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Who’s Most at Risk of an IRS Audit for Cryptocurrency Tax Issues?

 

Who’s Most at Risk of an IRS Audit for Cryptocurrency Tax Issues?

Hey folks, it’s tax season again and for those of us who own cryptocurrency, that means we gotta be extra careful about reporting everything properly to avoid getting audited by the IRS. I know taxes aren’t the most fun thing to deal with, but audits are even worse, so let’s talk about who’s most likely to get audited and how we can avoid it, a’ight?

First off, the IRS has been ramping up enforcement when it comes to crypto taxes the past few years. They’ve sent out a bunch of warning letters to coin holders and have even sought out more staff who specialize in crypto audits[1]. So if you’ve been trading coins and not reporting gains or losses accurately, you could def be on the IRS’s radar.

1099 Mismatches

One of the biggest red flags for the IRS is when the income you report doesn’t match up to 1099 forms filed by exchanges you use[1]. Like if Coinbase says you made $50k in trades but you only claim $30k in gains, that discrepancy is gonna raise some eyebrows over at the IRS.

To avoid this, make sure you download all your 1099s from exchanges and reconcile them with your own records. If there’s a discrepancy, better to amend your return asap rather than wait for the IRS to come knocking!

Large Transactions

If you’re moving around big amounts of crypto – especially to/from exchanges – that’s another trigger for the IRS[4]. They wanna know where large sums are coming from and that you’re paying taxes on ’em.

So if you sold a bunch of Bitcoin for $500k and transferred it to your bank account, you better believe the IRS will be looking into that. Make sure any large transactions are reported properly on your tax return.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Previous Audits or Warnings

Got hit with an audit before or received one of those IRS warning letters about crypto tax compliance? Then you can bet you’re on their monitoring list for future audits too[3].

If you’ve been flagged already, be extra diligent going forward. Make sure you dot your i’s and cross your t’s when it comes to reporting crypto activity. Consider hiring a tax pro too so you’ve got an expert in your corner.

No or Low Income

If you’re reporting little to no income but have significant crypto transactions, the IRS is gonna scratch their heads and wanna take a closer look[2]. I mean, the money’s gotta be coming from somewhere, right?

So if you don’t have a job but are still trading coins actively, make sure you’re showing where that money is coming from and paying taxes on any gains.

Unreported Income

Not reporting crypto income at all? Well no duh, that’s basically asking for an audit[1]. The IRS has insight into exchange records, so they’ll know if you’re trading coins and not reporting it.

Trying to avoid taxes by not reporting income is never a good idea. Just pay your taxes people! It ain’t worth the hassle of dealing with an audit.

Day Trading

If you’re actively trading crypto on a daily basis like it’s your job, that day trader status will get the IRS’s attention[4]. They’ll wanna make sure you’re paying taxes on all those short-term trades.

So if you’re a heavy trader, use crypto tax software to carefully track your gains and losses. And make sure you’re checking the box on Schedule D indicating you’re a day trader.

Foreign Accounts

The IRS keeps close tabs on foreign crypto exchanges and wallets[4]. If you’re moving coins or cash to offshore exchanges, you need to report that activity.

Failure to report foreign crypto accounts can not only lead to an audit but also penalties. So if you’re using Binance, KuCoin, or any other non-US exchanges, tread carefully.

Tax Havens

If you’re transferring crypto to known tax haven countries, that’s a gigantic red flag for auditors[3]. Panama, the Cayman Islands, etc – if the IRS sees money moving to these places, they’ll wanna know exactly what’s going on.

Bottom line, trying to hide money offshore won’t end well. Avoid tax havens completely or make sure to report any activity if you want to steer clear of audits.

Incomplete Records

One of the biggest mistakes coin holders make is having incomplete or inaccurate records of their crypto transactions[5]. Like only keeping track of purchases but not sales or trades.

If you get audited, the IRS will ask for documentation of your crypto activity. So save all your statements, transaction histories, receipts, etc. If your records are sloppy, it’s not gonna go well.

No Tax Help

Navigating crypto taxes yourself without any professional help is risky[2]. There are lots of complex rules and regulations to follow.

If you don’t have a tax pro advising you, it’s easy to make mistakes on your return. Getting advice from an expert can help avoid red flags that lead to audits.

The Bottom Line

Dealing with IRS audits is no fun, but the good news is they can be avoided by reporting your crypto activity accurately. Keep detailed records, disclose all income, and consider hiring a crypto tax pro if you need help.

I know the tax rules for crypto can be confusing, but take your time and get everything squared away. You got this! Just stay organized and let me know if you have any other questions. Happy filing everyone!

References

[1] Will Your Crypto Trading Lead To An IRS Audit? – Forbes

[2] How to Avoid A Cryptocurrency Tax Audit in 2023 – CoinLedger

[3] At Risk For A Cryptocurrency Audit? – Atlanta Tax Lawyer

[4] Tips for Avoiding a Crypto Tax Audit – ZenLedger

[5] How to Survive a Cryptocurrency IRS Tax Audit – SF Tax Counsel

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