded on an exchange.

Refer Clients to Appropriate Professionals

However, tax calculations and projections need to be examined in conclusive detail and officially signed off by a certified tax professional. Financial advisors can refer clients to licensed accountants, actuaries, auditors, and lawyers to establish and forecast precise numbers and legal compliance.

It is especially practical for heavy crypto investors to hire an accountant to finalize their taxes—and an auditor if the investments are for a business or a fund.

Anticipate your client’s needs while balancing and communicating your broadly defined duties as a financial advisor. The goal is to act as a structured starting point and springboard for more intermediate and advanced financial planning ideas and processes.

Resources for Further Information

Cryptocurrency is still relatively new, and the regulation of it is evolving. Staying current on the market and how it is taxed is critical to assisting clients investing in it.

The best sources of recent and timely tax information are tax agencies. The IRS and state and territory tax departments have FAQ pages and webpages discussing digital asset tax accounting and related publications.

Major cryptocurrency exchanges and cryptocurrency news sites have blog posts and articles with the latest changes and materials about cryptocurrency taxation. However, it is more accurate and comprehensive to get the information straight from the source: the tax regulators and other regulatory bodies.

The Bottom Line

Cryptocurrencies are taxed in myriad ways, presenting various tax savings that can be brought into focus and customized for individual clients with broad guidance from a financial advisor or specific, expert advice from a tax advisor.

As a financial advisor, be sure that you understand the kind of advice that you can offer your clients about crypto taxes and when to recommend that they speak with a tax or other professional.

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