At Risk For A Cryptocurrency Audit? - Atlanta Tax Lawyer (2024)

Is Buying Or Selling Crypto An “Audit Trigger”?

The short answer is “no,” buying or selling cryptocurrencies won’t necessarily trigger an audit. However, if a 1099 is reported and you failed to properly report the transaction, it could automatically trigger a CP2000 under reporter notice. The IRS does expect taxpayers to maintain accurate records and self-report all crypto transactions.

Because cryptocurrency is considered property in the United States, any time you buy, sell, or exchange virtual currencies, it’s a potentially taxable event. You need to report your transactions — calculating the difference between the purchase cost (basis) and the adjusted cost basis – on IRS Form 8949.

If the IRS plans to audit your cryptocurrency transactions, it’s in your best interests to speak with a qualified tax attorney who can help you get your records in order and negotiate with the IRS on your behalf.

At Risk For A Cryptocurrency Audit? - Atlanta Tax Lawyer (2024)

FAQs

What are the odds of a crypto tax audit? ›

What are the odds of a crypto tax audit? In general, the odds of an audit are relatively low. It was estimated that 0.63% of tax returns in 2023 were selected for an audit.

What triggers a crypto tax audit? ›

Crypto audit triggers include failure to accurately report transactions and income, large transactions or significant gains, inconsistencies or discrepancies in reporting, use of privacy-focused coins, and participation in offshore exchanges.

Does IRS monitor crypto? ›

Key Takeaways. Cryptocurrency transactions are traceable, requiring exchanges to report to the IRS, necessitating diligent reporting by users. The IRS uses advanced methods to monitor crypto transactions, ensuring tax compliance.

Is there a statute of limitations on crypto taxes? ›

The Short Answer. According to the IRS, you need to keep your cryptocurrency tax records for at least 3 years after you file your tax return reporting the transactions. However, if you underreport income by more than 25%, the statute of limitations extends to 6 years.

How long does a crypto audit take? ›

Generally, an audit team can complete a detailed report within a few days. However, larger applications may take longer to audit. Allowing time for a full security audit is essential to the success of your blockchain application.

How do I not get audited for crypto? ›

Here are four steps you can take to help avoid a cryptocurrency audit. Report all of your income, including capital gains, mining income, staking income, and anything else. File the mandatory anti-money laundering forms (FBAR and 8938). If you don't, it could result in huge fines!

How far back can the IRS audit for crypto? ›

How far back will my cryptocurrency audit go? A standard audit covers your last 3 years of tax returns. However, during the audit process, if the IRS finds reason to believe you've underreported by at least 25%, they can go back 6 years.

Has anyone been audited for crypto? ›

The IRS has made one thing clear in recent years - they're cracking down on crypto and IRS crypto audits are on the rise. So if you're one of the many investors who has received a notice or an audit request, don't panic.

What does a crypto audit look like? ›

Although crypto assets have unique intricacies, an audit resembles a cash or foreign exchange audit. Auditors will: Verify that transactions align with crypto holdings. Assess proper risk mitigation, such as the entity's ability to handle the tax obligations of trading digital assets.

Can the IRS see my Coinbase wallet? ›

Under some circ*mstances, Coinbase does report to the IRS, but that doesn't imply the individual taxpayer is not responsible for reporting. Coinbase's reports to the IRS can include forms 1099-MISC for US traders earning over $600 from crypto rewards or staking in a given tax year.

Which wallet does not report to the IRS? ›

Crypto exchange services that do not report to the IRS

KuCoin, OKX (excluding P2P transactions), and CoinEx, do not collect their customer information (KYC) and do not provide 1099 forms for most small traders.

Do I have to report crypto on taxes if I lost money? ›

Yes, according to the IRS, investors in the US have to report all of their gains and losses each tax year on the appropriate crypto tax forms, including Schedule D and Form 8949 on their Form 1040.

Can you get away with not claiming crypto taxes? ›

What happens if I don't report cryptocurrency on my taxes? The IRS is perfectly clear crypto is taxed and failure to report crypto on your taxes may result in steep penalties. The punishments the IRS can levy against crypto tax evaders are steep as both tax evasion and tax fraud are federal offenses.

Does the IRS forgive taxes after 10 years? ›

Background. Each tax assessment has a Collection Statute Expiration Date (CSED). Internal Revenue Code (IRC) 6502 provides that the length of the period for collection after assessment of a tax liability is 10 years. The collection statute expiration ends the government's right to pursue collection of a liability.

What is the penalty for not reporting crypto taxes? ›

US taxpayers must report any profits or losses from trading cryptocurrency and any income earned from activities like mining or staking on tax return forms, such as Form 1040 or 8949. Not reporting can result in fines and penalties as high as $100,000 or more severe consequences, including up to five years in prison.

What are the chances of getting tax audit? ›

(Source: IRS Data Book, 2022.) Overall, the chance of being audited was 0.2%. So, only one out of every 500 returns was audited.

How much crypto needs to be reported to IRS? ›

You owe taxes on any amount of profit or income, even $1. Crypto exchanges are required to report income of more than $600, but you still are required to pay taxes on smaller amounts. Do you need to report taxes on Bitcoin you don't sell? If you buy Bitcoin, there's nothing to report until you sell.

How far back does an IRS audit go? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.

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